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10 U.S.C. § 2508 (ARMED FORCES)
§ 2508. Industrial Base Fund
(a) Establishment.—
The Secretary of Defense shall establish an Industrial Base Fund (in this section referred to as the “Fund”).
(b) Control of Fund.—
The Fund shall be under the control of the Under Secretary of Defense for Acquisition and Sustainment, acting through the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy.
(c) Amounts in Fund.—
The Fund shall consist of amounts appropriated or otherwise made available to the Fund.
(d) Use of Fund.—
Subject to subsection (e), the Fund shall be used—
(1) to support the monitoring and assessment of the industrial base required by this chapter;
(2) to address critical issues in the industrial base relating to urgent operational needs;
(3) to support efforts to expand the industrial base; and
(4) to address supply chain vulnerabilities.
(e) Use of Fund Subject to Appropriations.—
The authority of the Secretary of Defense to use the Fund under this section in any fiscal year is subject to the availability of appropriations for that purpose.
(f) Expenditures.—
The Secretary shall establish procedures for expending monies in the Fund in support of the uses identified in subsection (d), including the following:
(1) Direct obligations from the Fund.
(2) Transfers of monies from the Fund to relevant appropriations of the Department of Defense.
(Added Pub. L. 111–383, div. A, title VIII, § 896(b)(1), Jan. 7, 2011, 124 Stat. 4315; amended Pub. L. 115–91, div. A, title X, § 1081(g)(1), Dec. 12, 2017, 131 Stat. 1601; Pub. L. 116–92, div. A, title IX, § 902(75), Dec. 20, 2019, 133 Stat. 1552.)
heading: Prior Provisions
text: A prior section 2508 was renumbered section 2522 of this title and subsequently repealed.
A prior section 2509, added Pub. L. 101–510, div. A, title VIII, § 825(a), Nov. 5, 1990, 104 Stat. 1604; amended Pub. L. 102–484, div. A, title X, § 1052(34), Oct. 23, 1992, 106 Stat. 2501, required submission of defense industrial base annual reports, prior to repeal by Pub. L. 102–484, § 4202(a).
A prior section 2510, added Pub. L. 101–510, div. A, title VIII, § 826(a)(1), Nov. 5, 1990, 104 Stat. 1605, related to defense industrial base for textile and apparel products, prior to repeal by Pub. L. 102–484, § 4202(a).
heading: Amendments
text: 2019—Subsec. (b). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Pub. L. 115–91, § 1081(g)(1), made technical amendment to directory language of Pub. L. 111–383, § 896(b)(1), which added this section.
heading: Effective Date of 2017 Amendment
text: Pub. L. 115–91, div. A, title X, § 1081(g), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(g)(1) is effective as of Jan. 7, 2011, and as if included in Pub. L. 111–383 as enacted.
10 U.S.C. § 2546 (ARMED FORCES)
§ 2546. Civilian management of the defense acquisition system
(a) Responsibility of the Under Secretary of Defense for Acquisition and Sustainment.—
Subject to the authority, direction and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment shall be responsible for the management of the defense acquisition system and shall exercise such control of the system and perform such duties as are necessary to ensure the successful and efficient operation of the defense acquisition system, including the duties enumerated and assigned to the Under Secretary elsewhere in this title.
(b) Responsibility of the Service Acquisition Executives.—
Subject to the direction of the Under Secretary of Defense for Acquisition and Sustainment on matters pertaining to acquisition, and subject to the authority, direction, and control of the Secretary of the military department concerned, a service acquisition executive of a military department shall be responsible for the management of elements of the defense acquisition system in that military department and shall exercise such control of the system and perform such duties as are necessary to ensure the successful and efficient operation of such elements of the defense acquisition system.
(Added Pub. L. 111–383, div. A, title VIII, § 861(a), Jan. 7, 2011, 124 Stat. 4288; amended Pub. L. 116–92, div. A, title IX, § 902(78), Dec. 20, 2019, 133 Stat. 1552.)
heading: Prior Provisions
text: A prior section 2546 was renumbered section 2556 of this title.
heading: Amendments
text: 2019—Subsec. (a). Pub. L. 116–92, § 902(78)(A), (B), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics” in heading and text.
