Skip to content

Title 10 — Armed Forces

Part V · Chapter 388 — Procurement Technical Assistance Cooperative Agreement Program

§ 4954. Cooperative agreements

Statutory text

(a)

Authority.—

The Secretary, in accordance with the provisions of this chapter, may enter into cooperative agreements with eligible entities to carry out the purposes of this chapter.

(b)

Agreements.—

(1)

Under any such cooperative agreement, the eligible entity shall agree to sponsor programs to furnish procurement technical assistance to business entities and the Secretary shall agree to defray not more than 75 percent of the eligible entity’s cost of furnishing such assistance under such programs, except that—

(A)

in the case of a program sponsored by such an entity that provides services solely in a distressed area, the Secretary may agree to furnish more than 75 percent, but not more than 85 percent, of such cost with respect to such program; and

(B)

in the case of a program sponsored by such an entity that provides assistance for covered small businesses pursuant to section 4959(b) of this title, the Secretary may agree to furnish the full cost of such assistance.

(2)

The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program.

(c)

Weight to Be Given Successful Past Performance.—

In conducting a competition for the award of a cooperative agreement under subsection (a), the Secretary shall give significant weight to successful past performance of eligible entities under a cooperative agreement under this section.

(d)

Determination of Level of Funding.—

In determining the level of funding to provide under an agreement under subsection (b), the Secretary shall consider the forecast by the eligible entity of demand for procurement technical assistance, and, in the case of an established program under this chapter, the outlays and receipts of such program during prior years of operation.

(e)

Association Recognition and Duties.—

Eligible entities that provide procurement technical assistance pursuant to this chapter may form an association to pursue matters of common concern. If more than a majority of such eligible entities are members of such an association, the Secretary shall—

(1)

recognize the existence and activities of such an association; and

(2)

jointly develop with such association a model cooperative agreement that may be used at the option of the Secretary and an eligible entity.

(f)

Waiver of Government Cost Share Restriction.—

If the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Secretary shall submit to the congressional defense committees a written justification for such determination.

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. Defense Procurement Reform Act of 1984

    Pub. L. 98–525 title XII § 1241(a)(1) · 98 Stat. 2492

    Enacted · 10 U.S.C. § 4954

    Added Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605, § 2413

    Source evidence

    Code source credit
    Added Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605, § 2413

    Enacted provision · exact public law section
    (1) Title 10, United States Code, is amended by inserting after chapter 141 the following new chapter: “CHAPTER 142— PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM “2411. Definitions. “2412. Purposes. “2413. Cooperative agreements. “2414. Limitation. “2415. Distribution. “2416. Regulations. “§ 2411. Definitions “In this chapter: “(1) ‘Eligible entity’ means a State (as defined in section 6302(5) of title 31), a local government (as defined in section 6302(2) of that title), or a private, nonprofit organization that enters into a cooperative agreement with the Secretary under this chapter to furnish procurement technical assistance to business entities and to defray at least one-half of the costs of furnishing such assistance. “(2) ‘Secretary’ means the Secretary of Defense acting through the Director of the Defense Logistics Agency. “§ 2412. Purposes “The purposes of the program authorized by this chapter are— “(1) to increase Department of Defense assistance for eligible entities furnishing procurement technical assistance to business entities; and “(2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs. “§ 2413. Cooperative agreements “(a) The Secretary may, in accordance with the provisions of this chapter, enter into cooperative agreements with eligible entities to carry out the purposes of this chapter. “(b) In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services region during each fiscal year. “§ 2414. Limitation “The value of the assistance furnished by the Department of Defense to any eligible entity to carry out a procurement technical assistance program pursuant to a cooperative agreement under this chapter during any fiscal year may not exceed $150,000. “§ 2415. Distribution “(a) (1) During a fiscal year specified in paragraph (2), the Secretary shall reserve the applicable percentage prescribed in paragraph (2), out of funds appropriated to carry out this chapter in such fiscal year, for the purpose of furnishing assistance pursuant to cooperative Ante, p. 2605. agreements entered into under section 2413 of this title with eligible entities which have carried out a procurement technical assistance program before such fiscal year. The Secretary may use the remainder of such funds during such fiscal year for the purpose of furnishing assistance pursuant to cooperative agreements entered into under such section with eligible entities which have not carried out a procurement technical assistance program before such fiscal year. “(2) For the purposes of paragraph (1), the applicable percentage during fiscal year 1985 is 50 percent and during fiscal year 1986 is 75 percent. “(b) During any fiscal year after fiscal year 1986, the Secretary shall allocate assistance under this chapter in accordance with such cooperative agreements as the Secretary enters into pursuant to section 2413 of this title. “§ 2416. Regulations “The Secretary of Defense shall prescribe regulations to carry out this chapter.”.

