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10 U.S.C. § 3004 — Head of an agency
Federal law — U.S. Code and appendices · legal_authorities
In this part, the term “head of an agency” means the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security, and the Administrator of the National Aeronautics and Space Administration.
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Source file: Laws/federal/codes/united-states-code/title-10/section-3004-head-of-an-agency--5344d1cd85.md
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Source location: Title 10, Chapter 201, § 3004; chapter-201-definitions.md
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In this part, the term “head of an agency” means the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security, and the Administrator of the National Aeronautics and Space Administration.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 127; Pub. L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 85–861, § 1(43A), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 96–513, title V, § 511(74), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–369, div. B, title VII, § 2722(a), July 18, 1984, 98 Stat. 1186; Pub. L. 98–525, title XII, § 1211, Oct. 19, 1984, 98 Stat. 2589; Pub. L. 98–577, title V, § 504(b)(3), Oct. 30, 1984, 98 Stat. 3087; Pub. L. 99–661, div. A, title XIII, § 1343(a)(13), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–189, div. A, title VIII, § 853(b)(1), Nov. 29, 1989, 103 Stat. 1518; Pub. L. 102–25, title VII, § 701(d)(1), Apr. 6, 1991, 105 Stat. 113; Pub. L. 102–190, div. A, title VIII, § 805, Dec. 5, 1991, 105 Stat. 1417; Pub. L. 103–355, title I, § 1502, Oct. 13, 1994, 108 Stat. 3296; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(3), Feb. 10, 1996, 110 Stat. 672; Pub. L. 104–201, div. A, title VIII, §§ 805(a)(1), 807(a), Sept. 23, 1996, 110 Stat. 2605, 2606; Pub. L. 105–85, div. A, title VIII, § 803(b), Nov. 18, 1997, 111 Stat. 1832; Pub. L. 107–217, § 3(b)(2), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–350, § 5(b)(8), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 111–383, div. A, title VIII, § 866(g)(1), Jan. 7, 2011, 124 Stat. 4298; Pub. L. 113–291, div. A, title X, § 1071(a)(2), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 815(b), Nov. 25, 2015, 129 Stat. 896; Pub. L. 115–91, div. A, title II, § 221, Dec. 12, 2017, 131 Stat. 1333; Pub. L. 115–232, div. A, title VIII, § 836(c)(1), Aug. 13, 2018, 132 Stat. 1864; Pub. L. 116–283, div. A, title XVIII, § 1806(a)(5), (6), (b)(2)–(6
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is established in the Treasury of the United States a fund to be known as the “National Defense Sealift Fund”.
**(b) Administration of Fund.—** The Secretary of Defense shall administer the Fund consistent with the provisions of this section.
**(c) Fund Purposes.—**
(1) Funds in the National Defense Sealift Fund shall be available for obligation and expenditure only for the following purposes:
(A) Construction (including design of vessels), purchase, alteration, and conversion of Department of Defense sealift vessels.
(B) Operation, maintenance, and lease or charter of Department of Defense vessels for national defense purposes.
(C) Installation and maintenance of defense features for national defense purposes on privately owned and operated vessels that are constructed in the United States and documented under the laws of the United States.
(D) Expenses for maintaining the National Defense Reserve Fleet under [section 57100 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section57100&num=0&edition=prelim) and for the costs of acquisition of vessels for, and alteration and conversion of vessels in (or to be placed in), the fleet, but only for vessels built in United States shipyards.
(2) Funds in the National Defense Sealift Fund may be obligated or expended only in amounts authorized by law.
(3) Funds obligated and expended for a purpose set forth in subparagraph (B) of paragraph (1) may be derived only from funds deposited in the National Defense Sealift Fund pursuant to subsection (d)(1).
**(d) Deposits.—** There shall be deposited in the Fund the following:
(1) All funds appropriated to the Department of Defense for—
(A) construction (including design of vessels), purchase, alterat
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2218
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The head of an agency may enter into a contract for travel-related services that provides for the contractor to furnish services for both official travel and unofficial travel.
**(b) Credits, Discounts, Commissions, Fees.—**
(1) A contract entered into under this section may provide for credits, discounts, or commissions or other fees to accrue to the Department of Defense. The accrual and amounts of credits, discounts, or commissions or other fees may be determined on the basis of the volume (measured in the number or total amount of transactions or otherwise) of the travel-related sales that are made by the contractor under the contract.
(2) The evaluation factors applicable to offers for a contract under this section may include a factor that relates to the estimated aggregate value of any credits, discounts, commissions, or other fees that would accrue to the Department of Defense for the travel-related sales made under the contract.
(3) Commissions or fees received by the Department of Defense as a result of travel-related sales made under a contract entered into under this section shall be distributed as follows:
(A) For amounts relating to sales for official travel, credit to appropriations available for official travel for the fiscal year in which the amounts were charged.
(B) For amounts relating to sales for unofficial travel, deposit in nonappropriated fund accounts available for morale, welfare, and recreation programs.
**(c) Definitions.—** In this section:
(1) The term “head of an agency” has the meaning given that term in [section 3004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3004&num=0&edition=prelim).
(2) The term “official travel” means travel at the expense of the Feder
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2646
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contractual Action to Provide Time for Definitization of Contractual Terms, Specifications, and Price; Limitations on Obligation of Funds.—**
(1) **Terms for time for definitization to be included in contractual action.—** — A contracting officer of the Department of Defense may not enter into an undefinitized contractual action unless the contractual action provides for agreement upon contractual terms, specifications, and price by the earlier of—
(A) the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price; or
(B) the date on which the amount of funds obligated under the contractual action is equal to more than 50 percent of the negotiated overall ceiling price for the contractual action.
