dreamproit/uscode huggingface dataset:
10 U.S.C. § 1564b (ARMED FORCES)
§ 1564b. Security vetting for foreign nationals
(a) Standards and Process.—
(1) The Secretary of Defense, in coordination with the Security Executive Agent established pursuant to Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), shall develop uniform and consistent standards and a centralized process for the screening and vetting of covered foreign individuals requiring access to systems, facilities, personnel, information, or operations, of the Department of Defense, including with respect to the background investigations of covered foreign individuals requiring access to classified information.
(2) The Secretary shall ensure that the standards developed under paragraph (1) are consistent with relevant directives of the Security Executive Agent.
(3) The Secretary shall designate an official of the Department of Defense to be responsible for executing the centralized process developed under paragraph (1) and adjudicating any information discovered pursuant to such process.
(b) Other Uses.—
In addition to using the centralized process developed under subsection (a)(1) for covered foreign individuals, the Secretary may use the centralized process in determining whether to grant a security clearance to any individual with significant foreign influence or foreign preference issues, in accordance with the adjudicative guidelines under part 147 of title 32, Code of Federal Regulations, or such successor regulation.
(c) Covered Foreign Individual Defined.—
In this section, the term “covered foreign individual” means an individual who meets the following criteria:
(1) The individual is—
(A) a national of a foreign state;
(B) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; or
(C) an alien who is lawfully admitted for permanent residence (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
(2) The individual is either—
(A) a civilian employee of the Department of Defense or a contractor of the Department; or
(B) a member of the armed forces.
(Added Pub. L. 115–232, div. A, title XVI, § 1622(a), Aug. 13, 2018, 132 Stat. 2117.)
heading: References in Text
text: Executive Order 13467, referred to in subsec. (a), is Ex. Ord. No. 13467, June 30, 2008, 73 F.R. 38103, which is set out as a note under section 3161 of Title 50, War and National Defense.
10 U.S.C. § 2035 (ARMED FORCES)
§ 2035. Flexibility in authorities for management of programs and units
(a) Authority To Convert Otherwise Closing Units to National Defense Cadet Corps Program Units.—
If the Secretary of a military department is notified by a local educational agency of the intent of the agency to close its Junior Reserve Officers’ Training Corps, the Secretary shall offer the agency the option of converting the unit to a National Defense Cadet Corps (NDCC) program unit in lieu of closing the unit.
(b) Flexibility in Administration of Instructors.—
(1) In general.—
The Secretaries of the military departments may, without regard to any other provision of this chapter, undertake initiatives designed to promote flexibility in the hiring and compensation of instructors for the Junior Reserve Officers’ Training Corps program under the jurisdiction of such Secretaries.
(2) Elements.—
The initiatives undertaken pursuant to this subsection may provide for one or more of the following:
(A) Termination of the requirement for a waiver as a condition of the hiring of well-qualified non-commissioned officers with a bachelor’s degree for senior instructor positions within the Junior Reserve Officers’ Training Corps.
(B) Specification of a single instructor as the minimum number of instructors required to found and operate a Junior Reserve Officers’ Training Corps unit.
(C) Authority for Junior Reserve Officers’ Training Corps instructors to undertake school duties, in addition to Junior Reserve Officers’ Training Corps duties, at small schools.
(D) Authority for the payment of instructor compensation for a limited number of Junior Reserve Officers’ Training Corps instructors on a 10-month per year basis rather than a 12-month per year basis.
(E) Such other actions as the Secretaries of the military departments consider appropriate.
(c) Flexibility in Allocation and Use of Travel Funding.—
The Secretaries of the military departments shall take appropriate actions to provide so-called regional directors of the Junior Reserve Officers’ Training Corps programs located at remote rural schools enhanced discretion in the allocation and use of funds for travel in connection with Junior Reserve Officers’ Training Corps activities.
(d) Standardization of Program Data.—
The Secretary of Defense shall take appropriate actions to standardize the data collected and maintained on the Junior Reserve Officers’ Training Corps programs in order to facilitate and enhance the collection and analysis of such data. Such actions shall include a requirement for the use of the National Center for Education Statistics (NCES) identification code for each school with a unit under a Junior Reserve Officers’ Training Corps program in order to facilitate identification of such schools and their units under the Junior Reserve Officers’ Training Corps programs.
(Added Pub. L. 115–232, div. A, title V, § 557(a)(1), Aug. 13, 2018, 132 Stat. 1773.)