  2. Defense Procurement Improvement Act of 1985

    Pub. L. 99–145 title IX § 919(a) · 99 Stat. 583

    1. Amended · 10 U.S.C. § 4954

      Pub. L. 99–145 amended section generally

    2. Substituted · 10 U.S.C. § 4954

      Pub. L. 99–145 substituting “, in accordance with the provisions of this chapter, may enter” for “may, in accordance with the provisions of this chapter, enter” in subsec. (a)

    3. Added · 10 U.S.C. § 4954

      Pub. L. 99–145 adding subsec. (b)

    4. Redesignated · 10 U.S.C. § 4954

      Pub. L. 99–145 redesignating former subsec. (b) as (c)

    Source evidence

    Code amendment note
    Pub. L. 99–145 amended section generally, substituting “, in accordance with the provisions of this chapter, may enter” for “may, in accordance with the provisions of this chapter, enter” in subsec. (a), adding subsec. (b), and redesignating former subsec. (b) as (c).

    Enacted provision · exact public law section
    (a) Program Revisions.— Sections 2411 through 2414 of title 10, United States Code, are amended to read as follows: 98 Stat. 2605, 2606. 10 USC 2411. “§ 2411. Definitions “In this chapter: “(1) ‘Eligible entity’ means— “(A) a State (as defined in section 6302(5) of title 31); “(B) a local government (as defined in section 6302(2) of title 31); and “(C) a private, nonprofit organization. “(2) ‘Distressed entity’ means an eligible entity (within the meaning of paragraph (1)(B)) that— “(A) has a per capita income of 80 percent or less of the State average; or “(B) has an unemployment rate one percent greater than the national average for the most recent 24-month period for which statistics are available. “(3) ‘Secretary’ means the Secretary of Defense acting through the Director of the Defense Logistics Agency. “§ 2412. Purposes “The purposes of the program authorized by this chapter are— “(1) to increase assistance by the Department of Defense to eligible entities furnishing procurement technical assistance to business entities; and “(2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs. “§ 2413. Cooperative agreements “(a) The Secretary, in accordance with the provisions of this chapter, may enter into cooperative agreements with eligible entities to carry out the purposes of this chapter. “(b) Under any such cooperative agreement, the eligible entity shall agree to furnish procurement technical assistance to business entities and the Secretary shall agree to defray not more than one-half of the eligible entity’s cost of furnishing such assistance, except that in the case of an eligible entity that is a distressed entity, the Secretary may agree to furnish more than one-half, but not more than three-fourths, of such cost. “(c) In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services region during each fiscal year. “§ 2414. Limitation “The value of the assistance furnished by the Secretary to any eligible entity to carry out a procurement technical assistance program under a cooperative agreement under this chapter during any fiscal year may not exceed $150,000.”.

