10 U.S.C. § 4956 — Distribution

Page 2932 TITLE 10—ARMED FORCES § 4956 may expend an amount of such income, not to exceed 25 percent of the cost of furnishing pro- curement technical assistance in such speci- fied fiscal year, during the fiscal year fol- lowing such specified fiscal year, to carry out a procurement technical assistance program funded under this chapter. (2) An eligible entity that does not enter into a cooperative agreement with the Sec- retary for a fiscal year— (A) shall notify the Secretary of the amount of any income the eligible entity carried over from the previous fiscal year; and (B) may retain an amount of such income equal to 10 percent of the value of assistance furnished by the Secretary under this sec- tion during the previous fiscal year. (3) In determining the value of assistance furnished by the Secretary under this section for any fiscal year, the Secretary shall ac- count for the amount of any income the eligi- ble entity carried over from the previous fiscal year. (Added Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2606, § 2414; amended Pub. L. 99–145, title IX, § 919(a), Nov. 8, 1985, 99 Stat. 692; Pub. L. 100–456, div. A, title VIII, § 841(a), Sept. 29, 1988, 102 Stat. 2025; Pub. L. 101–189, div. A, title VIII, § 819(c), Nov. 29, 1989, 103 Stat. 1503; Pub. L. 102–25, title VII, § 701(f)(7), Apr. 6, 1991, 105 Stat. 115; Pub. L. 107–107, div. A, title VIII, § 813, Dec. 28, 2001, 115 Stat. 1181; Pub. L. 107–314, div. A, title VIII, § 815, Dec. 2, 2002, 116 Stat. 2610; Pub. L. 109–163, div. A, title VIII, § 824, Jan. 6, 2006, 119 Stat. 3387; Pub. L. 113–66, div. A, title XVI, §§ 1611(b), § 1612(b), Dec. 26, 2013, 127 Stat. 947, 948; Pub. L. 115–91, div. A, title VIII, § 817, Dec. 12, 2017, 131 Stat. 1462; Pub. L. 115–232, div. A, title VIII, § 858(b), title X, § 1081(a)(24)(A), Aug. 13, 2018, 132 Stat. 1892, 1984; renumbered § 4955 and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(6), Jan. 1, 2021, 134 Stat. 4288; Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(B), Dec. 27, 2021, 135 Stat. 2135, 2144; Pub. L. 117–263, div. A, title VIII, § 854(d), Dec. 23, 2022, 136 Stat. 2723.) Editorial Notes CODIFICATION Pub. L. 117–81, div. A, title XVII, § 1701(m)(2)(D), Dec. 27, 2021, 135 Stat. 2145, amended Pub. L. 116–283, § 1872(a)(8), which had originally transferred section 2416 of this title to this section. After amendment by Pub. L. 117–81, section 1872(a)(8) of Pub. L. 116–283 in- stead transferred section 2416 to section 4957 of this title. AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–263 substituted ‘‘$1,500,000’’ for ‘‘$1,000,000’’. 2021—Pub. L. 116–283, § 1872(a)(6), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(B)(i), (ii), renumbered sec- tion 2414 of this title as this section. Subsec. (a)(1), (2). Pub. L. 116–283, § 1872(a)(6)(A), sub- stituted ‘‘paragraph’’ for ‘‘clause’’. Subsecs. (a)(3), (4), (b). Pub. L. 116–283, § 1872(a)(6)(B), as amended by Pub. L. 117–81, § 1701(m)(2)(B)(iii), sub- stituted ‘‘section 4951(1)(D)’’ for ‘‘section 2411(1)(D)’’. Subsec. (c). Pub. L. 116–283, § 1872(a)(6)(C), as amended by Pub. L. 117–81, § 1701(m)(2)(B)(iv), substituted ‘‘sec- tion 4959(b)’’ for ‘‘section 2419(b)’’. 2018—Pub. L. 115–232, § 1081(a)(24)(A), substituted ‘‘Funding’’ for ‘‘FUNDING’’ in section catchline. Subsec. (a)(1). Pub. L. 115–232, § 858(b)(1), substituted ‘‘$1,000,000’’ for ‘‘$750,000’’. Subsec. (a)(2). Pub. L. 115–232, § 858(b)(2), substituted ‘‘$750,000’’ for ‘‘$450,000’’. Subsec. (a)(3). Pub. L. 115–232, § 858(b)(3), substituted ‘‘$450,000’’ for ‘‘$300,000’’. Subsec. (a)(4). Pub. L. 115–232, § 858(b)(4), substituted ‘‘$1,000,000’’ for ‘‘$750,000’’. 2017—Pub. L. 115–91, § 817(1), which directed substi- tution of ‘‘FUNDING’’ for ‘‘LIMITATION’’ in section catchline, was executed by making the substitution for ‘‘Limitation’’ in section catchline, to reflect the prob- able intent of Congress. Subsec. (d). Pub. L. 115–91, § 817(2), added subsec. (d). 