Title 10 — Armed Forces
Part II · Chapter 76 — Missing Persons
§ 1501a. Public-private partnerships; other forms of support
Statutory text
Public-private Partnerships.—
The Secretary of Defense may enter into arrangements known as public-private partnerships with appropriate entities outside the Government for the purposes of facilitating the activities of the designated Defense Agency. The Secretary may only partner with foreign governments or foreign entities with the concurrence of the Secretary of State. Any such arrangement shall be entered into in accordance with authorities provided under this section or any other authority otherwise available to the Secretary. Regulations prescribed under subsection (f)(1) shall include provisions for the establishment and implementation of such partnerships. An employee of an entity outside the Government that has entered into a public-private partnership, cooperative agreement, or a grant arrangement with, or in direct support of, the designated Defense Agency under this section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative agreement, or grant, only for the purposes of section 552a of title 5 (relating to maintenance of records on individuals).
Acceptance of Voluntary Personal Services.—
The Secretary of Defense may accept voluntary services to facilitate accounting for missing persons in the same manner as the Secretary of a military department may accept such services under section 1588(a)(9) of this title.
Cooperative Agreements and Grants.—
In general.—
The Secretary of Defense may enter into a cooperative agreement with, or make a grant to, a private entity for purposes related to support of the activities of the designated Defense Agency.
Inapplicability of certain contract requirements.—
Notwithstanding section 3201(e) of this title, the Secretary may enter such cooperative agreements or grants on a sole-source basis pursuant to section 3204(a)(5) of this title.
Use of Department of Defense Personal Property.—
The Secretary may allow a private entity to use, at no cost, personal property of the Department of Defense to assist the entity in supporting the activities of the designated Defense Agency.
Acceptance of Gifts.—
Authority to accept.—
Subject to subsection (f)(2), the Secretary may accept, hold, administer, spend, and use any gift of personal property, money, or services made on the condition that the gift be used for the purpose of facilitating accounting for missing persons pursuant to section 1501(a)(2)(C) of this title.
Gift funds.—
Gifts and bequests of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund.
Use of gifts.—
Personal property and money accepted under this subsection may be used by the Secretary, and services accepted under this subsection may be performed, without further specific authorization in law.
Expenses of transfer.—
The Secretary may pay all necessary expenses in connection with the conveyance or transfer of a gift accepted under this subsection.
Expenses of care.—
The Secretary may pay all reasonable and necessary expenses in connection with the care of a gift accepted under this subsection.
Regulations.—
In general.—
The Secretary of Defense shall prescribe regulations to implement this section.
Limitation.—
Such regulations shall provide that acceptance of a gift (including a gift of services) or use of a gift under this section may not occur if the nature or circumstances of the acceptance or use would compromise the integrity, or the appearance of integrity, of any program of the Department of Defense or any individual involved in such program.
Definitions.—
In this section:
Cooperative agreement.—
The term “cooperative agreement” means an authorized cooperative agreement as described in section 6305 of title 31.
Grant.—
The term “grant” means an authorized grant as described in section 6304 of title 31.
Gift.—
The term “gift” includes a devise or bequest.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 div. A title IX § 916(b) · 128 Stat. 3292
Enacted · 10 U.S.C. § 1501a
Added Pub. L. 113–291, div. A, title IX, § 916(b), Dec. 19, 2014, 128 Stat. 3477
Source evidence
Code source credit
Added Pub. L. 113–291, div. A, title IX, § 916(b), Dec. 19, 2014, 128 Stat. 3477Enacted provision · exact public law section
(b) Public-private Partnerships and Other Forms of Support.— Chapter 76 of such title is amended by inserting after section 1501 the following new section: “§ 1501a. Public-private partnerships; other forms of support “(a) Public-private Partnerships.— The Secretary of Defense may enter into arrangements known as public-private partnerships with appropriate entities outside the Government for the purposes of facilitating the activities of the designated Defense Agency. The Secretary may only partner with foreign governments or foreign entities with the concurrence of the Secretary of State. Any such arrangement shall be entered into in accordance with authorities provided under this section or any other authority otherwise available to the Secretary. Regulations prescribed under subsection (e)(1) shall include provisions for the establishment and implementation of such partnerships. “(b) Acceptance of Voluntary Personal Services.— The Secretary of Defense may accept voluntary services to facilitate accounting for missing persons in the same manner as the Secretary of a military department may accept such services under section 1588(a)(9) of this title. “(c) Cooperative Agreements and Grants.— “(1) In general.— The Secretary of Defense may enter into a cooperative agreement with, or make a grant to, a private entity for purposes related to support of the activities of the designated Defense Agency. “(2) Inapplicability of certain contract requirements.— Notwithstanding section 2304(k) of this title, the Secretary may enter such cooperative agreements or grants on a sole-source basis pursuant to section 2304(c)(5) of this title. “(d) Use of Department of Defense Personal Property.