Subsec. (b). Pub. L. 116–92, § 902(78)(C), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
10 U.S.C. § 2564a (ARMED FORCES)
§ 2564a. Provision of assistance for adaptive sports programs: members of the armed forces; certain veterans
(a) Program Authorized.—
(1) The Secretary of Defense may establish a military adaptive sports program to support the provision of adaptive sports programming for—
(A) any member of the armed forces who is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and
(B) any veteran (as defined in section 101 of title 38), during the one-year period following the veteran’s date of separation, who—
(i) is on the Temporary Disability Retirement List or Permanently Disabled Retirement List;
(ii) is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and
(iii) was enrolled in the program authorized under this section prior to the veteran’s date of separation.
(2) In establishing the military adaptive sports program, the Secretary of Defense shall—
(A) consult with the Secretary of Veterans Affairs; and
(B) avoid duplicating programs conducted by the Secretary of Veterans Affairs under section 521A of title 38.
(b) Provision of Assistance; Purpose.—
(1) Under such criteria as the Secretary of Defense may establish under the military adaptive sports program, the Secretary may award grants to, or enter into contracts and cooperative agreements with, entities for the purpose of planning, developing, managing, and implementing adaptive sports programming for members and veterans described in subsection (a).
(2) The Secretary of Defense shall use competitive procedures to award any grant or to enter into any contract or cooperative agreement under this subsection.
(c) Use of Assistance.—
Assistance provided under the military adaptive sports program shall be used—
(1) for the purposes specified in subsection (b); and
(2) for such related activities and expenses as the Secretary of Defense may authorize.
(Added Pub. L. 112–81, div. A, title V, § 589(a), Dec. 31, 2011, 125 Stat. 1437; amended Pub. L. 116–92, div. A, title V, § 592(a)–(c)(1), Dec. 20, 2019, 133 Stat. 1414, 1415.)
heading: Amendments
text: 2019—Pub. L. 116–92, § 592(c)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Provision of assistance for adaptive sports programs for members of the armed forces”.
Subsec. (a)(1). Pub. L. 116–92, § 592(a), substituted “for—” and subpars. (A) and (B) for “for members of the armed forces who are eligible to participate in adaptive sports because of an injury or wound incurred in the line of duty in the armed forces.”
Subsec. (b). Pub. L. 116–92, § 592(b), inserted “and veterans” after “members”.
10 U.S.C. § 2700 (ARMED FORCES)
§ 2700. Definitions
In this chapter:
(1) The term “CERCLA” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(2)
(A) The terms “environment”, “facility”, “hazardous substance”, “person”, “pollutant or contaminant”, “release”, “removal”, “response”, “disposal”, and “hazardous waste” have the meanings given those terms in section 101 of CERCLA (42 U.S.C. 9601).
(B) The term “facility” includes real property that is owned by, leased to, or otherwise possessed by the United States at locations at which military activities are conducted under this title or title 32 (including real property owned or leased by the Federal Government that is licensed to and operated by a State for training for the National Guard).
(3) The term “Administrator” means the Administrator of the Environmental Protection Agency.
(Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1725, § 2707; renumbered § 2700 and amended Pub. L. 107–314, div. A, title III, § 313(a)(1), (c)(1), Dec. 2, 2002, 116 Stat. 2507; Pub. L. 111–383, div. A, title X, § 1075(b)(46)(A), Jan. 7, 2011, 124 Stat. 4371; Pub. L. 116–92, div. A, title III, § 316(b), Dec. 20, 2019, 133 Stat. 1304.)
heading: References in Text
text: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in par. (1), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.
heading: Amendments
text: 2019—Par. (2). Pub. L. 116–92 designated existing provisions as subpar. (A) and added subpar. (B).
2011—Par. (2). Pub. L. 111–383 inserted “ ‘pollutant or contaminant’,” after “ ‘person’,”.
2002—Pub. L. 107–314, § 313(c)(1), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
Pub. L. 107–314, § 313(a)(1), renumbered section 2707 of this title as this section.
heading: Savings Clause
text: Pub. L. 116–92, div. A, title III, § 316(d), Dec. 20, 2019, 133 Stat. 1304, provided that: “Nothing in this section [amending this section and and sections 2701 and 2707 of this title], or the amendments made by this section, shall affect any requirement or authority under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).”
10 U.S.C. § 2707 (ARMED FORCES)
§ 2707. Environmental restoration projects for environmental responses
(a) Environmental Restoration Projects Authorized.—
The Secretary of Defense or the Secretary of a military department may carry out an environmental restoration project if that Secretary determines that the project is necessary to carry out a response under this chapter or CERCLA.