10 U.S.C. § 2200c (ARMED FORCES)
§ 2200c. Special considerations in awarding scholarships and grants
(a) Centers of Academic Excellence in Cyber Education.—
In the selection of a recipient for the award of a scholarship or grant under this chapter, consideration shall be given to whether—
(1) in the case of a scholarship, the institution at which the recipient pursues a degree is a Center of Academic Excellence in Cyber Education; and
(2) in the case of a grant, the recipient is a Center of Academic Excellence in Cyber Education.
(b) Certain Institutions of Higher Education.—
In the selection of a recipient for the award of a scholarship or grant under this chapter, consideration shall be given to whether—
(1) in the case of a scholarship, the institution of higher education at which the recipient pursues a degree is an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and
(2) in the case of a grant, the recipient is an institution described in such section.
(Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–236; amended Pub. L. 115–91, div. A, title XVI, § 1649(d)(1)(E), (F), Dec. 12, 2017, 131 Stat. 1753; Pub. L. 115–232, div. A, title XVI, § 1633(a), (b)(1), Aug. 13, 2018, 132 Stat. 2125.)
heading: Amendments
text: 2018—Pub. L. 115–232 substituted “Special considerations in awarding scholarships and grants” for “Centers of Academic Excellence in Cyber Education” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
2017—Pub. L. 115–91 substituted “Cyber” for “Information Assurance” in heading and in pars. (1) and (2).
heading: Change of Name
text: Pub. L. 115–91, div. A, title XVI, § 1649(e)(2), Dec. 12, 2017, 131 Stat. 1753, provided that: “Any institution of higher education designated by the Director of the National Security Agency as a Center of Academic Excellence in Information Assurance Education is redesignated as a Center of Academic Excellence in Cyber Education. Any reference in a law (other than this section), map, regulation, document, paper, or other record of the United States to a Center of Academic Excellence in Information Assurance Education shall be deemed to be a reference to a Center of Academic Excellence in Cyber Education.”
10 U.S.C. § 2226 (ARMED FORCES)
§ 2226. Contracted property and services: prompt payment of vouchers
(a) Requirement.—
Of the contract vouchers that are received by the Defense Finance and Accounting Service by means of the mechanization of contract administration services system, the number of such vouchers that remain unpaid for more than 30 days as of the last day of each month may not exceed 5 percent of the total number of the contract vouchers so received that remain unpaid on that day.
(b) Contract Voucher Defined.—
In this section, the term “contract voucher” means a voucher or invoice for the payment to a contractor for services, commercial items (as defined in section 103 of title 41), or other deliverable items provided by the contractor under a contract funded by the Department of Defense.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1006(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–247; amended Pub. L. 111–350, § 5(b)(7), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 115–232, div. A, title VIII, § 836(e)(1), Aug. 13, 2018, 132 Stat. 1869.)
heading: Amendment of Subsection (b)
text: Pub. L. 115–232, div. A, title VIII, § 836(e)(1), (h), Aug. 13, 2018, 132 Stat. 1869, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, subsection (b) of this section is amended by striking “for services” and all that follows through “deliverable items” and inserting “for services or deliverable items”. See 2018 Amendment note below.
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 substituted “for services or deliverable items” for “for services, commercial items (as defined in section 103 of title 41), or other deliverable items”.
2011—Subsec. (b). Pub. L. 111–350 substituted “section 103 of title 41” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
heading: Effective Date
text: Pub. L. 106–398, § 1 [[div. A], title X, § 1006(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–248, provided that: “Section 2226 of title 10, United States Code (as added by subsection (a)), shall take effect on December 1, 2000.”
heading: Conditional Requirement for Report
text: Pub. L. 106–398, § 1 [[div. A], title X, § 1006(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–248, required submission of a report for any month between Dec. 1, 2000, and Nov. 30, 2004, in which the requirement in 10 U.S.C. 2226 was not met.
10 U.S.C. § 2229b (ARMED FORCES)
§ 2229b. Comptroller General assessment of acquisition programs and initiatives
(a) Assessment Required.—
The Comptroller General of the United States shall submit to the congressional defense committees an annual assessment of selected acquisition programs and initiatives of the Department of Defense by March 30th of each year from 2020 through 2023.
(b) Analyses To Be Included.—
The assessment required under subsection (a) shall include—
(1) a macro analysis of how well acquisition programs and initiatives are performing and reasons for that performance;
(2) a summary of organizational and legislative changes and emerging assessment methodologies since the last assessment, and a discussion of the implications for execution and oversight of programs and initiatives; and
(3) specific analyses of individual acquisition programs and initiatives.
(c) Acquisition Programs and Initiatives to Be Considered.—
The assessment required under subsection (a) shall consider the following programs and initiatives:
(1) Selected weapon systems, as determined appropriate by the Comptroller General.
(2) Selected information technology systems and initiatives, including defense business systems, networks, and software-intensive systems, as determined appropriate by the Comptroller General.
(3) Selected prototyping and rapid fielding activities and initiatives, as determined appropriate by the Comptroller General.
(Added Pub. L. 115–232, div. A, title VIII, § 833(a), Aug. 13, 2018, 132 Stat. 1858.)
10 U.S.C. § 2279c (ARMED FORCES)
§ 2279c. Air Force Space Command
(a) Commander.—
(1) The head of the Air Force Space Command shall be the Commander of the Air Force Space Command, who shall be appointed in accordance with section 601 of this title. The officer serving as Commander, while so serving, has the grade of general without vacating the permanent grade of the officer.
(2) The Commander shall be appointed to serve a term of six years. The Secretary may propose to promote the individual serving as the Commander during that term of appointment.
(3) The incumbent Commander may serve as the first Commander after December 12, 2017.
(b) Authorities.—
In addition to the authorities and responsibilities assigned to the Commander before December 12, 2017, the Commander has the sole authority with respect to each of the following:
(1) Organizing, training, and equipping personnel and operations of the space forces of the Air Force.
(2) Subject to the direction of the Secretary of the Air Force, serving as the service acquisition executive under section 1704 of this title for defense space acquisitions.
(3) In consultation with the Chief Information Officer of the Department of Defense, procurement of commercial satellite communications services for the Department of Defense for such services entered into after December 11, 2018.
(Added Pub. L. 115–91, div. A, title XVI, § 1601(a)(1), Dec. 12, 2017, 131 Stat. 1718; amended Pub. L. 115–232, div. A, title X, § 1081(a)(17), Aug. 13, 2018, 132 Stat. 1984.)
heading: Prior Provisions
text: Another section 2279c was renumbered section 2279d of this title.
heading: Amendments
text: 2018—Subsec. (a)(3). Pub. L. 115–232, § 1081(a)(17)(A), substituted “December 12, 2017” for “the date of the enactment of this Act”.
Subsec. (b). Pub. L. 115–232, § 1081(a)(17)(B)(i), substituted “December 12, 2017” for “the date of the enactment of this section” in introductory provisions.
Subsec. (b)(3). Pub. L. 115–232, § 1081(a)(17)(B)(ii), substituted “after December 11, 2018” for “on or after the date that is one year after the date of the enactment of this section”.
heading: Construction
text: Pub. L. 115–91, div. A, title XVI, § 1601(a)(3), Dec. 12, 2017, 131 Stat. 1719, provided that: “Nothing in subsection (b)(1) of section 2279c of title 10, United States Code, as added by paragraph (1), may be construed to prohibit or otherwise affect the authority of the Secretary of the Air Force to provide to the space forces of the Air Force the services of the Department of the Air Force relating to basic personnel functions, the United States Air Force Academy, recruitment, and basic training.”
10 U.S.C. § 2283 (ARMED FORCES)
§ 2283. Department of Defense small business strategy
(a) In General.—
The Secretary of Defense shall implement a small business strategy for the Department of Defense that meets the requirements of this section.
(b) Unified Management Structure.—
As part of the small business strategy described in subsection (a), the Secretary shall ensure that there is a unified management structure within the Department for the functions of the Department relating to—
(1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act);
(2) manufacturing and industrial base policy; and
(3) any procurement technical assistance program established under chapter 142 of this title.
(c) Purpose of Small Business Programs.—
The Secretary shall ensure that programs and activities of the Department of Defense related to small business concerns are carried out so as to further national defense programs and priorities and the statements of purpose for Department of Defense acquisition set forth in section 801 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449).
(d) Points of Entry Into Defense Market.—
The Secretary shall ensure—
(1) that opportunities for small business concerns to contract with the Department of Defense are identified clearly; and
(2) that small business concerns are able to have access to program managers, contracting officers, and other persons using the products or services of such concern to the extent necessary to inform such persons of emerging and existing capabilities of such concerns.
(e) Enhanced Outreach Under Procurement Technical Assistance Program Market.—
The Secretary shall enable and promote activities to provide coordinated outreach to small business concerns through any procurement technical assistance program established under chapter 142 of this title to facilitate small business contracting with the Department of Defense.
(Added Pub. L. 115–232, div. A, title VIII, § 851(a), Aug. 13, 2018, 132 Stat. 1883.)
heading: References in Text
text: Section 3 of the Small Business Act, referred to in subsec. (b)(1), is classified to section 632 of Title 15, Commerce and Trade.
Section 801 of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (c), is section 801 of Pub. L. 115–91, which is set out as a note under section 2302 of this title.
heading: Implementation
text: Pub. L. 115–232, div. A, title VIII, § 851(b), Aug. 13, 2018, 132 Stat. 1884, provided that:
“(1) Deadline.—
The Secretary of Defense shall develop the small business strategy required by section 2283 of title 10, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018].
“(2) Notice to congress and publication.—
Upon completion of the development of the small business strategy pursuant to paragraph (1), the Secretary shall—
“(A) transmit the strategy to Congress; and
“(B) publish the strategy on a public website of the Department of Defense.”
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 small business concerns in furtherance of section 8 or 15 of the Small Business Act (15 U.S.C. 637 or 644).
(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; amended Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(vi), Aug. 13, 2018, 132 Stat. 1847.)
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 struck out par. (1) designation and par. (2), which read as follows: “entities described in subsection (a)(1) of section 2323 of this title in furtherance of the goal specified in that subsection.”
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. § 2318 (ARMED FORCES)
§ 2318. Advocates for competition
Each advocate for competition designated pursuant to section 1705(a) of title 41 for an agency named in section 2303(a) of this title shall be a general or flag officer if a member of the armed forces or in a position classified above GS–15 pursuant to section 5108 of title 5, if a civilian employee and shall be designated to serve for a minimum of two years.
(Added Pub. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2593; amended Pub. L. 100–26, § 7(d)(4), Apr. 21, 1987, 101 Stat. 281; Pub. L. 102–25, title VII, § 701(f)(1), Apr. 6, 1991, 105 Stat. 115; Pub. L. 103–355, title I, § 1031, Oct. 13, 1994, 108 Stat. 3260; Pub. L. 111–350, § 5(b)(17), Jan. 4, 2011, 124 Stat. 3843; Pub. L. 112–239, div. A, title X, § 1076(f)(24), Jan. 2, 2013, 126 Stat. 1953; Pub. L. 115–232, div. A, title VIII, § 811(d), Aug. 13, 2018, 132 Stat. 1845.)
heading: Amendments
text: 2018—Pub. L. 115–232 substituted “Each advocate for competition designated pursuant to section 1705(a) of title 41 for” for “(b) Each advocate for competition of” and “in a position classified above GS–15 pursuant to section 5108 of title 5” for “a grade GS–16 or above under the General Schedule (or in a comparable or higher position under another schedule)” and struck out subsec. (a) which related to designation of an officer or employee of the Defense Logistics Agency to serve as the advocate for competition of the agency.
2013—Subsec. (a)(2). Pub. L. 112–239 substituted “subsections (b) and (c) of section 1705” for “section 1705(b) and (c)”.
2011—Subsec. (a)(1). Pub. L. 111–350, § 5(b)(17)(A), substituted “section 1705(a) of title 41” for “section 20(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(a))”.
Subsec. (a)(2). Pub. L. 111–350, § 5(b)(17)(B), substituted “section 1705(b) and (c) of title 41” for “sections 20(b) and 20(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(b), (c))”.
1994—Subsec. (c). Pub. L. 103–355 struck out subsec. (c) which read as follows: “Each advocate for competition of an agency of the Department of Defense shall transmit to the Secretary of Defense a report describing his activities during the preceding year. The report of each advocate for competition shall be included in the annual report of the Secretary of Defense required by section 23 of the Office of Federal Procurement Policy Act (41 U.S.C. 419), in the form in which it was submitted to the Secretary.”
1991—Subsec. (c). Pub. L. 102–25 substituted “section 23” for “section 21”.
1987—Subsec. (a)(1). Pub. L. 100–26, § 7(d)(4)(A), inserted “(41 U.S.C. 418(a))” after “Policy Act”.
Subsec. (a)(2). Pub. L. 100–26, § 7(d)(4)(B), inserted “(41 U.S.C. 418(b), (c))” after “Policy Act”.
Subsec. (c). Pub. L. 100–26, § 7(d)(4)(C), inserted “(41 U.S.C. 419)” after “Policy Act”.
heading: Effective Date
text: Pub. L. 98–525, title XII, § 1216(c)(1), Oct. 19, 1984, 98 Stat. 2599, provided that: “Section 2318 of title 10, United States Code (as added by subsection (a)), shall take effect on April 1, 1985.”