2013—Subsec. (a). Pub. L. 113–66, § 1611(b)(1), sub- stituted ‘‘Except as provided in subsection (c), the value’’ for ‘‘The value’’ in introductory provisions. Subsec. (a)(1). Pub. L. 113–66, § 1612(b)(1), substituted ‘‘$750,000’’ for ‘‘$600,000’’. Subsec. (a)(2). Pub. L. 113–66, § 1612(b)(2), substituted ‘‘$450,000’’ for ‘‘$300,000’’. Subsec. (a)(3). Pub. L. 113–66, § 1612(b)(3), substituted ‘‘$300,000’’ for ‘‘$150,000’’. Subsec. (a)(4). Pub. L. 113–66, § 1612(b)(1), substituted ‘‘$750,000’’ for ‘‘$600,000’’. Subsec. (c). Pub. L. 113–66, § 1611(b)(2), added subsec. (c). 2006—Subsec. (a)(2). Pub. L. 109–163 substituted ‘‘$300,000’’ for ‘‘$150,000’’. 2002—Subsec. (a)(4). Pub. L. 107–314 substituted ‘‘$600,000’’ for ‘‘$300,000’’. 2001—Subsec. (a)(1). Pub. L. 107–107 substituted ‘‘$600,000’’ for ‘‘$300,000’’. 1991—Subsec. (b). Pub. L. 102–25 substituted ‘‘section 2411(1)(D)’’ for ‘‘section 2411(a)(1)(D)’’. 1989—Subsec. (a). Pub. L. 101–189, § 819(c)(1), added pars. (1) to (4) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) in the case of a program operating on a State- wide basis, $300,000; or ‘‘(2) in the case of a program operating on less than a Statewide basis, $150,000.’’ Subsec. (b). Pub. L. 101–189, § 819(c)(2), inserted ‘‘or is operated wholly within one or more service areas of the Bureau of Indian Affairs by an eligible entity referred to in section 2411(a)(1)(D) of this title’’ after ‘‘or on less than a Statewide basis’’. 1988—Pub. L. 100–456 amended section generally. Prior to amendment, section read as follows: ‘‘The value of the assistance furnished by the Secretary to any eligi- ble entity to carry out a procurement technical assist- ance program under a cooperative agreement under this chapter during any fiscal year may not exceed $150,000.’’ 1985—Pub. L. 99–145 amended section generally, sub- stituting ‘‘Secretary’’ for ‘‘Department of Defense’’ and ‘‘program under’’ for ‘‘program pursuant to’’. 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 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. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–145 effective Oct. 1, 1985, see section 919(d) of Pub. L. 99–145, set out as a note under section 4954 of this title. § 4956. Distribution The Secretary shall allocate funds available for assistance under this chapter equally to each Page 2933 TITLE 10—ARMED FORCES § 4957 Department of Defense contract administrative services district. If in any such fiscal year there is an insufficient number of satisfactory pro- posals in a district for cooperative agreements to allow effective use of the funds allocated to that district, the funds remaining with respect to that district shall be reallocated among the remaining districts. (Added Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2606, § 2415; amended Pub. L. 99–145, title IX, § 919(b), Nov. 8, 1985, 99 Stat. 692; Pub. L. 100–180, div. A, title VIII, § 807(c), Dec. 4, 1987, 101 Stat. 1128; Pub. L. 105–261, div. A, title VIII, § 802(a)(2), (b), Oct. 17, 1998, 112 Stat. 2081; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(d)(5)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293; renum- bered § 4956, Pub. L. 116–283, div. A, title XVIII, § 1872(a)(7), Jan. 1, 2021, 134 Stat. 4288; Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(C), Dec. 27, 2021, 135 Stat. 2135, 2144.) Editorial Notes CODIFICATION Pub. L. 117–81, div. A, title XVII, § 1701(m)(2)(E), Dec. 27, 2021, 135 Stat. 2145, amended Pub. L. 116–283, § 1872(a)(9), which had originally transferred section 2418 of this title to this section. After amendment by Pub. L. 117–81, section 1872(a)(9) of Pub. L. 116–283 in- stead transferred section 2418 to section 4958 of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1872(a)(7), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(C), renumbered section 2415 of this title as this section. 2000—Pub. L. 106–398 made technical amendment to directory language of Pub. L. 105–261, § 802(b). See 1998 Amendment note below. 