ment 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.

(Added Pub. L. 97-321, title VIII, § 801(a)(1), Oct. 15, 1982, 96 Stat. 1569.)

REPORT TO COMMITTEES ON ARMED SERVICES OF THE CONGRESS

Section 801(a)(3) of Pub. L. 97-321 provided that: "The first report under section 2394a(b)(2) of title 10, United States Code, as added by paragraph (1), shall be submitted not later than two years after the date of the enactment of this Act [Oct. 15, 1982]."

§ 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 Pub. L. 97-258, § 2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1053, § 2394, renumbered § 2395 and amended Pub. L. 97-295, § 1(28)(A), Oct. 12, 1982, 96 Stat. 1291.)

HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

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 Pub. L. 97-258, § 2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1053, § 2395, renumbered § 2396 and amended Pub. L. 97-295, § 1(28)(B), Oct. 12, 1982, 96 Stat. 1291.)

HISTORICAL AND REVISION NOTES

Sept. 13, 1982, Pub. L. 97-258, § 2(b)(4)(B), 96 Stat. 1053.

This redesignates 10:2394 (enacted by Pub. L. 97-258) as 10:2395 because of the enactment of another 10:2394 by Pub. L. 97-214, § 6(a)(1), July 12, 1982, 96 Stat. 171, and amends the section generally to eliminate the words "and the construction of military public works" because of section 10(b)(5) of the Military Construction Codification Act (Pub. L. 97-214, July 12, 1982, 96 Stat. 176) which struck corresponding words from the source statute for 10:2394 subsequent to Apr. 15, 1982, the cut-off date prescribed by section 4(a) of Pub. L. 97-258, section 2(b)(4)(B) of which enacted 10:2394.

CODIFICATION

Another section 2395, added Pub. L. 97-258, § 2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1053, was renumbered section 2396 by Pub. L. 97-295, § 1(28)(B), Oct. 12, 1982, 96 Stat. 1291.

AMENDMENTS

1982-Pub. L. 97-295 struck out "and the construction of military public works" following "supplies". § 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

This redesignates 10:2395 as 10:2396 because of the redesignation of 10:2394 (enacted by Pub. L. 97-258) as 10:2395, and substitutes "any other" for "another" in subsec. (b)(2)(C).

AMENDMENTS

1982-Subsec. (b)(2)(C). Pub. L. 97-295 substituted "any other" for "another".

§ 2397. Employees or former employees of defense contractors: reports

(a) In this section:

(1) "Contract" means a contract awarded by negotiation (including the net amount of modifications to, and the exercise of options under, the contract) that involves at least $10,000.

(2) "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) "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 3-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 person to whom this subsection applies who (A) was employed by, or served as a consultant or otherwise to, a defense contractor at any time during a fiscal year at an annual pay rate of at least $15,000 and the contractor was awarded contracts by the Department during that fiscal year that total at least $10,000,000, and (B) within the 3-year period before the beginning of that fiscal year served on active duty or performed civilian service for the Department, shall file a report with the Secretary of Defense (before February 16 of the next succeeding fiscal year) in the way prescribed by the Secretary.

(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 brief description of the duties and work performed by the person for the defense contractor.

(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 brief description of the duties and the work performed by the person while on active duty or performing civilian service for the Department during the 3-year period before that duty or service ended.

(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.

(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 fiscal year at a pay rate at least equal to the minimum rate for GS-13, and (B) within the 3-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 fiscal year at an annual pay rate of at least $15,000 and the contractor was

awarded contracts by the Department during that fiscal 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 brief description of the duties with the Department.

(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 brief description of the duties and the work performed by the person for the defense contractor.

(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 fiscal 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) A person not complying with the filing requirements of this section shall be fined not more than $1,000, or imprisoned not more than 6 months, or both.

(Added Pub. L. 97-295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1291.)

cause "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.

§ 2398. Procurement of gasohol as motor vehicle fuel

To the maximum extent feasible and consistent with overall defense needs and vehicle management practices prescribed by the Secretary of Defense, the Secretary shall make contracts, by competitive bid and subject to appropriations, to purchase domestically produced alcohol or alcohol-gasoline blends containing at least 10 percent domestically produced alcohol for use in motor vehicles owned or operated by the Department of Defense.

(Added Pub. L. 97-295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1293.)

HISTORICAL AND REVISION NOTES

PROHIBITION OF APPROPRIATIONS TO REIMBURSE CONTRACTOR for Cost OF COMMERCIAL INSURANCE Pub. L. 97-377, title I, § 101(c) [Title VII, § 766], Dec. 21, 1982, 96 Stat. 1861, provided that: "None of the funds appropriated in this or any other Act for the Department of Defense shall be available for obligation to reimburse a contractor for the cost of commercial insurance that would protect against the costs of the contractor for correction of the contractor's own defects in materials or workmanship."

§ 2400. Limitation on procurement of buses

Funds appropriated for use by the armed forces are available to acquire a multipassenger motor vehicle (bus) only if the vehicle is manufactured in the United States. However, the Secretary of Defense may prescribe regulations authorizing the acquisition of a multipassenger motor vehicle (bus) not manufactured in the United States, but only to ensure that compliance with this section will not result in an uneconomical procurement action or adversely affect the national interest.

(Added Pub. L. 97-295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1294.)

Source (Statutes at Large)

Sept. 20, 1968, Pub. L. 90-500, 404, 82 Stat. 851.

Nov. 9, 1979, Pub. L. 96-107, 815, 93 Stat. 817.

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.

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.

§ 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, 70A Stat. 138.)

HISTORICAL AND REVISION NOTES

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 section 101(1) of this title defines the United States to include the States and the District of Columbia.

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 section 1 of title 1. The words "United States" are substituted for the word "Government". The words "management", "for that purpose”, and “or agreement" are omitted as surplusage.

§ 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

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, 67 Stat. 638.

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 of 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). Pub. L. 85-861 substituted "such" for "standardized” in cl. (2), and “such" for "those" in cl. (3).

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of this title.

STANDARDIZATION AND INTEROPERABILITY OF NATO

WEAPONS

Pub. L. 94-361, title VIII, § 803, July 14, 1976, 90 Stat. 930, which expressed the sense of Congress that the weapons systems of the NATO Allies be standardized and interoperable, that this goal would be facilitated by inter-allied procurement of arms and closer intra-European collaboration in arms procurement, and directed the Secretary of Defense to negotiate with the Allies toward these ends and to report to Congress on actions and programs undertaken to achieve them, was repealed by Pub. L. 97-295, § 6(b), Oct. 12, 1982, 96 Stat. 1314.

Pub. L. 94-106, title VIII, § 814(a), (b), Oct. 7, 1975, 89 Stat. 540, as amended Pub. L. 94-361, title VIII, § 802, July 14, 1976, 90 Stat. 930, which had provided that it was the policy of the United States that the equipment of our armed forces in Europe be standardized or at least interoperable with that of our NATO Allies, directed the Secretary of Defense to carry out procurement policies toward this end and to report to

Congress on any agreements with the Allies involving exchange of equipment manufactured in the United States for equipment manufactured outside it, authorized the Secretary to find such agreements contrary to the public interest and required him to report on the procurement of any major weapons system not in accord with these policies, was repealed by Pub. L. 97-295, § 6(b), Oct. 12, 1982, 96 Stat. 1314.

Pub. L. 93-365, title III, § 302(c), Aug. 5, 1974, 88 Stat. 402, as amended Pub. L. 94-106, title VIII, § 814(c), Oct. 7, 1975, 89 Stat. 540; Pub. L. 97-252, title XI, § 1121, Sept. 8, 1982, 96 Stat. 754, which had directed the Secretary of Defense to assess the costs and possible loss of effectiveness from the failure of the NATO Allies to standardize equipment, to suggest standardization actions, and to report these matters to the Allies and Congress and to Congress annually on them and results obtained with the Allies, was repealed by Pub. L. 97-295, § 6(b), Oct. 12, 1982, 96 Stat. 1314.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2452, 2453, 2454 of this title.

§ 2452. Duties of Secretary of Defense

The Secretary of Defense shall

(1) develop and maintain the supply catalog, and the standardization program, described in section 2451 of this title;

(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, 70A Stat. 139.)