§ 2474. Centers of Industrial and Technical Excellence: designation; public-private partnerships

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.

1. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title III § 361(a)(1) · 111 Stat. 1629

   Enacted · 10 U.S.C. § 2474

   Added Pub. L. 105–85, div. A, title III, § 361(a)(1), Nov. 18, 1997, 111 Stat. 1700

   Source evidence

   Code source credit
   Added Pub. L. 105–85, div. A, title III, § 361(a)(1), Nov. 18, 1997, 111 Stat. 1700

   Enacted provision · exact public law section
   (1) Chapter 146 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2474. Centers of Industrial and Technical Excellence: designation; public-private partnerships “(a) Designation.— (1) The Secretary of Defense shall designate each depot-level activity of the military departments and the Defense Agencies (other than facilities approved for closure or major realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)) as a Center of Industrial and Technical Excellence in the recognized core competencies of the activity. “(2) The Secretary shall establish a policy to encourage the Secretary of each military department and the head of each Defense Agency to reengineer industrial processes and adopt best-business practices at their depot-level activities in connection with their core competency requirements, so as to serve as recognized leaders in their core competencies throughout the Department of Defense and in the national technology and industrial base (as defined in section 2500(1) of this title). “(3) The Secretary of a military department may conduct a pilot program, consistent with applicable requirements of law, to test any practices referred to in paragraph (2) that the Secretary determines could improve the efficiency and effectiveness of depot-level operations, improve the support provided by depot-level activities for the armed forces user of the services of such activities, and enhance readiness by reducing the time that it takes to repair equipment. “(b) Public-Private Partnerships.— The Secretary of Defense shall enable Centers of Industrial and Technical Excellence to enter into public-private cooperative arrangements for the performance of depot-level maintenance and repair at such Centers and shall encourage the use of such arrangements to maximize the utilization of the capacity at such Centers. A public-private cooperative arrangement under this subsection shall be known as a ‘public-private partnership’. “(c) Crediting of Amounts for Performance.— Amounts received by a Center for work performed under a public-private partnership shall be credited to the appropriation or fund, including a working-capital fund, that incurs the cost of performing the work. “(d) Additional Work.— The policy required under subsection (a) shall include measures to enable a private sector entity that enters into a partnership arrangement under subsection (b) or leases excess equipment and facilities at a Center of Industrial and Technical Excellence pursuant to section 2471 of this title to perform additional work at the Center, subject to the limitations outlined in subsection (b) of such section, outside of the types of work normally assigned to the Center.”.

2. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   1. Substituted · 10 U.S.C. § 2474(a)(1)

      Pub. L. 106–398, § 1 [[div. A], title III, § 341(a)(1)], substituted “The Secretary concerned, or the Secretary of Defense in the case of a Defense Agency,” for “The Secretary of Defense”

   2. Substituted · 10 U.S.C. § 2474(a)(1)

      Pub. L. 106–398, § 1 [[div. A], title III, § 341(a)(1)], substituted “of the designee” for “of the activity”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 106–398, § 1 [[div. A], title III, § 341(a)(1)], substituted “The Secretary concerned, or the Secretary of Defense in the case of a Defense Agency,” for “The Secretary of Defense” and “of the designee” for “of the activity”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

3. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   1. Inserted · 10 U.S.C. § 2474(a)(2)

      Pub. L. 106–398, § 1 [[div. A], title III, § 341(a)(2)], inserted “of Defense” after “The Secretary”

   2. Substituted · 10 U.S.C. § 2474(a)(2)

      Pub. L. 106–398, § 1 [[div. A], title III, § 341(a)(2)], substituted “Centers of Industrial and Technical Excellence” for “depot-level activities”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 106–398, § 1 [[div. A], title III, § 341(a)(2)], inserted “of Defense” after “The Secretary” and substituted “Centers of Industrial and Technical Excellence” for “depot-level activities”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

4. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   1. Substituted · 10 U.S.C. § 2474(a)(3)

      Pub. L. 106–398, § 1 [[div. A], title III, § 341(a)(3)], substituted “operations at Centers of Industrial and Technical Excellence” for “depot-level operations”

