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10 U.S.C. § 2302 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1806(d), Jan. 1, 2021, 134 Stat. 4155]

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2302 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1806(d), Jan. 1, 2021, 134 Stat. 4155]

### 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

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Source location: Title 10, Chapter [CHAPTER 137, § 2302; chapter-chapter-137-chapter-chapter-137.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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).

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10 U.S.C. § 10212 — Gratuitous services of officers: authority to accept

**(a)** Notwithstanding [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), the Secretary of Defense may accept the gratuitous services of an officer of a reserve component (other than an officer of the Army National Guard of the United States or the Air National Guard of the United States) in consultation upon matters relating to the armed forces. **(b)** Notwithstanding [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), the Secretary of a military department may accept the gratuitous services of an officer of a reserve component under the Secretary’s jurisdiction (other than an officer of the Army National Guard of the United States or the Air National Guard of the United States)— (1) in the furtherance of the enrollment, organization, and training of that officer’s reserve component or the Reserve Officers’ Training Corps; or (2) in consultation upon matters relating to the armed forces.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2216a — Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund

**(a) Establishment.—** There is established in the Treasury an account to be known as the “Joint Urgent Operational Needs Fund” (in this section referred to as the “Fund”). **(b) Elements.—** The Fund shall consist of the following: (1) Amounts appropriated to the Fund. (2) Amounts transferred to the Fund. (3) Any other amounts made available to the Fund by law. **(c) Use of Funds.—** (1) Amounts in the Fund shall be available to the Secretary of Defense for capabilities that are determined by the Secretary, pursuant to the review process required by Department of Defense Instruction 5000.81 (or any successor instruction), dated December 31, 2019, and titled “Urgent Capability Acquisition”, to be suitable for rapid fielding in response to urgent operational needs. (2) The Secretary shall establish a merit-based process for identifying equipment, supplies, services, training, and facilities suitable for funding through the Fund. (3) Nothing in this section shall be interpreted to require or enable any official of the Department of Defense to provide funding under this section pursuant to a congressional earmark, as defined in clause 9 of Rule XXI of the Rules of the House of Representatives, or a congressionally directed spending item, as defined in paragraph 5 of Rule XLIV of the Standing Rules of the Senate. **(d) Transfer Authority.—** (1) Amounts in the Fund may be transferred by the Secretary of Defense from the Fund to any of the following accounts of the Department of Defense to accomplish the purpose stated in subsection (c): (A) Operation and maintenance accounts. (B) Procurement accounts. (C) Research, development, test, and evaluation accounts. (2) Upon determination by the Secretary that all or part of the amounts transferred from the Fun

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3002 — Federal Acquisition Regulation

In this part, the term “Federal Acquisition Regulation” means the Federal Acquisition Regulation issued pursuant to [section 1303(a)(1) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1303/a/1&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3004 — Head of an agency

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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10 U.S.C. § 3011 — Definitions incorporated from title 41

In any chapter 137 legacy provision, the following terms have the meanings provided such terms in chapter 1 of title 41: (1) The term “procurement”. (2) The term “procurement system”. (3) The term “standards”. (4) The term “full and open competition”. (5) The term “responsible source”. (6) The term “item”. (7) The term “item of supply”. (8) The term “supplies”. (9) The term “commercial product”. (10) The term “commercial service”. (11) The term “nondevelopmental item”. (12) The term “commercial component”. (13) The term “component”.

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10 U.S.C. § 3012 — Competitive procedures

In this part, the term “competitive procedures” means procedures under which the head of an agency enters into a contract pursuant to full and open competition. Such term also includes— (1) procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40; (2) the competitive selection for award of science and technology proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of such proposals; (3) the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if— (A) participation in the program has been open to all responsible sources; and (B) orders and contracts under such program result in the best value to meet the needs of the United States; (4) procurements conducted in furtherance of section 15 of the Small Business Act ([15 U.S.C. 644](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)) as long as all responsible business concerns that are entitled to submit offers for such procurements are permitted to compete; and (5) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of the Small Business Act ([15 U.S.C. 638](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638&num=0&edition=prelim)).

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10 U.S.C. § 3013 — Technical data

In any chapter 137 legacy provision, the term “technical data” means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency. Such term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration.

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10 U.S.C. § 3014 — Nontraditional defense contractor

In this part, the term “nontraditional defense contractor”, with respect to a procurement or with respect to a transaction authorized under section 4021(a) or 4022 of this title, means an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by the Department of Defense for the procurement or transaction, any contract or subcontract for the Department of Defense that is subject to full coverage under the cost accounting standards prescribed pursuant to [section 1502 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1502&num=0&edition=prelim) and the regulations implementing such section.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3015 — Simplified acquisition threshold

In this part: (1) The term “simplified acquisition threshold” has the meaning provided that term in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim), except that, in the case of any contract to be awarded and performed, or purchase to be made, outside the United States in support of a contingency operation or a humanitarian or peacekeeping operation, the term means an amount equal to two times the amount specified for that term in such section. (2) The term “humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of a peacekeeping operation under chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing.

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