— The Secretary may allow a private entity to use, at no cost, personal property of the Department of Defense to assist the entity in supporting the activities of the designated Defense Agency. “(e) Regulations.— “(1) In general.— The Secretary of Defense shall prescribe regulations to implement this section. “(2) Limitation.— Such regulations shall provide that acceptance of a gift (including a gift of services) or use of a gift under this section may not occur if the nature or circumstances of the acceptance or use would compromise the integrity, or the appearance of integrity, of any program of the Department of Defense or any individual involved in such program. “(f) Definitions.— In this section: “(1) Cooperative agreement.— The term ‘cooperative agreement’ means an authorized cooperative agreement as described in section 6305 of title 31. “(2) Grant.— The term ‘grant’ means an authorized grant as described in section 6304 of title 31.” .John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 523(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 1501a(a)
Pub. L. 115–232, § 523(a), (c), substituted “subsection (f)(1)” for “subsection (e)(1)”
Inserted · 10 U.S.C. § 1501a(a)
Pub. L. 115–232, § 523(a), (c), inserted at end “An employee of an entity outside the Government that has entered into a public-private partnership, cooperative agreement, or a grant arrangement with, or in direct support of, the designated Defense Agency under this section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative agreement, or grant, only for the purposes of section 552a of title 5 (relating to maintenance of records on individuals).”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–232, § 523(a), (c), substituted “subsection (f)(1)” for “subsection (e)(1)” and inserted at end “An employee of an entity outside the Government that has entered into a public-private partnership, cooperative agreement, or a grant arrangement with, or in direct support of, the designated Defense Agency under this section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative agreement, or grant, only for the purposes of section 552a of title 5 (relating to maintenance of records on individuals).”Enacted provision · exact public law section
(a) Public-Private Partnerships.— Subsection (a) of section 1501a of title 10, United States Code, is amended by adding at the end the following new sentence: “An employee of an entity outside the Government that has entered into a public-private partnership, cooperative agreement, or a grant arrangement with, or in direct support of, the designated Defense Agency under this section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative agreement, or grant, only for the purposes of section 552a of title 5 (relating to maintenance of records on individuals).”.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 523(b)(1) · 132 Stat. 1636
Added · 10 U.S.C. § 1501a(e); 10 U.S.C. § 1501a(f)
Pub. L. 115–232, § 523(b)(1), (2), added subsec. (e)
Redesignated · 10 U.S.C. § 1501a(e); 10 U.S.C. § 1501a(f)
Pub. L. 115–232, § 523(b)(1), (2), redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g)
Source evidence
Code amendment note
Subsecs. (e), (f). Pub. L. 115–232, § 523(b)(1), (2), added subsec. (e) and redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).Enacted provision · exact public law section
(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 523(b)(1) · 132 Stat. 1636
Redesignated · 10 U.S.C. § 1501a(g)
Pub. L. 115–232, § 523(b)(1), (3), redesignated subsec. (f) as (g)
Added · 10 U.S.C. § 1501a(g)
Pub. L. 115–232, § 523(b)(1), (3), added par. (3)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 115–232, § 523(b)(1), (3), redesignated subsec. (f) as (g) and added par. (3).Enacted provision · exact public law section
(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1883(b)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 1501a(c)(2)
Pub. L. 116–283 substituted “3201(e) of this title” for “2304(k) of this title”
Substituted · 10 U.S.C. § 1501a(c)(2)
Pub. L. 116–283 substituted “3204(a)(5) of this title” for “2304(c)(5) of this title”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 116–283 substituted “3201(e) of this title” for “2304(k) of this title” and “3204(a)(5) of this title” for “2304(c)(5) of this title”.Enacted provision · exact public law section
* * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.Effective date note
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
9 of 9 references resolved to an enrolled provision
Editorial Notes
Amendments2018–2021 · 2 rounds
2021
Subsec. (c)(2). Pub. L. 116–283 substituted “3201(e) of this title” for “2304(k) of this title” and “3204(a)(5) of this title” for “2304(c)(5) of this title”.
2018
Subsec. (a). Pub. L. 115–232, § 523(a), (c), substituted “subsection (f)(1)” for “subsection (e)(1)” and inserted at end “An employee of an entity outside the Government that has entered into a public-private partnership, cooperative agreement, or a grant arrangement with, or in direct support of, the designated Defense Agency under this section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative agreement, or grant, only for the purposes of section 552a of title 5 (relating to maintenance of records on individuals).”
Subsecs. (e), (f). Pub. L. 115–232, § 523(b)(1), (2), added subsec. (e) and redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 115–232, § 523(b)(1), (3), redesignated subsec. (f) as (g) and added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Credits
2014–2021 · 3 acts
- 2014Added Pub. L. 113–291, div. A, title IX, § 916(b), , 128 Stat. 3477
- 2018amended Pub. L. 115–232, div. A, title V, § 523, , 132 Stat. 1756
- 2021Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), , 134 Stat. 4294.
Show as published
(Added Pub. L. 113–291, div. A, title IX, § 916(b), , 128 Stat. 3477; amended Pub. L. 115–232, div. A, title V, § 523, , 132 Stat. 1756; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), , 134 Stat. 4294.)