§ 4508. Contractor performance of acquisition functions closely associated with inherently governmental functions

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. 2004

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

   Pub. L. 108–375 div. A title VIII § 804(a)(1) · 118 Stat. 1811

   Enacted · 10 U.S.C. § 4508

   Added Pub. L. 108–375, div. A, title VIII, § 804(a)(1), Oct. 28, 2004, 118 Stat. 2007, § 2383

   Source evidence

   Code source credit
   Added Pub. L. 108–375, div. A, title VIII, § 804(a)(1), Oct. 28, 2004, 118 Stat. 2007, § 2383

   Enacted provision · exact public law section
   (1) Chapter 141 of title 10, United States Code, is amended by inserting after section 2382 the following new section: “§ 2383. Contractor performance of acquisition functions closely associated with inherently governmental functions “(a) Limitation.— The head of an agency may enter into a contract for the performance of acquisition functions closely associated with inherently governmental functions only if the contracting officer for the contract ensures that— “(1) appropriate military or civilian personnel of the Department of Defense cannot reasonably be made available to perform the functions; “(2) appropriate military or civilian personnel of the Department of Defense are— “(A) to supervise contractor performance of the contract; and “(B) to perform all inherently governmental functions associated with the functions to be performed under the contract; and “(3) the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract, consistent with subpart 9.5 of part 9 of the Federal Acquisition Regulation and the best interests of the Department of Defense. “(b) Definitions.— In this section: “(1) The term ‘head of an agency’ has the meaning given such term in section 2302(1) of this title, except that such term does not include the Secretary of Homeland Security or the Administrator of the National Oceanic and Atmospheric Administration. “(2) The term ‘inherently governmental functions’ has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation. “(3) The term ‘functions closely associated with inherently governmental functions’ means the functions described in section 7.503(d) of the Federal Acquisition Regulation. “(4) The term ‘organizational conflict of interest’ has the meaning given such term in subpart 9.5 of part 9 of the Federal Acquisition Regulation.” .

2. 2021

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

   Pub. L. 116–283 div. A title XVIII § 1856(g) · 134 Stat. 3388

   Changed · 10 U.S.C. § 4508

   Pub. L. 116–283 renumbered section 2383 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283 renumbered section 2383 of this title as this section.

   Enacted provision · exact public law section
   (g) Transfer of Sections 2330a, 2329, 2331, 2383, and 2410l of Title 10.— Sections 2330a, 2329, 2331, 2383, and 2410l of title 10, United States Code, are transferred to chapter 341 of such title, inserted (in that order) after section 4502, as designated by subsection (c), and redesignated as sections 4505, 4506, 4507, 4508, and 4509, respectively.

   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.

3. 2021

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

   Pub. L. 116–283 § 1856(i) · 134 Stat. 3388

   Struck · 10 U.S.C. § 4508(b)(1)

   Pub. L. 116–283, § 1856(i), which directed striking out “has the meaning given in section 2302(1) of this title, except that such term”, was executed by striking out “has the meaning given such term in section 2302(1) of this title, except that such term” before “does not include”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 116–283, § 1856(i), which directed striking out “has the meaning given in section 2302(1) of this title, except that such term”, was executed by striking out “has the meaning given such term in section 2302(1) of this title, except that such term” before “does not include”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (i) Conforming Amendment for Defined Term Applicable to Section.— Subsection (b)(1) of section 4508 of title 10, United States Code, as transferred and redesignated by subsection (g), is amended by striking “has the meaning given in section 2302(1) of this title, except that such term”.

   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.

3 of 3 references resolved to an enrolled provision