  3. Pub. L. 99–500 § 101(c)(tX)(s956)(b) · 100 Stat. 1783-82

    1. Amended · 10 U.S.C. § 4954(b)

      Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, as amended by Pub. L. 100–180

    2. Amended · 10 U.S.C. § 4954(b)

      Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, as amended subsec. (b) identically

    3. Inserted · 10 U.S.C. § 4954(b)

      Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, as inserting “sponsor programs to” after first reference to “agree to”, “under such programs” after “such assistance”, and “with respect to such program” after “such cost”

    4. Substituted · 10 U.S.C. § 4954(b)

      Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, as substituting “a program sponsored by such an entity that provides services solely in a distressed area” for “an eligible entity that is a distressed entity”

    Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, as amended by Pub. L. 100–180, amended subsec. (b) identically, inserting “sponsor programs to” after first reference to “agree to”, “under such programs” after “such assistance”, and “with respect to such program” after “such cost” and substituting “a program sponsored by such an entity that provides services solely in a distressed area” for “an eligible entity that is a distressed entity”.

  4. National Defense Authorization Act for Fiscal Years 1988 and 1989

    Pub. L. 100–180 div. A title XII § 1233(b) · 101 Stat. 1019

    Changed · 10 U.S.C. § 4954(b)

    Pub. L. 100–180 made technical amendment to directory language of Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661. See 1986 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–180 made technical amendment to directory language of Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661. See 1986 Amendment note below.

    Enacted provision · exact public law section
    (b) Correction of Ambiguous Reference.— Section 956(b)(1) of 10 USC 2413. the Defense Acquisition Improvement Act of 1986 (as contained in title IX of Public Law 99–661 and in title X of section 101(c) of Public Laws 99–500 and 99–591) is amended by inserting “the first place it appears” before the semicolon.

  5. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. A title VIII § 802(a)(1) · 112 Stat. 1920

    Substituted · 10 U.S.C. § 4954(c)

    Pub. L. 105–261 substituted “district” for “region”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–261 substituted “district” for “region”.

    Enacted provision · exact public law section
    (1) Section 2413(c) of title 10, United States Code, is amended by striking out “region” and inserting in lieu thereof “district”.

  6. Pub. L. 107–314 div. A title VIII § 814 · 116 Stat. 2458

    Added · 10 U.S.C. § 4954(d)

    Pub. L. 107–314 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–314 added subsec. (d).

    Enacted provision · exact public law section
    SEC. 814. PAST PERFORMANCE GIVEN SIGNIFICANT WEIGHT IN RENEWAL OF PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENTS. Section 2413 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) In conducting a competition for the award of a cooperative agreement under subsection (a), and in determining the level of funding to provide under an agreement under subsection (b), the Secretary shall give significant weight to successful past performance of eligible entities under a cooperative agreement under this section.”.

  7. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1612(a)(1) · 127 Stat. 672

    Substituted · 10 U.S.C. § 4954(b)

    Pub. L. 113–66, § 1612(a)(1), substituted “65 percent” for “one-half” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–66, § 1612(a)(1), substituted “65 percent” for “one-half” in introductory provisions.

    Enacted provision · exact public law section
    (1) by striking “one-half” both places it appears and inserting “65 percent”; and

  8. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1611(c)(1)(A) · 127 Stat. 672

    Substituted · 10 U.S.C. § 4954(b)

    Pub. L. 113–66, § 1611(c)(1)(A), (B), substituted “except that—

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–66, § 1611(c)(1)(A), (B), substituted “except that—

    “(1) in the case” for “except that in the case” and “; and” for period at end.

    Enacted provision · exact public law section
    (A) by striking “except that in the case” and inserting: “except that— “(1) in the case” ;

  9. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1612(a) · 127 Stat. 672

    1. Substituted · 10 U.S.C. § 4954(b)(1)

      Pub. L. 113–66, § 1612(a), substituted “65 percent” for “one-half”

    2. Substituted · 10 U.S.C. § 4954(b)(1)

      Pub. L. 113–66, § 1612(a), substituted “75 percent” for “three-fourths”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 113–66, § 1612(a), substituted “65 percent” for “one-half” and “75 percent” for “three-fourths”.

    Enacted provision · exact public law section
    (a) Increase in Government Share.— Section 2413(b) of title 10, United States Code, is amended— (1) by striking “one-half” both places it appears and inserting “65 percent”; and (2) by striking “three-fourths” and inserting “75 percent”.

  10. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1611(c)(1)(C) · 127 Stat. 672

    Added · 10 U.S.C. § 4954(b)(2)

    Pub. L. 113–66, § 1611(c)(1)(C), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 113–66, § 1611(c)(1)(C), added par. (2).

    Enacted provision · exact public law section
    (C) by adding at the end the following new paragraph: “(2) in the case of a program sponsored by such an entity that provides assistance for covered small businesses pursuant to section 2419(b) of this title, the Secretary may agree to furnish the full cost of such assistance.” .

  11. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1611(c)(3) · 127 Stat. 672

    Struck · 10 U.S.C. § 4954(d)

    Pub. L. 113–66, § 1611(c)(3), struck out “and in determining the level of funding to provide under an agreement under subsection (b),” after “subsection (a),”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 113–66, § 1611(c)(3), struck out “and in determining the level of funding to provide under an agreement under subsection (b),” after “subsection (a),”.

    Enacted provision · exact public law section
    (3) Conforming amendment.— Section 2413(d) of such title is amended by striking “and in determining the level of funding to provide under an agreement under subsection (b),”.

  12. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1611(c)(2) · 127 Stat. 672

    Added · 10 U.S.C. § 4954(e)

    Pub. L. 113–66, § 1611(c)(2), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–66, § 1611(c)(2), added subsec. (e).

    Enacted provision · exact public law section
    (2) Additional considerations.— Section 2413 of such title is further amended by adding at the end the following new subsection: “(e) In determining the level of funding to provide under an agreement under subsection (b), the Secretary shall consider the forecast by the eligible entity of demand for procurement technical assistance, and, in the case of an established program under this chapter, the outlays and receipts of such program during prior years of operation.” .

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

    Pub. L. 115–232 § 858(a)(1) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 4954(b)

    Pub. L. 115–232, § 858(a)(1), substituted “not more than 75 percent” for “not more than 65 percent” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–232, § 858(a)(1), substituted “not more than 75 percent” for “not more than 65 percent” in introductory provisions.

    Enacted provision · exact public law section
    (1) by striking “not more than 65 percent” and inserting “not more than 75 percent”; and

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

    Pub. L. 115–232 § 858(a)(2) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 4954(b)(1)

    Pub. L. 115–232, § 858(a)(2), substituted “more than 75 percent, but not more than 85 percent” for “more than 65 percent, but not more than 75 percent”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–232, § 858(a)(2), substituted “more than 75 percent, but not more than 85 percent” for “more than 65 percent, but not more than 75 percent”.

    Enacted provision · exact public law section
    (2) in paragraph (1), by striking “more than 65 percent, but not more than 75 percent” and inserting “more than 75 percent, but not more than 85 percent”.

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

    Pub. L. 116–283 § 1872(a)(5) · 134 Stat. 3388

    Amended · 10 U.S.C. § 4954

    Pub. L. 116–283, § 1872(a)(5), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(A)(i), renumbered section 2413 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1872(a)(5), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(A)(i), renumbered section 2413 of this title as this section.

    Enacted provision · exact public law section
    (5) Transfer of section 2413.— Section 2413 of title 10, United States Code, is transferred to chapter 385 of such title, as amended by paragraph (1), inserted after section 4951, redesignated as section 4952, and amended— (A) in subsection (a), by inserting “Authority.—” after “(a)”; (B) in subsection (b)— (i) by inserting “Agreements.—” before “Under any such” ; and (ii) by striking “section 2419(b)” in paragraph (2) and inserting “section 4957(b)”; (C) in subsection (c), by inserting “Distribution of Programs.—” after “(c)”; (D) in subsection (d), by inserting “Weight to Be Given Successful Past Performance.—” after “(d)”; and (E) in subsection (e), by inserting “Determination of Level of Funding.—” after “(e)”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

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

    Pub. L. 116–283 § 1872(a)(5)(A) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 4954(a)

    Pub. L. 116–283, § 1872(a)(5)(A), inserted heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 1872(a)(5)(A), inserted heading.