   2. Substituted · 10 U.S.C. § 2474(a)(3)

      Pub. L. 106–398, § 1 [[div. A], title III, § 341(a)(3)], substituted “by the Centers” for “by depot-level activities”

   3. Substituted · 10 U.S.C. § 2474(a)(3)

      Pub. L. 106–398, § 1 [[div. A], title III, § 341(a)(3)], substituted “of the Centers” for “of such activities”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 106–398, § 1 [[div. A], title III, § 341(a)(3)], substituted “operations at Centers of Industrial and Technical Excellence” for “depot-level operations”, “by the Centers” for “by depot-level activities”, and “of the Centers” for “of such activities”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

5. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Amended · 10 U.S.C. § 2474(b)

   Pub. L. 106–398, § 1 [[div. A], title III, § 341(b)], amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary of Defense shall enable Centers of Industrial and Technical Excellence to enter into public-private cooperative arrangements for the performance of depot-level maintenance and repair at such Centers and shall encourage the use of such arrangements to maximize the utilization of the capacity at such Centers. A public-private cooperative arrangement under this subsection shall be known as a ‘public-private partnership’.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title III, § 341(b)], amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary of Defense shall enable Centers of Industrial and Technical Excellence to enter into public-private cooperative arrangements for the performance of depot-level maintenance and repair at such Centers and shall encourage the use of such arrangements to maximize the utilization of the capacity at such Centers. A public-private cooperative arrangement under this subsection shall be known as a ‘public-private partnership’.”

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

6. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Redesignated · 10 U.S.C. § 2474(c)

   Pub. L. 106–398, § 1 [[div. A], title III, § 341(c)(3)], added subsec. (c). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title III, § 341(c)(3)], added subsec. (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

7. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Inserted · 10 U.S.C. § 2474(d)

   Pub. L. 106–398, § 1 [[div. A], title III, § 341(d)], inserted at end “Consideration in the form of rental payments or (notwithstanding section 3302(b) of title 31) in other forms may be accepted for a use of property accountable under a contract performed pursuant to this section. Notwithstanding section 2667(d) of this title, revenues generated pursuant to this section shall be available for facility operations, maintenance, and environmental restoration at the Center where the leased property is located.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title III, § 341(d)], inserted at end “Consideration in the form of rental payments or (notwithstanding section 3302(b) of title 31) in other forms may be accepted for a use of property accountable under a contract performed pursuant to this section. Notwithstanding section 2667(d) of this title, revenues generated pursuant to this section shall be available for facility operations, maintenance, and environmental restoration at the Center where the leased property is located.”

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

8. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   1. Redesignated · 10 U.S.C. § 2474(d)

      Pub. L. 106–398, § 1 [[div. A], title III, § 341(c)(1), (2)], redesignated subsec. (c) as (d)

   2. Struck · 10 U.S.C. § 2474(d)

      Pub. L. 106–398, § 1 [[div. A], title III, § 341(c)(1), (2)], struck out heading and text of former subsec. (d). Text read as follows: “The policy required under subsection (a) shall include measures to enable a private sector entity that enters into a partnership arrangement under subsection (b) or leases excess equipment and facilities at a Center of Industrial and Technical Excellence pursuant to section 2471 of this title to perform additional work at the Center, subject to the limitations outlined in subsection (b) of such section, outside of the types of work normally assigned to the Center.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–398, § 1 [[div. A], title III, § 341(c)(1), (2)], redesignated subsec. (c) as (d) and struck out heading and text of former subsec. (d). Text read as follows: “The policy required under subsection (a) shall include measures to enable a private sector entity that enters into a partnership arrangement under subsection (b) or leases excess equipment and facilities at a Center of Industrial and Technical Excellence pursuant to section 2471 of this title to perform additional work at the Center, subject to the limitations outlined in subsection (b) of such section, outside of the types of work normally assigned to the Center.”