(2) **Limitation on obligation of funds before definitization.—**
(A) *50 percent limitation.—* — Except as provided in subparagraph (B), the contracting officer for an undefinitized contractual action may not obligate with respect to such contractual action an amount that is equal to more than 50 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action.
(B) *75 percent limitation when contractor submits qualifying proposal.—* — If a contractor submits a qualifying proposal (as defined in [section 3377(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3377/b&num=0&edition=prelim)) to definitize an undefinitized contractual action before an amount equal to more than 50 percent of the negotiated overall ceiling price is obligated on such action, the contracting officer for such action may not obligate with respect to such co
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3372
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense or the Secretary of a military department may engage in basic research, applied research, advanced research, and development projects that—
(1) are necessary to the responsibilities of such Secretary’s department in the field of research and development; and
(2) either—
(A) relate to weapon systems and other military needs; or
(B) are of potential interest to the Department of Defense.
**(b) Authorized Means.—** The Secretary of Defense or the Secretary of a military department may perform research and development projects—
(1) by contract, cooperative agreement, or grant, in accordance with chapter 63 of title 31;
(2) through one or more military departments;
(3) by using employees and consultants of the Department of Defense;
(4) by mutual agreement with the head of any other department or agency of the Federal Government;
(5) by transactions (other than contracts, cooperative agreements, and grants) entered into pursuant to section 4021 or 4022 of this title; or
(6) by purchases through procurement for experimental purposes pursuant to [section 4023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4023&num=0&edition=prelim).
**(c) Requirement of Potential Department of Defense Interest.—** Funds appropriated to the Department of Defense or to a military department may not be used to finance any research project or study unless the project or study is, in the opinion of the Secretary of Defense or the Secretary of that military department, respectively, of potential interest to the Department of Defense or to such military department, respectively.
**(d) Additional Provisions Applicable to Cooperative Agreements.—** Additional authorities, conditions, and requiremen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation on Use of Centers.—** Except as provided in subsection (b), the Secretary of Defense may not place work with a federally funded research and development center unless such work is within the purpose, mission, and general scope of effort of such center as established in the sponsoring agreement of the Department of Defense with such center.
**(b) Exception for Applied Scientific Research.—** This section does not apply to a federally funded research and development center that performs applied scientific research under laboratory conditions.
**(c) Limitation on Creation of New Centers.—**
(1) The head of an agency may not obligate or expend amounts appropriated to the Department of Defense for purposes of operating a federally funded research center that was not in existence before June 2, 1986, until—
(A) the head of the agency submits to Congress a report with respect to such center that describes the purpose, mission, and general scope of effort of the center; and
(B) a period of 60 days beginning on the date such report is received by Congress has elapsed.
(2) In this subsection, the term “head of an agency” has the meaning given such term in [section 3004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3004&num=0&edition=prelim).
**(d) Identification to Congress of FFRDC Workload Effort.—** After the close of a fiscal year, and not later than January 1 of the next year, the Secretary shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives a report setting forth the actual obligations and the actual man-years of effort expended at each federally funded r
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4126
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Federal law — U.S. Code and appendices · legal_authorities
**(a) When Noncompetitive Procedures May Be Used.—** An executive agency may use procedures other than competitive procedures only when—
(1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency;
(2) the executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals;
(3) it is necessary to award the contract to a particular source—
(A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization;
(B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a Federally funded research and development center;
(C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before a court, administrative tribunal, or agency, whether or not the expert is expected to testify; or
(D) to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify;
(4) the terms of an international agreement or treaty between the Federal Government and a foreign government or an international organization, or the written directions of a foreign government reimbursi
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3304
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Federal law — U.S. Code and appendices · legal_authorities
Page 2378
TITLE 10—ARMED FORCES
§ 3002
before ‘‘the workforce’’, par. (2) designation before ‘‘the
management’’, and par. (3) designation before ‘‘the
statutory,’’.
Subsec. (b). Pub. L. 116–283, § 1806(a)(3), redesignated
par. (3) of section 2545 of this title as subsec. (b) of this
section, inserted heading and realigned margin, sub-
stituted ‘‘In this part, the term’’ for ‘‘The term’’,
‘‘workforce;’’ for ‘‘workforce,’’, and ‘‘functions;’’ for
‘‘functions,’’, and inserted dash after ‘‘organization
that’’, par. (1) designation before ‘‘employs’’, par. (2)
designation before ‘‘carries out’’, and par. (3) designa-
tion before ‘‘focuses’’.
Subsec. (c). Pub. L. 116–283, § 1806(a)(4), as amended by
Pub. L. 117–81, § 1701(b)(1), added subsec. (c) consisting
of text of par. (1) of section 2545 of this title, inserted
heading, and substituted ‘‘In this section, the term’’ for
‘‘The term’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded 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 this section and Effective Date
note below.
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding this section.
§ 3002. Federal Acquisition Regulation
In this part, the term ‘‘Federal Acquisition
Regulation’’ means the Federal Acquisition Reg-
ulation issued pursuant to section 1303(a)(1) of
title 41.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1806(a)(1), (5), Jan. 1, 2021,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3004
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