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10 U.S.C. § 2862 — Turn-key selection procedures

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

10 U.S.C. § 2862 — Turn-key selection procedures

**(a) Authority to Use for Certain Purposes.—** The Secretary concerned may use one-step turn-key selection procedures for the purpose of entering into a contract for any of the following purposes: (1) The construction of an authorized military construction project. (2) A repair project (as defined in [section 2811(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2811/e&num=0&edition=prelim)) with an approved cost equal to or less than $4,000,000.11 See Temporary Expansion of Authority for Use of One-Step Turn-Key Procedures for Repair Projects note below. (3) The construction of a facility as part of an authorized security assistance activity. **(b) Definitions.—** In this section: (1) The term “one-step turn-key selection procedures” means procedures used for the selection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed-price contract, both the design and construction of a facility using performance specifications supplied by the Secretary concerned. (2) The term “security assistance activity” means— (A) humanitarian and civic assistance authorized by sections 401 and 2561 of this title; (B) foreign disaster assistance authorized by [section 404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section404&num=0&edition=prelim); (C) foreign military construction sales authorized by section 29 of the Arms Export Control Act ([22 U.S.C. 2769](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2769&num=0&edition=prelim)); (D) foreign assistance authorized under sections 607 and 632 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2357](https://uscode.house.gov/view.xhtml

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Source location: Title 10, Chapter 169, § 2862; chapter-169-military-construction-and-military-family-housing.md

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

10 U.S.C. § 404 — Foreign disaster assistance

**(a) In General.—** The President may direct the Secretary of Defense to provide disaster assistance outside the United States to respond to manmade or natural disasters when necessary to prevent loss of lives or serious harm to the environment. **(b) Forms of Assistance.—** Assistance provided under this section may include transportation, supplies, services, and equipment. **(c) Notification Required.—** Not later than 48 hours after the commencement of disaster assistance activities to provide assistance under this section, the President shall transmit to Congress a report containing notification of the assistance provided, and proposed to be provided, under this section and a description of so much of the following as is then available: (1) The manmade or natural disaster for which disaster assistance is necessary. (2) The threat to human lives or the environment presented by the disaster. (3) The United States military personnel and material resources that are involved or expected to be involved. (4) The disaster assistance that is being provided or is expected to be provided by other nations or public or private relief organizations. (5) The anticipated duration of the disaster assistance activities. **(d) Organizing Policies and Programs.—** Amounts appropriated to the Department of Defense for any fiscal year for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) programs of the Department shall be available for organizing general policies and programs for disaster relief programs for disasters occurring outside the United States. **(e) Limitation on Transportation Assistance.—** Transportation services authorized under subsection (b) may be provided in response to a manmade or natural disaster to prevent serious harm to the environment, when huma

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

22 U.S.C. § 2769 — Foreign military construction sales

The President may sell design and construction services to any eligible foreign country or international organization if such country or international organization agrees to pay in United States dollars not less than the full cost to the United States Government of furnishing such services. Payment shall be made to the United States Government in advance of the performance of such services by officers or employees of the United States Government. The President may, without requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of design and construction services for sale under this section if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such time as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due.

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

22 U.S.C. § 2357 — Furnishing of services and commodities

**(a) Advance-of-funds or reimbursement basis** Whenever the President determines it to be consistent with and in furtherance of the purposes of subchapter I of this chapter and within the limitations of this chapter, any agency of the United States Government is authorized to furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries, international organizations, the American Red Cross, and voluntary nonprofit relief agencies registered with and approved by the Agency for International Development (including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available). Such advances or reimbursements may be credited to the currently applicable appropriation, account, or fund of the agency concerned and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used, under the following circumstances: (1) Advances or reimbursements which are received under this section within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered. (2) Advances or reimbursements received pursuant to agreements executed under this section in which reimbursement will not be completed within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered: Provided, That such agreements require the payment of interest at the current rate established pursuant to [section 635(b)(1)(B) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635/b/1/B&num=0&edition=prelim), and repayment of such principal and interest does not exceed a period of three years from the date of signing of th