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

9. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Added · 10 U.S.C. § 2474(e); 10 U.S.C. § 2474(f)

   Pub. L. 106–398, § 1 [[div. A], title III, § 341(e)], added subsecs. (e) and (f)

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 106–398, § 1 [[div. A], title III, § 341(e)], added subsecs. (e) and (f).

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

10. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 343(b) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 2474(e)(2)(B)(i)

    Pub. L. 107–107, § 343(b), substituted “under the circumstances described in section 2563(c)(3) of this title” for “in a case of willful conduct or gross negligence”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(B)(i). Pub. L. 107–107, § 343(b), substituted “under the circumstances described in section 2563(c)(3) of this title” for “in a case of willful conduct or gross negligence”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 2474(e)(2)(B)(i) of such title is amended by striking “in a case of willful conduct or gross negligence” and inserting “under the circumstances described in section 2563(c)(3) of this title”.

11. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 342 · 115 Stat. 1012

    1. Added · 10 U.S.C. § 2474(f); 10 U.S.C. § 2474(g)

       Pub. L. 107–107, § 342, added subsec. (f)

    2. Redesignated · 10 U.S.C. § 2474(f); 10 U.S.C. § 2474(g)

       Pub. L. 107–107, § 342, redesignated former subsec. (f) as (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 107–107, § 342, added subsec. (f) and redesignated former subsec. (f) as (g).

    Enacted provision · exact public law section
    SEC. 342. EXCLUSION OF CERTAIN EXPENDITURES FROM LIMITATION ON PRIVATE SECTOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE. Section 2474 of title 10, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): “(f) Exclusion of Certain Expenditures From Percentage limitation.— (1) Amounts expended out of funds described in paragraph (2) for the performance of a depot-level maintenance and repair workload by non-Federal Government personnel at a Center of Industrial and Technical Excellence shall not be counted for purposes of applying the percentage limitation in section 2466(a) of this title if the personnel are provided by private industry or other entities outside the Department of Defense pursuant to a public-private partnership. “(2) The funds referred to in paragraph (1) are funds available to the military departments and Defense Agencies for depot-level maintenance and repair workloads for fiscal years 2002 through 2005. “(3) All funds covered by paragraph (1) shall be included as a separate item in the reports required under paragraphs (1), (2), and (3) of section 2466(e) of this title.”.

12. 2002

    Pub. L. 107–314 § 334(1) · 116 Stat. 2458

    Substituted · 10 U.S.C. § 2474(f)(1)

    Pub. L. 107–314, § 334(1), substituted “Amounts expended for the performance of a depot-level maintenance and repair workload by non-Federal Government personnel at a Center of Industrial and Technical Excellence under any contract entered into during fiscal years 2003 through 2006” for “Amounts expended out of funds described in paragraph (2) for the performance of a depot-level maintenance and repair workload by non-Federal Government personnel at a Center of Industrial and Technical Excellence”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 107–314, § 334(1), substituted “Amounts expended for the performance of a depot-level maintenance and repair workload by non-Federal Government personnel at a Center of Industrial and Technical Excellence under any contract entered into during fiscal years 2003 through 2006” for “Amounts expended out of funds described in paragraph (2) for the performance of a depot-level maintenance and repair workload by non-Federal Government personnel at a Center of Industrial and Technical Excellence”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “Amounts expended out of funds described in paragraph (2) for the performance of a depot-level maintenance and repair workload by non-Federal Government personnel at a Center of Industrial and Technical Excellence” and inserting “Amounts expended for the performance of a depot-level maintenance and repair workload by non-Federal Government personnel at a Center of Industrial and Technical Excellence under any contract entered into during fiscal years 2003 through 2006”;

13. 2002

    Pub. L. 107–314 § 334(2) · 116 Stat. 2458

    1. Redesignated · 10 U.S.C. § 2474(f)(2); 10 U.S.C. § 2474(f)(3)

       Pub. L. 107–314, § 334(2), (3), redesignated par. (3) as (2)

    2. Struck · 10 U.S.C. § 2474(f)(2); 10 U.S.C. § 2474(f)(3)

       Pub. L. 107–314, § 334(2), (3), struck out former par. (2) which read as follows: “The funds referred to in paragraph (1) are funds available to the military departments and Defense Agencies for depot-level maintenance and repair workloads for fiscal years 2002 through 2005.”