    Enacted provision · exact public law section
    (A) in subsection (a), by inserting “Authority.—” after “(a)”;

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

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

    Pub. L. 116–283 § 1872(a)(5)(B) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4954(b)

      Pub. L. 116–283, § 1872(a)(5)(B), as amended by Pub. L. 117–81, § 1701(m)(2)(A)(ii)

    2. Inserted · 10 U.S.C. § 4954(b)

      Pub. L. 116–283, § 1872(a)(5)(B), as inserted heading and, in par. (2)

    3. Substituted · 10 U.S.C. § 4954(b)

      Pub. L. 116–283, § 1872(a)(5)(B), as substituted “section 4959(b)” for “section 2419(b)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–283, § 1872(a)(5)(B), as amended by Pub. L. 117–81, § 1701(m)(2)(A)(ii), inserted heading and, in par. (2), substituted “section 4959(b)” for “section 2419(b)”.

    Enacted provision · exact public law section
    (B) in subsection (b)— (i) by inserting “Agreements.—” before “Under any such” ; and (ii) by striking “section 2419(b)” in paragraph (2) and inserting “section 4957(b)”;

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

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

    Pub. L. 116–283 § 1872(a)(5)(C) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 4954(c)(e)

    Pub. L. 116–283, § 1872(a)(5)(C)–(E), inserted heading

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 116–283, § 1872(a)(5)(C)–(E), inserted heading.

    Enacted provision · exact public law section
    (C) in subsection (c), by inserting “Distribution of Programs.—” after “(c)”;

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

  19. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. A title VIII § 854(b) · 136 Stat. 2395

    Added · 10 U.S.C. § 4954(f)

    Pub. L. 117–263 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 117–263 added subsec. (f).

    Enacted provision · exact public law section
    (b) Cooperative Agreements.— Section 4954 of title 10, United States Code, is amended by adding at the end the following new subsections: “(f) Association Recognition and Duties.— Eligible entities that provide procurement technical assistance pursuant to this chapter may form an association to pursue matters of common concern. If more than a majority of such eligible entities are members of such an association, the Secretary shall— “(1) recognize the existence and activities of such an association; and “(2) jointly develop with such association a model cooperative agreement that may be used at the option of the Secretary and an eligible entity.” .

  20. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 853(b)(1) · 137 Stat. 136

    1. Amended · 10 U.S.C. § 4954(b)

      Pub. L. 118–31, § 853(b)(1), designated existing provisions as par. (1)

    2. Redesignated · 10 U.S.C. § 4954(b)

      Pub. L. 118–31, § 853(b)(1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1)

    3. Added · 10 U.S.C. § 4954(b)

      Pub. L. 118–31, § 853(b)(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–31, § 853(b)(1), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

    Enacted provision · exact public law section
    (1) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (B) by inserting “(1)” before “Under”; and (C) by adding at the end the following new paragraph: “(2) The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program.” ;

  21. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 853(b)(2) · 137 Stat. 136

    1. Redesignated · 10 U.S.C. § 4954(c)(e)

      Pub. L. 118–31, § 853(b)(2), redesignated subsecs. (d) to (f) as (c) to (e), respectively

    2. Struck · 10 U.S.C. § 4954(c)(e)

      Pub. L. 118–31, § 853(b)(2), struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services district during each fiscal year.”

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 118–31, § 853(b)(2), redesignated subsecs. (d) to (f) as (c) to (e), respectively, and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services district during each fiscal year.”

    Enacted provision · exact public law section
    (2) by striking subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e); and

  22. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 853(b)(3) · 137 Stat. 136

    Redesignated · 10 U.S.C. § 4954(f)

    Pub. L. 118–31, § 853(b)(3), added subsec. (f). Former subsec. (f) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–31, § 853(b)(3), added subsec. (f). Former subsec. (f) redesignated (e).

    Enacted provision · exact public law section
    (3) by inserting after subsection (e), as redesignated by paragraph (2), the following new subsection: “(f) Waiver of Government Cost Share Restriction.— If the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Submission. Secretary shall submit to the congressional defense committees a written justification for such determination.” .

30 of 34 references resolved to an enrolled provision · 4 unresolved

Editorial Notes

Codification

Pub. L. 117–81, div. A, title XVII, § 1701(m)(2)(C), , 135 Stat. 2144, amended Pub. L. 116–283, § 1872(a)(7), which had originally transferred section 2415 of this title to this section. After amendment by Pub. L. 117–81, section 1872(a)(7) of Pub. L. 116–283 instead transferred section 2415 to section 4956 of this title.

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments1985–2023 · 10 rounds

2023

Subsec. (b). Pub. L. 118–31, § 853(b)(1), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

Subsecs. (c) to (e). Pub. L. 118–31, § 853(b)(2), redesignated subsecs. (d) to (f) as (c) to (e), respectively, and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services district during each fiscal year.”

Subsec. (f). Pub. L. 118–31, § 853(b)(3), added subsec. (f). Former subsec. (f) redesignated (e).

2022

Subsec. (f). Pub. L. 117–263 added subsec. (f).

2021

Pub. L. 116–283, § 1872(a)(5), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(A)(i), renumbered section 2413 of this title as this section.

Subsec. (a). Pub. L. 116–283, § 1872(a)(5)(A), inserted heading.

Subsec. (b). Pub. L. 116–283, § 1872(a)(5)(B), as amended by Pub. L. 117–81, § 1701(m)(2)(A)(ii), inserted heading and, in par. (2), substituted “section 4959(b)” for “section 2419(b)”.

Subsecs. (c) to (e). Pub. L. 116–283, § 1872(a)(5)(C)–(E), inserted heading.

2018

Subsec. (b). Pub. L. 115–232, § 858(a)(1), substituted “not more than 75 percent” for “not more than 65 percent” in introductory provisions.

Subsec. (b)(1). Pub. L. 115–232, § 858(a)(2), substituted “more than 75 percent, but not more than 85 percent” for “more than 65 percent, but not more than 75 percent”.

2013

Subsec. (b). Pub. L. 113–66, § 1612(a)(1), substituted “65 percent” for “one-half” in introductory provisions.

Pub. L. 113–66, § 1611(c)(1)(A), (B), substituted “except that—

“(1) in the case”

for “except that in the case” and “; and” for period at end.

Subsec. (b)(1). Pub. L. 113–66, § 1612(a), substituted “65 percent” for “one-half” and “75 percent” for “three-fourths”.

Subsec. (b)(2). Pub. L. 113–66, § 1611(c)(1)(C), added par. (2).

Subsec. (d). Pub. L. 113–66, § 1611(c)(3), struck out “and in determining the level of funding to provide under an agreement under subsection (b),” after “subsection (a),”.

Subsec. (e). Pub. L. 113–66, § 1611(c)(2), added subsec. (e).

2002

Subsec. (d). Pub. L. 107–314 added subsec. (d).

1998

Subsec. (c). Pub. L. 105–261 substituted “district” for “region”.

1987

Subsec. (b). Pub. L. 100–180 made technical amendment to directory language of Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661. See 1986 Amendment note below.

1986

Subsec. (b). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, as amended by Pub. L. 100–180, amended subsec. (b) identically, inserting “sponsor programs to” after first reference to “agree to”, “under such programs” after “such assistance”, and “with respect to such program” after “such cost” and substituting “a program sponsored by such an entity that provides services solely in a distressed area” for “an eligible entity that is a distressed entity”.

1985

Pub. L. 99–145 amended section generally, substituting “, in accordance with the provisions of this chapter, may enter” for “may, in accordance with the provisions of this chapter, enter” in subsec. (a), adding subsec. (b), and redesignating former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.

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.

Effective Date of 1987 Amendment

Pub. L. 100–180, div. A, title XII, § 1233(c)(2), , 101 Stat. 1161, provided that: “The amendment made by subsection (b) [amending Public Laws 99–500, 99–591, and 99–661 which amended this section] shall apply as if included in the enactment of Public Laws 99–500, 99–591, and 99–661.”

Effective Date of 1985 Amendment

Pub. L. 99–145, title IX, § 919(d), , 99 Stat. 693, provided that: “The amendments made by subsections (a) and (b) [amending this section, sections 4955 and 4956 of this title, and former sections 2411 and 2412 of this title] shall take effect on .”

Credits

1984–2023 · 12 acts
  1. 1984Added Pub. L. 98–525, title XII, § 1241(a)(1), , 98 Stat. 2605, § 2413
  2. 1985amended Pub. L. 99–145, title IX, § 919(a), , 99 Stat. 692
  3. 1986Pub. L. 99–500, § 101(c) [title X, § 956(b)], , 100 Stat. 1783–82, 1783–174, and Pub. L. 99–591, § 101(c) [title X, § 956(b)], , 100 Stat. 3341–82, 3341–174
  4. 1986Pub. L. 99–661, div. A, title IX, formerly title IV, § 956(b), , 100 Stat. 3954, renumbered title IX, Pub. L. 100–26, § 3(5), , 101 Stat. 273, and amended Pub. L. 100–180, div. A, title XII, § 1233(b), , 101 Stat. 1161
  5. 1998Pub. L. 105–261, div. A, title VIII, § 802(a)(1), , 112 Stat. 2081
  6. 2002Pub. L. 107–314, div. A, title VIII, § 814, , 116 Stat. 2610
  7. 2013Pub. L. 113–66, div. A, title XVI, §§ 1611(c), 1612(a), , 127 Stat. 947, 948
  8. 2018Pub. L. 115–232, div. A, title VIII, § 858(a), , 132 Stat. 1892
  9. 2021renumbered § 4954 and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(5), , 134 Stat. 4288
  10. 2021Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(A), , 135 Stat. 2135, 2144
  11. 2022Pub. L. 117–263, div. A, title VIII, § 854(b), , 136 Stat. 2722
  12. 2023Pub. L. 118–31, div. A, title VIII, § 853(b), , 137 Stat. 344.
Show as published

(Added Pub. L. 98–525, title XII, § 1241(a)(1), , 98 Stat. 2605, § 2413; amended Pub. L. 99–145, title IX, § 919(a), , 99 Stat. 692; Pub. L. 99–500, § 101(c) [title X, § 956(b)], , 100 Stat. 1783–82, 1783–174, and Pub. L. 99–591, § 101(c) [title X, § 956(b)], , 100 Stat. 3341–82, 3341–174; Pub. L. 99–661, div. A, title IX, formerly title IV, § 956(b), , 100 Stat. 3954, renumbered title IX, Pub. L. 100–26, § 3(5), , 101 Stat. 273, and amended Pub. L. 100–180, div. A, title XII, § 1233(b), , 101 Stat. 1161; Pub. L. 105–261, div. A, title VIII, § 802(a)(1), , 112 Stat. 2081; Pub. L. 107–314, div. A, title VIII, § 814, , 116 Stat. 2610; Pub. L. 113–66, div. A, title XVI, §§ 1611(c), 1612(a), , 127 Stat. 947, 948; Pub. L. 115–232, div. A, title VIII, § 858(a), , 132 Stat. 1892; renumbered § 4954 and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(5), , 134 Stat. 4288; Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(A), , 135 Stat. 2135, 2144; Pub. L. 117–263, div. A, title VIII, § 854(b), , 136 Stat. 2722; Pub. L. 118–31, div. A, title VIII, § 853(b), , 137 Stat. 344.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s4954