(b) Treatment of Project.—
Any construction, development, conversion, or extension of a structure, and any installation of equipment, that is included in an environmental restoration project under this section may not be considered military construction (as that term is defined in section 2801(a) of this title).
(c) Source of Funds.—
Funds authorized for deposit in an account established by section 2703(a) of this title shall be the only source of funds to conduct an environmental restoration project under this section.
(d) Environmental Restoration Project Defined.—
In this section, the term “environmental restoration project” includes any construction, development, conversion, or extension of a structure, or installation of equipment, in direct support of a response.
(e) Authority for National Guard Projects.—
Notwithstanding subsection (a) of this section and section 2701(c)(1) of this title, the Secretary concerned may use funds described in subsection (c) to carry out an environmental restoration project at a facility in response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA.
(Added Pub. L. 107–314, div. A, title III, § 313(a)(2), Dec. 2, 2002, 116 Stat. 2507; amended Pub. L. 116–92, div. A, title III, § 316(a), Dec. 20, 2019, 133 Stat. 1304.)
heading: Prior Provisions
text: A prior section 2707 was renumbered section 2700 of this title.
heading: Amendments
text: 2019—Subsec. (e). Pub. L. 116–92 added subsec. (e).
heading: Savings Clause
text: Nothing in amendment by section 316 of Pub. L. 116–92 to affect any requirement or authority under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), see section 316(d) of Pub. L. 116–92, set out as a note under section 2700 of this title.
10 U.S.C. § 2735 (ARMED FORCES)
§ 2735. Settlement: final and conclusive
Notwithstanding any other provision of law, the settlement of a claim under section 2733, 2733a, 2734, 2734a, 2734b, or 2737 of this title is final and conclusive.
(Aug. 10, 1956, ch. 1041, 70A Stat. 155; Pub. L. 88–558, § 5(1), Aug. 31, 1964, 78 Stat. 768; Pub. L. 92–413, Aug. 29, 1972, 86 Stat. 649; Pub. L. 116–92, div. A, title VII, § 731(c)(1), Dec. 20, 2019, 133 Stat. 1460.)
text: Historical and Revision Notes
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.), 66 Stat. 323.
July 3, 1943, ch. 189, § 1 (4th sentence), 57 Stat. 373.
Jan. 2, 1942, ch. 645, § 1 (last proviso); restated Apr. 22, 1943, ch. 67, § 1 (last proviso), 57 Stat. 67.
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.
heading: Amendments
text: 2019—Pub. L. 116–92 substituted “2733, 2733a,” for “2733,”.
1972—Pub. L. 92–413 inserted reference to sections 2734a, 2734b, and 2737 of this title.
1964—Pub. L. 88–558 struck out reference to section 2732.
heading: Effective Date of 2019 Amendment
text: Amendment by Pub. L. 116–92 applicable to any claim filed under section 2733a of this title, on or after Jan. 1, 2020, and any claim filed in calendar year 2020 deemed filed within the time period specified in section 2733a(b)(4) of this title if it is filed within three years after it accrues, see section 731(d) of Pub. L. 116–92, set out as an Effective Date note under section 2773a of this title.
heading: Effective Date of 1964 Amendment
text: Pub. L. 88–558, § 5, Aug. 31, 1964, 78 Stat. 768, provided that the amendment made by that section is effective two years from Aug. 31, 1964.
heading: Repeals
text: The directory language of, but not the amendment made by, Pub. L. 88–558, Aug. 31, 1964, 78 Stat. 767, cited as a credit to this section and in the Effective Date of 1964 Amendment note above, was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068.
10 U.S.C. § 2804 (ARMED FORCES)
§ 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 to the appropriate committees of Congress on that decision. Each such report shall include the justification for the project, the current estimate of the cost of the project, and the justification for carrying out the project under this section. The project may then be carried out only after the end of the seven-day period; and 1 beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title.
(Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 155; amended Pub. L. 102–190, div. B, title XXVIII, § 2870(3), Dec. 5, 1991, 105 Stat. 1563; Pub. L. 108–136, div. A, title X, § 1031(a)(35), Nov. 24, 2003, 117 Stat. 1600; Pub. L. 109–163, div. B, title XXVIII, § 2801(a), Jan. 6, 2006, 119 Stat. 3504; Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(2), Dec. 12, 2017, 131 Stat. 1840; Pub. L. 116–92, div. A, title XVII, § 1731(a)(54), Dec. 20, 2019, 133 Stat. 1815.)
heading: Amendments
text: 2019—Subsec. (b). Pub. L. 116–92 substituted “include the justification” for “include (1) the justification”, “project, the current” for “project and the current”, and “and the justification” for “and (2) the justification”.
2017—Subsec. (b). Pub. L. 115–91 struck out “in writing” after “submit a report” and “or, if earlier, the end of the seven-day period beginning on the date on which a copy of the notification is provided” after “such committees” and substituted “seven-day period; and” for “14-day period”.
2006—Subsec. (b). Pub. L. 109–163 substituted “14-day period” for “21-day period” and “seven-day period” for “14-day period”.
2003—Subsec. (b). Pub. L. 108–136 inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.
1991—Subsec. (b). Pub. L. 102–190 struck out before period at end “, or after each such committee has approved the project, if the committees approve the project before the end of that period”.
heading: Effective Date
text: For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.
10 U.S.C. § 2815 (ARMED FORCES)
§ 2815. Military installation resilience projects
(a) Projects Required.—
The Secretary of Defense shall carry out military construction projects for military installation resilience, in accordance with section 2802 of this title.
(b) Congressional Notification.—
(1) When a decision is made to carry out a project under this section, the Secretary of Defense shall notify the congressional defense committees of that decision.
(2) The Secretary of Defense shall include in each notification submitted under paragraph (1) the rationale for how the project would—
(A) enhance military installation resilience;
(B) enhance mission assurance;
(C) support mission critical functions; and
(D) address known vulnerabilities.
(c) Timing of Projects.—
A project may be carried out under this section only after the end of the 14-day period beginning on the date that notification with respect to that project under subsection (b) is received by the congressional defense committees in an electronic medium pursuant to section 480 of this title.
(d) Annual Report.—
Not later than 90 days after the end of each fiscal year until December 31, 2025, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the planned and active projects carried out under this section (including completed projects), and shall include in the report with respect to each such project the following information:
(1) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate.
(2) The information provided under subsection (b)(2).
(3) Such other information as the Secretary considers appropriate.
(Added Pub. L. 116–92, div. B, title XXVIII, § 2801(b)(1), Dec. 20, 2019, 133 Stat. 1880.)
heading: Prior Provisions
text: A prior section 2815, added Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2801(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–412; amended Pub. L. 107–314, div. A, title X, § 1062(a)(14), Dec. 2, 2002, 116 Stat. 2650, related to annual evaluation of joint use military construction projects, prior to repeal by Pub. L. 112–81, div. A, title X, § 1061(23)(A), Dec. 31, 2011, 125 Stat. 1584.
10 U.S.C. § 2870 (ARMED FORCES)
§ 2870. Use of qualified apprentices by military construction contractors
(a) Certification Required.—
The Secretary of Defense shall require each offeror for a contract for a military construction project to certify to the Secretary that, if awarded such a contract, the offeror will—
(1) establish a goal that not less than 20 percent of the total workforce employed in the performance of such a contract are qualified apprentices; and
(2) make a good faith effort to meet or exceed such goal.
(b) Incentives.—
The Secretary of Defense shall develop incentives for offerors for a contract for military construction projects to meet or exceed the goal described in subsection (a).
(c) Consideration of Use of Qualified Apprentices.—
The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of whether the contractor has made a good faith effort to meet or exceed the goal described in subsection (a), including consideration of the actual number of qualified apprentices used by the contractor on the contract, as part of the past performance rating of such contractor.
(d) Qualified Apprentice Defined.—
In this section, the term “qualified apprentice” means an employee participating in an apprenticeship program that is—
(1) registered with the Office of Apprenticeship of the Employment Training Administration of the Department of Labor pursuant to the Act of August 16, 1937 (popularly known as the “National Apprenticeship Act”; 29 U.S.C. 50 et seq.);
(2) registered with a State apprenticeship agency recognized by such Office of Apprenticeship pursuant to such Act; or
(3) determined to be a high-quality apprenticeship program by industry and the Secretary of Labor.
(Added Pub. L. 116–92, div. A, title VIII, § 865(a)(1), Dec. 20, 2019, 133 Stat. 1523.)
heading: References in Text
text: The National Apprenticeship Act, referred to in subsec. (d)(1), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.
heading: Effective Date of 2019 Amendment
text: Pub. L. 116–92, div. A, title VIII, § 865(b), Dec. 20, 2019, 133 Stat. 1524, provided that: “The amendments made by this section [enacting this section] shall apply with respect to contracts awarded on or after the date that is 180 days after the date of the enactment of this Act [Dec. 20, 2019].”