    Source evidence

    Code amendment note
    Subsec. (f)(2), (3). Pub. L. 107–314, § 334(2), (3), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “The funds referred to in paragraph (1) are funds available to the military departments and Defense Agencies for depot-level maintenance and repair workloads for fiscal years 2002 through 2005.”

    Enacted provision · exact public law section
    (2) by striking paragraph (2); and

14. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 323 · 118 Stat. 1811

    Substituted · 10 U.S.C. § 2474(f)(1)

    Pub. L. 108–375, § 323, substituted “through 2009” for “through 2006”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 108–375, § 323, substituted “through 2009” for “through 2006”.

    Enacted provision · exact public law section
    SEC. 323. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN EXPENDITURES INCURRED IN OPERATION OF CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.   Section 2474(f)(1) of title 10, United States Code, is amended by striking “through 2006” and inserting “through 2009”.

15. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 1084(d)(20) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 2474(f)(2)

    Pub. L. 108–375, § 1084(d)(20), substituted “section 2466(d)” for “section 2466(e)”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 108–375, § 1084(d)(20), substituted “section 2466(d)” for “section 2466(e)”.

    Enacted provision · exact public law section
    (20) Section 2474(f)(2) is amended by striking “section 2466(e)” and inserting “section 2466(d)”.

16. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title III § 331(a) · 120 Stat. 2083

    Struck · 10 U.S.C. § 2474(f)

    Pub. L. 109–364 struck out “(1)” before “Amounts”, “entered into during fiscal years 2003 through 2009” before “shall not be counted”, and par. (2) which read as follows: “All funds covered by paragraph (1) shall be included as a separate item in the reports required under paragraphs (1), (2), and (3) of section 2466(d) of this title.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–364 struck out “(1)” before “Amounts”, “entered into during fiscal years 2003 through 2009” before “shall not be counted”, and par. (2) which read as follows: “All funds covered by paragraph (1) shall be included as a separate item in the reports required under paragraphs (1), (2), and (3) of section 2466(d) of this title.”

    Enacted provision · exact public law section
    (a) Permanent Exclusion.— Section 2474(f) of title 10, United States Code, is amended— (1) by striking “(1) Amounts” and inserting “Amounts”; (2) by striking “entered into during fiscal years 2003 through 2009”; and (3) by striking paragraph (2).

17. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 div. A title III § 322 · 125 Stat. 1298

    Inserted · 10 U.S.C. § 2474(a)(1)

    Pub. L. 112–81 inserted “or military arsenal facility” after “depot-level activity”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 112–81 inserted “or military arsenal facility” after “depot-level activity”.

    Enacted provision · exact public law section
    SEC. 322. DESIGNATION OF MILITARY ARSENAL FACILITIES AS CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.   Section 2474(a)(1) of title 10, United States Code, is amended by inserting “or military arsenal facility” after “depot-level activity”.

18. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title X § 1076(d)(4) · 126 Stat. 1632

    Substituted · 10 U.S.C. § 2474(d)

    Pub. L. 112–239 substituted “section 2667(e)” for “section 2667(d)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 112–239 substituted “section 2667(e)” for “section 2667(d)”.

    Enacted provision · exact public law section
    (4) Section 2474(d) is amended by striking “section 2667(d)” and inserting “section 2667(e)”.

19. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 2474(b)(3)

    Pub. L. 115–232 substituted “section 7555” for “section 4555”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 115–232 substituted “section 7555” for “section 4555”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

20. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1866(d)(2) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 2474(a)(2)

    Pub. L. 116–283 substituted “section 4801(1)” for “section 2500(1)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 116–283 substituted “section 4801(1)” for “section 2500(1)”.

    Enacted provision · exact public law section
    (2) Section 2474(a)(2) of title 10, United States Code, is amended by striking “section 2500(1)” and inserting “section 4801(1)”.

    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.

27 of 27 references resolved to an enrolled provision