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

10 U.S.C. § 2862 — Turn-key selection procedures

Page 2284 TITLE 10—ARMED FORCES § 2861 Pub. L. 102–136, § 122, Oct. 25, 1991, 105 Stat. 643. Pub. L. 99–500, § 101(k) [title I, § 121], Oct. 18, 1986, 100 Stat. 1783–287, 1783–293, and Pub. L. 99–591, § 101(k) [title I, § 121], Oct. 30, 1986, 100 Stat. 3341–287, 3341–293, as amended by Pub. L. 102–136, § 122, Oct. 25, 1991, 105 Stat. 643, provided that: ‘‘For Transfer by the Secretary of Defense to and from appropriations and funds not merged pursuant to subsection 1552(a)(1) of title 31 of the United States Code and available for obligation or expenditure during fiscal year 1987 or thereafter, for military construction or expenses of family housing for the military departments and Defense agencies, in order to maintain the budgeted level of operations for such appropriations and thereby eliminate substantial gains and losses to such appropriations caused by fluc- tuations in foreign currency exchange rates that vary substantially from those used in preparing budget sub- missions, an appropriation, to remain available until expended: Provided, That funds transferred from this appropriation shall be merged with and be available for the same purpose, and for the same time period, as the appropriation or fund to which transferred, and funds transferred to this appropriation shall be merged with, and available for the purpose of this appropriation until expended: Provided further, That transfers may be made from time to time from this appropriation to the extent the Secretary of Defense determines it may be necessary to do so to reflect downward fluctuations in the currency exchange rates from those used in pre- paring the budget submissions for such appropriations, but transfers shall be made from such appropriations to this appropriation to refl

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

22 U.S.C. § 2357 — Furnishing of services and commodities

Page 835 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2357 the exclusive remedy of the owner, except as provided in subsection (b) of this section, is to sue the United States Government for reason- able and entire compensation for such practice or disclosure in the district court of the United States for the district in which such owner is a resident, or in the United States Court of Fed- eral Claims, within six years after the cause of action arises. Any period during which the United States Government is in possession of a written claim under subsection (b) of this sec- tion before mailing a notice of denial of that claim does not count in computing the six years. In any such suit, the United States Government may plead any defense that may be pleaded by a private person in such an action. The last para- graph of section 1498(a) of title 28 shall apply to inventions and information covered by this sec- tion. (b) Settlement of claims Before suit against the United States Govern- ment has been instituted, the head of the agency of the United States Government concerned may settle and pay any claim arising under the cir- cumstances described in subsection (a) of this section. No claim may be paid under this sub- section unless the amount tendered is accepted by the claimant in full satisfaction. (c) Drug products manufactured outside the United States Funds appropriated pursuant to this chapter shall not be expended by the United States Gov- ernment for the acquisition of any drug product or pharmaceutical product manufactured out- side the United States if the manufacture of such drug product or pharmaceutical product in the United States would involve the use of, or be covered by, an unexpired patent of the United States which has not previ

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

22 U.S.C. § 2769 — Foreign military construction sales

Page 1226 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2767a paragraph (2) given the risks identified in the assess- ment under paragraph (1). ‘‘(4) A listing of which, if any, requirements associ- ated with the oversight and management of a major defense acquisition program (as prescribed under De- partment of Defense Instruction 5000.02 or related au- thorities) will be waived, or in any way modified, in carrying out the development contract to be entered into under [subsection] (a)(1), and a full explanation why such requirements need to be waived or modi- fied. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘engineering and manufacturing de- velopment’ has the meaning given that term in De- partment of Defense Instruction 5000.02. ‘‘(2) The term ‘major weapon system’ has the mean- ing given that term in section 2379(f) of title 10, United States Code [now 10 U.S.C. 3455(f)].’’ [Pub. L. 116–92, § 902(84), which directed the amend- ment of section 836(a)(2) of Pub. L. 112–81, set out above, by substituting ‘‘the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,’’ for ‘‘the Under Secretary of Defense for Acquisition, Tech- nology, and Logistics, the Assistant Secretary of De- fense for Research,’’, was executed by making the sub- stitution for ‘‘the Under Secretary of Defense for Ac- quisition, Technology, and Logistics, the Assistant Secretary of Defense for Research and Engineering,’’ to reflect the probable intent of Congress.] Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of the President under this section, with certain conditions, see section 1(f) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this

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