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(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) LIMITATIONS.-(1) Not more than a total of five vessels built in foreign ship yards may be purchased with funds in the National Defense Sealift Fund pursuant to subsection (c)(1).

(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 Public Law 101-510 (104 Stat. 1683).

(g) EXPIRATION OF FUNDS AFTER 5 YEARS.-No part of an appropriation that is deposited in the National Defense Sealift Fund pursuant to subsection (d)(1) shall remain available for obligation more than five years after the end of fiscal year for which appropriated except to the extent specifically provided by law.

(h) BUDGET REQUESTS.-Budget requests submitted to Congress for the National Defense Sealift Fund shall separately identify

(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) TITLE OR MANAGEMENT OF VESSELS.-Nothing in this section shall be construed to affect or modify title to, management of, or funding responsibilities for, any vessel of the National Defense Reserve Fleet, or assigned to the Ready Reserve Force component of the National Defense Reserve Fleet, as established by section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744).

(j) AUTHORITY FOR CERTAIN USE OF FUNDS.-Upon a determination by the Secretary of Defense that such action serves the national defense interest and after consultation with the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives, the Secretary may use funds available for obligation or expenditure for a purpose specified under subsection (c)(1) (A), (B), (C), and (D) for any purpose under subsection (c)(1).

(k) DEFINITIONS.-In this section:

(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 Public Law 101-510 (104 Stat. 1683);

(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 (50 U.S.C. App. 1744).

(Added P.L. 102–484, § 1024(a), Oct. 23, 1992, 106 Stat. 2486, and amended P.L. 102-396, Oct. 6, 1992, 106 Stat. 1896.)

§ 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 P.L. 103–337, § 373(a), Oct. 5, 1994, 108 Stat. 2736.)

§ 2220. Performance based management: acquisition programs

(a) ESTABLISHMENT OF GOALS. (1) The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs.

Subsections (b) and (c) of section 5001 of the Federal Acquisition Streamlining Act of 1994 (P.L. 103-355; 108 Stat. 3350) provide:

(b) ENHANCED SYSTEM OF PERFORMANCE INCENTIVES.-Within one year after the date of the enactment of this Act [Oct. 13, 1994], the Secretary of Defense shall review the incentives and personnel actions available to the Secretary of Defense for encouraging excellence in the management of defense acquisition programs and provide an enhanced system of incentives to facilitate the achievement of goals approved or defined pursuant to section 2220(a) of title 10, United States Code. The enhanced system of incentives shall, to the maximum extent consistent with applicable law

(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 section 2220(a) of title 10, as added by subsection (a)); and

(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 section 2220(a) of title 10, United States Code, as added by subsection (a).

(c) RECOMMENDED LEGISLATION.-Not later than one year after the date of the enactment of this Act (Oct. 13, 1994), the Secretary of Defense shall submit to Congress any recommended legislation that the Secretary considers necessary to carry out section 2220 of title 10, United States Code, as added by subsection (a), and otherwise to facilitate and enhance management of Department of Defense acquisition programs on the basis of performance.

(2) The Comptroller of the Department of Defense shall evaluate the cost goals proposed for each major defense acquisition program of the Department.

(b) ANNUAL REPORTING REQUIREMENT.-The Secretary of Defense shall include in the annual report submitted to Congress pursuant to section 113(c) of this title an assessment of whether major and nonmajor acquisition programs of the Department of Defense are achieving, on average, 90 percent of cost, performance, and schedule goals established pursuant to subsection (a) and whether the average period for converting emerging technology into operational capability has decreased by 50 percent or more from the average period required for such conversion as of the date of the enactment of the Federal Acquisition Streamlining Act of 1994. The Secretary shall use data from existing management systems in making the assessment.

(c) PERFORMANCE EVALUATION.-Whenever the Secretary of Defense, in the assessment required by subsection (b), determines that major defense acquisition programs of the Department of Defense are not achieving, on average, 90 percent of cost, performance, and schedule goals established pursuant to subsection (a), the Secretary shall ensure that there is a timely review of major defense acquisition programs and other programs as appropriate. In conducting the review, the Secretary shall

(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 P.L. 103–355, § 5001(a)(1), Oct. 13, 1994, 108 Stat. 3349.)

CHAPTER 134-MISCELLANEOUS ADMINISTRATIVE
PROVISIONS

SUBCHAPTER I-MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

Sec.

*

2247.1

Prohibition on use of funds for documenting economic or employment impact of certain acquisition programs.

§ 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 P.L. 103–355, § 7202(a)(1), Oct. 13, 1994, 108 Stat. 3379.)

[CHAPTER 135-REPEALED]

[§§ 2271 to 2279. Repealed. P.L. 103-160, § 821(a)(1), Nov. 30, 1993, 107 Stat. 1704]

1 So in original. Should be "2249".

[blocks in formation]

[2303a. Repealed.]

2304.

Contracts: competition requirements.

2304a. Task and delivery order contracts: general authority. 2304b. Task order contracts: advisory and assistance services.

2304c.

2304d.

Task and delivery order contracts: orders.

Task and delivery order contracts: definitions.

2304a.2 Contracts: prohibition on competition between Department of Defense and small businesses and certain other entities.

Contracts: planning, solicitation, evaluation, and award procedures.

Kinds of contracts.

[blocks in formation]

2305.

2306.

2306a.

2306b.

2307.

[2308.

Repealed.]

2309.

Allocation of appropriations.

2310.

2311.

2312.

2313.

2314.

2315.

2316.

Determinations and decisions.

Assignment and delegation of procurement functions and responsibilities.
Remission of liquidated damages.

Examination of records of contractor.

Laws inapplicable to agencies named in section 2303 of this title.

Law inapplicable to the procurement of automatic data processing equipment and services for certain defense purposes.

Disclosure of identity of contractor.

[2317. Repealed.]

2318.

2319.

2320.

2321.

[2322.

2323.

2323a.

2324.

[2325.

2326.

2327. 2328.

Advocates for competition.

Encouragement of new competitors.
Rights in technical data.

Validation of proprietary data restrictions.

Repealed.]

Contract goal for small disadvantaged businesses and certain institutions of higher education.

Credit for Indian contracting in meeting certain subcontracting goals for small disadvantaged businesses and certain institutions of higher education.

Allowable costs under defense contracts.

Repealed.]

Undefinitized contractual actions: restrictions.

Contracts: consideration of national security objectives.

Release of technical data under Freedom of Information Act: recovery of

costs.

[2329, 2330. Repealed.]

2331.

Contracts for professional and technical services.

In addition to the procurement procedures set forth by this chapter, chapter 141, and other provisions of title 10, numerous provisions of law applicable to procurement by the agencies named in section 2303(a) of this title are found in the Office of Federal Procurement Policy Act, the Federal Property and Administrative Services Act of 1949, the Small Business Act, and other laws. Also, various limitations on defense procurement are included in annual Department of Defense Appropriations Acts and annual National Defense Authorization Acts. See other sections of this publication for those provisions.

2So in original. Second section 2304a should be 2304e.

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