1998—Pub. L. 105–261, § 802(a)(2), substituted ‘‘district’’ for ‘‘region’’ wherever appearing and ‘‘districts’’ for ‘‘regions’’. Pub. L. 105–261, § 802(b), as amended by Pub. L. 106–398, substituted ‘‘Department of Defense contract adminis- trative services’’ for ‘‘Defense Contract Administration Services’’. 1987—Pub. L. 100–180, § 807(c), struck out subsecs. (a) and (b) relating to requirement by Secretary of Defense to reserve 75% of first $3,000,000 appropriated to carry out this chapter for purpose of assisting cooperative agreements entered into under section 2413 of this title for fiscal years 1986 and 1987, and for fiscal years after 1987 the authority of Secretary to allocate funds in ac- cordance with such cooperative agreements, and sub- stituted ‘‘The’’ for ‘‘(c) For any amount appropriated to carry out this chapter for fiscal year 1986 or 1987 in ex- cess of $3,000,000, the’’. 1985—Subsec. (a)(2). Pub. L. 99–145, § 919(b)(1)(A), sub- stituted ‘‘fiscal years 1986 and 1987’’ for ‘‘fiscal year 1985 is 50 percent and during fiscal year 1986’’. Subsec. (a)(3). Pub. L. 99–145, § 919(b)(1)(B), added par. (3). Subsec. (b). Pub. L. 99–145, § 919(b)(2), substituted ‘‘1987’’ for ‘‘1986’’. Subsec. (c). Pub. L. 99–145, § 919(b)(3), added subsec. (c). 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 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. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title X, § 1087(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, provided that the amend- ment made by section 1 [[div. A], title X, § 1087(d)(5)] is effective Oct. 17, 1998, and as if included in the Strom Thurmond National Defense Authorization Act for Fis- cal Year 1999, Pub. L. 105–261, as enacted. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–145 effective Oct. 1, 1985, see section 919(d) of Pub. L. 99–145, set out as a note under section 4954 of this title. § 4957. Subcontractor information (a) CONTRACTORS TO PROVIDE INFORMATION.— The Secretary of Defense shall require that any defense contractor in any year shall provide to an eligible entity with which the Secretary has entered into a cooperative agreement under this chapter, on the request of such entity, the infor- mation specified in subsection (b). (b) INFORMATION TO BE PROVIDED.—Informa- tion to be provided under subsection (a) is a list- ing of the name of each appropriate employee of the contractor who has responsibilities with re- spect to entering into contracts on behalf of such contractor that constitute subcontracts of contracts being performed by such contractor, together with the business address and tele- phone number and area of responsibility of each such employee. (c) FREQUENCY.—A defense contractor need not provide information under this section to a par- ticular eligible entity more frequently than once a year. (d) DEFINITION.—In this section, the term ‘‘de- fense contractor’’, for any year, means a person awarded a contract with the Department of De- fense in that year for an amount in excess of $1,000,000. (Added Pub. L. 99–500, § 101(c) [title X, § 957(a)(1)(B)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–174, and Pub. L. 99–591, § 101(c) [title X, § 957(a)(1)(B)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–174, § 2416; Pub. L. 99–661, div. A, title IX, formerly title IV, § 957(a)(1)(B), Nov. 14, 1986, 100 Stat. 3954, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 108–375, div. A, title VIII, § 816, Oct. 28, 2004, 118 Stat. 2015; renumbered § 4957 and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(8), Jan. 1, 2021, 134 Stat. 4289; Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(D), Dec. 27, 2021, 135 Stat. 2135, 2145.) Editorial Notes CODIFICATION Pub. L. 117–81, div. A, title XVII, § 1701(m)(2)(F), Dec. 27, 2021, 135 Stat. 2145, amended Pub. L. 116–283, § 1872(a)(10), which had originally transferred section 2419 of this title to this section. After amendment by Pub. L. 117–81, section 1872(a)(10) of Pub. L. 116–283 in- stead transferred section 2419 to section 4959 of this title. Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections.