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10 U.S.C. § 4951 — Definitions

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10 U.S.C. § 4951 — Definitions

Page 2928 TITLE 10—ARMED FORCES § 4951 1 Editorially supplied. a pilot program under which a protege firm may re- ceive up to 25 percent of the reimbursement for which the mentor firm of such protege firm is eligible under the Mentor-Protege Program for a covered activity de- scribed in paragraph (2). ‘‘(2) ACTIVITY DESCRIBED.—A covered activity under this paragraph is an engineering, software develop- ment, or manufacturing customization that the protege firm implements in order to ensure that a technology developed by the protege firm will be ready for integra- tion with a program or system of the Department of Defense. ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(A) The terms ‘mentor firm’, ‘protege firm’ have the meanings given under section 4902 of title 10, United States Code, as amended by this section. ‘‘(B) The term ‘Mentor-Protege Program’ means the Mentor-Protege Program established under section 4902 of title 10, United States Code, as amended by this section. ‘‘(4) TERMINATION.—The pilot program established under paragraph (1) shall terminate on the date that is five years after the date on which the pilot program is established.’’ SUBCHAPTER II—[RESERVED] Sec. 4911. [Reserved]. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title XVII, § 1701(i)(10)(B), Dec. 27, 2021, 135 Stat. 2143, amended Pub. L. 116–283, div. A, title XVIII, § 1871(a)(2), Jan. 1, 2021, 134 Stat. 4287, by adding this subchapter. CHAPTER 388—PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM Sec.1 4951. Definitions. 4952. Purposes. 4953. Regulations. 4954. Cooperative agreements. 4955. Funding. 4956. Distribution. 4957. Subcontractor information. 4958. Authority to provide certain types of tech- nical assistance. 4959.

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Page 2928 TITLE 10—ARMED FORCES § 4951 1 Editorially supplied. a pilot program under which a protege firm may re- ceive up to 25 percent of the reimbursement for which the mentor firm of such protege firm is eligible under the Mentor-Protege Program for a covered activity de- scribed in paragraph (2). ‘‘(2) ACTIVITY DESCRIBED.—A covered activity under this paragraph is an engineering, software develop- ment, or manufacturing customization that the protege firm implements in order to ensure that a technology developed by the protege firm will be ready for integra- tion with a program or system of the Department of Defense. ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(A) The terms ‘mentor firm’, ‘protege firm’ have the meanings given under section 4902 of title 10, United States Code, as amended by this section. ‘‘(B) The term ‘Mentor-Protege Program’ means the Mentor-Protege Program established under section 4902 of title 10, United States Code, as amended by this section. ‘‘(4) TERMINATION.—The pilot program established under paragraph (1) shall terminate on the date that is five years after the date on which the pilot program is established.’’ SUBCHAPTER II—[RESERVED] Sec. 4911. [Reserved]. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title XVII, § 1701(i)(10)(B), Dec. 27, 2021, 135 Stat. 2143, amended Pub. L. 116–283, div. A, title XVIII, § 1871(a)(2), Jan. 1, 2021, 134 Stat. 4287, by adding this subchapter. CHAPTER 388—PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM Sec.1 4951. Definitions. 4952. Purposes. 4953. Regulations. 4954. Cooperative agreements. 4955. Funding. 4956. Distribution. 4957. Subcontractor information. 4958. Authority to provide certain types of tech- nical assistance. 4959. Advancing small business growth. 4960. [Reserved]. 4961. Administrative and other costs. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title XVII, § 1701(m)(3), Dec. 27, 2021, 135 Stat. 2145, amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(1)(B), Jan. 1, 2021, 134 Stat. 4287, which added this analysis, by generally revising the items to be inserted. Directory language amending section ‘‘1872(a)(B)’’ of Pub. L. 116–283 was executed as if it had referred to section ‘‘1872(a)(1)(B)’’ to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries NOTICE OF COST-FREE FEDERAL PROCUREMENT TECH- NICAL ASSISTANCE IN CONNECTION WITH REGISTRA- TION OF SMALL BUSINESS CONCERNS ON PROCUREMENT WEBSITES OF THE DEPARTMENT OF DEFENSE Pub. L. 115–91, div. A, title XVII, § 1707, Dec. 12, 2017, 131 Stat. 1809, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall es- tablish procedures to ensure that any notice or direct communication regarding the registration of a small business concern on a website maintained by the De- partment of Defense relating to contracting opportuni- ties contains information about cost-free Federal pro- curement technical assistance services that are avail- able through a procurement technical assistance pro- gram established under [former] chapter 142 of title 10, United States Code [see chapter 388 of this title]. ‘‘(b) SMALL BUSINESS CONCERN DEFINED.—The term ‘small business concern’ has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632).’’ § 4951. Definitions In this chapter: (1) The term ‘‘eligible entity’’ means any of the following: (A) A State. (B) A local government. (C) A nonprofit organization. (D) A tribal organization, as defined in sec- tion 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)), or an economic enterprise, as defined in section 3(e) of the Indian Financing Act of 1974 (Public Law 93–262; 25 U.S.C. 1452(e)), whether or not such economic enterprise is organized for profit purposes or nonprofit purposes. (2) The term ‘‘distressed area’’ means— (A) the area of a unit of local government (or such area excluding the area of any de- fined political jurisdiction within the area of such unit of local government) that— (i) has a per capita income of 80 percent or less of the State average; or (ii) has an unemployment rate that is one percent greater than the national av- erage for the most recent 24-month period for which statistics are available; or (B) a reservation, as defined in section 3(d) of the Indian Financing Act of 1974 (Public Law 93–262; 25 U.S.C. 1452(d)). (3) The term ‘‘Secretary’’ means the Sec- retary of Defense acting through the Under Secretary of Defense for Acquisition and Sustainment. (4) The terms ‘‘State’’ and ‘‘local govern- ment’’ have the meaning given those terms in section 6302 of title 31. (5) The term ‘‘business entity’’ means a cor- poration, association, partnership, limited li- ability company, limited liability partnership, consortia, not-for-profit, or other legal entity. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(1)(B), (2), Jan. 1, 2021, 134 Stat. 4287; Pub. L. 117–81, div. A, title XVII, § 1701(m)(1)(A), (3), Dec. 27, 2021, 135 Stat. 2144, 2145; Pub. L. 118–31, div. A, title VIII, § 853(a), Dec. 22, 2023, 137 Stat. 344.) Editorial Notes CODIFICATION The text of section 2411 of this title, which was trans- ferred to this section by Pub. L. 116–283, § 1872(a)(2), was based on Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; Pub. L. 99–145, title IX, § 919(a), Nov. 8, 1985, 99 Stat. 691; Pub. L. 99–500, § 101(c) [title X, Page 2929 TITLE 10—ARMED FORCES § 4953 1 See References in Text note below. § 956(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–174, and Pub. L. 99–591, § 101(c) [title X, § 956(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–174; Pub. L. 99–661, div. A, title IX, formerly title IV, § 956(a), Nov. 14, 1986, 100 Stat. 3954, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–180, div. A, title VIII, § 807(b), Dec. 4, 1987, 101 Stat. 1128; Pub. L. 100–456, div. A, title VIII, § 841(b)(2), Sept. 29, 1988, 102 Stat. 2025; Pub. L. 101–189, div. A, title VIII, § 853(e), Nov. 29, 1989, 103 Stat. 1519; Pub. L. 102–25, title VII, § 701(j)(5), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102–484, div. A, title X, § 1052(31), Oct. 23, 1992, 106 Stat. 2501; Pub. L. 115–91, div. A, title X, § 1081(a)(36), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–92, div. A, title VIII, § 852(a), Dec. 20, 2019, 133 Stat. 1511. Pub. L. 117–81, div. A, title XVII, § 1701(m)(1), (3), Dec. 27, 2021, 135 Stat. 2144, 2145, amended Pub. L. 116–283, § 1872(a)(1)(B), (2)–(4), which had originally added this section and transferred to subsecs. (a) to (c) thereof the text of sections 2412, 2411, and 2420 of this title, respec- tively. After amendment by Pub. L. 117–81, section 1872(a)(1)(B) of Pub. L. 116–283 reenacted this section, and section 1872(a)(2)–(4) of Pub. L. 116–283 instead transferred sections 2411, 2412, and 2420 to this section, section 4952, and section 4953 of this title, respectively. AMENDMENTS 2023—Par. (1)(C). Pub. L. 118–31, § 853(a)(1), substituted ‘‘nonprofit organization’’ for ‘‘private, nonprofit orga- nization’’. Par. (5). Pub. L. 118–31, § 853(a)(2), added par. (5). 2021—Pub. L. 117–81, § 1701(m)(3), which directed amendment of section ‘‘1872(a)(B)’’ of Pub. L. 116–283, was executed as if it had referred to section ‘‘1872(a)(1)(B)’’ of Pub. L. 116–283, which enacted this section, to reflect the probable intent of Congress. Pub. L. 116–283, § 1872(a)(2), as amended by Pub. L. 117–81, § 1701(m)(1)(A), transferred the text of section 2411 of this title to this section. 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 Ef- fective 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 section 3001 of this title. § 4952. Purposes The purposes of the program authorized by this chapter are— (1) to increase assistance by the Department of Defense to eligible entities furnishing pro- curement technical assistance to business en- tities; and (2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance pro- grams and maintaining existing procurement technical assistance programs. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(1)(B), (3), Jan. 1, 2021, 134 Stat. 4287, 4288; Pub. L. 117–81, div. A, title XVII, § 1701(m)(1)(B), (3), Dec. 27, 2021, 135 Stat. 2144, 2145.) Editorial Notes CODIFICATION The text of section 2412 of this title, which was trans- ferred to this section by Pub. L. 116–283, § 1872(a)(3), was based on Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; Pub. L. 99–145, title IX, § 919(a), Nov. 8, 1985, 99 Stat. 692. Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(A), Dec. 27, 2021, 135 Stat. 2135, 2144, amended Pub. L. 116–283, § 1872(a)(5), which had originally trans- ferred section 2413 of this title to this section and made an amendment in the text. After amendment by Pub. L. 117–81, section 1872(a)(5) of Pub. L. 116–283 instead trans- ferred section 2413 to section 4954 of this title and con- sequently amended the text of that section. AMENDMENTS 2021—Pub. L. 117–81, § 1701(m)(3), which directed amendment of section ‘‘1872(a)(B)’’ of Pub. L. 116–283, was executed as if it had referred to section ‘‘1872(a)(1)(B)’’ of Pub. L. 116–283, which enacted this section, to reflect the probable intent of Congress. Pub. L. 116–283, § 1872(a)(3), as amended by Pub. L. 117–81, § 1701(m)(1)(B), transferred the text of section 2412 of this title to this section. 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 Ef- fective 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 section 3001 of this title. § 4953. Regulations The Secretary of Defense shall prescribe regu- lations to carry out this chapter, and shall con- sult with an association recognized under sec- tion 4954(f) 1 regarding any revisions to such reg- ulations. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(1)(B), (4), Jan. 1, 2021, 134 Stat. 4287, 4288; Pub. L. 117–81, div. A, title XVII, § 1701(m)(1)(C), (3), Dec. 27, 2021, 135 Stat. 2144, 2145; Pub. L. 117–263, div. A, title VIII, § 854(c), Dec. 23, 2022, 136 Stat. 2723.) Editorial Notes REFERENCES IN TEXT Section 4954(f), referred to in text, was redesignated as section 4954(e) of this title, and a new subsec. (f) of section 4954 of this title was added, by Pub. L. 118–31, div. A, title VIII, § 853(b)(2), (3), Dec. 22, 2023, 137 Stat. 344. CODIFICATION The text of section 2420 of this title, which was trans- ferred to this section by Pub. L. 116–283, § 1872(a)(4), was based on Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2606, § 2416; renumbered § 2417, Pub. L. 99–500, § 101(c) [title X, § 957(a)(1)(A)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–174, and Pub. L. 99–591, § 101(c) [title

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

10 U.S.C. § 4951 — Definitions

In this chapter: (1) The term “eligible entity” means any of the following: (A) A State. (B) A local government. (C) A nonprofit organization. (D) A tribal organization, as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5304](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)(l)), or an economic enterprise, as defined in section 3(e) of the Indian Financing Act of 1974 (Public Law 93–262; [25 U.S.C. 1452(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452/e&num=0&edition=prelim)), whether or not such economic enterprise is organized for profit purposes or nonprofit purposes. (2) The term “distressed area” means— (A) the area of a unit of local government (or such area excluding the area of any defined political jurisdiction within the area of such unit of local government) that— (i) has a per capita income of 80 percent or less of the State average; or (ii) has an unemployment rate that is one percent greater than the national average for the most recent 24-month period for which statistics are available; or (B) a reservation, as defined in section 3(d) of the Indian Financing Act of 1974 (Public Law 93–262; [25 U.S.C. 1452(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452/d&num=0&edition=prelim)). (3) The term “Secretary” means the Secretary of Defense acting through the Under Secretary of Defense for Acquisition and Sustainment. (4) The terms “State” and “local government” have the meaning given those terms in [section 6302 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6302&num=0&edition=prelim). (5) The term “business entity

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

15 U.S.C. § 632 — Definitions

**(a) Small business concerns** (1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation. (2) **Establishment of size standards** (A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act. (B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors. (C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard— (i) is proposed after an opportunity for public notice and comment; (ii) provides for determining— (I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months; (II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over

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

15 U.S.C. § 632 — Definitions

Page 769 TITLE 15—COMMERCE AND TRADE § 632 Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsec. (a), is subtitle D (§§ 141–147) of title I of div. K of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3453, which enacted this section, amended sections 637, 648, 657b, and 657c of this title, enacted provisions set out as note under section 637 of this title, and amended provisions set out as a note under section 657b of this title. For complete classification of subtitle D to the Code, see Tables. CODIFICATION Section was enacted as part of the Small Business Reauthorization and Manufacturing Assistance Act of 2004, and also as part of the Consolidated Appropria- tions Act, 2005, and not as part of the Small Business Act which comprises this chapter. § 632. Definitions (a) Small business concerns (1) In general For the purposes of this chapter, a small- business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independ- ently owned and operated and which is not dominant in its field of operation. (2) Establishment of size standards (A) In general In addition to the criteria specified in paragraph (1) and subject to the require- ments specified under subparagraph (C), the Administrator may specify detailed defini- tions or standards by which a business con- cern may be determined to be a small busi- ness concern for the purposes of this chapter or any other Act. (B) Additional criteria The standards described in paragraph (1) may utilize number of employees, dollar vol- ume of business, net worth, net income, a combinatio

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

25 U.S.C. § 1452 — Livestock loans; cash settlements

All acceptances of cash settlements by the Commissioner of Indian Affairs for livestock lent by the United States to any individual Indian, or to any tribe, association, corporation, or other group of Indians, and all sales and relending of livestock repaid in kind to the United States on account of such loans are authorized and ratified: Provided, That on and after May 24, 1950, the value of such livestock for the purposes of any such cash settlement shall be based on prevailing market prices in the area and shall be ascertained by a committee composed of three members, one of whom shall be selected by the superintendent of the particular agency, one of whom shall be selected by the chairman of the tribal council, and one of whom shall be selected by the other two members.

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

25 U.S.C. § 1452 — Definitions

Page 229 TITLE 25—INDIANS § 1453 Sec. 1497a. Supplemental surety bond guarantee. 1498. Rules and regulations. 1499. Limitation on guarantee of debt issues; ap- proval of bond issue sale. SUBCHAPTER III—INTEREST SUBSIDIES AND ADMINISTRATIVE EXPENSES 1511. Interest subsidies; rules and regulations. 1512. Authorization of appropriations for interest payments. SUBCHAPTER IV—INDIAN BUSINESS GRANTS 1521. Indian Business Development Program; estab- lishment; statement of purpose. 1522. Conditions. 1523. Authorization of appropriations. 1524. Rules and regulations. SUBCHAPTER V—MISCELLANEOUS PROVISIONS 1541. Competent management and technical assist- ance for economic enterprises. 1542. Agency cooperation; private contracts for management services and technical assist- ance. 1543. Funds limitation for private contracts. 1544. Additional compensation to contractors of Federal agency. 1545. Livestock loans; cash settlements. 1546. Disposition of cash settlements. GENERAL PROVISIONS § 1451. Congressional declaration of policy It is hereby declared to be the policy of Con- gress to provide capital on a reimbursable basis to help develop and utilize Indian resources, both physical and human, to a point where the Indians will fully exercise responsibility for the utilization and management of their own re- sources and where they will enjoy a standard of living from their own productive efforts com- parable to that enjoyed by non-Indians in neigh- boring communities. (Pub. L. 93–262, § 2, Apr. 12, 1974, 88 Stat. 77.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–221, § 1(a), May 12, 2006, 120 Stat. 336, pro- vided that: ‘‘This Act [enacting section 494a of this title and section 1613a of Title 43, Pub

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

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

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

25 U.S.C. § 5304 — Definitions

Page 719 TITLE 25—INDIANS § 5304 with the Secretary of the Interior, shall report to the President on progress toward establishing training modules regarding Tribal consultation and shall iden- tify additional resources or other support necessary to implement this training. SEC. 9. Definitions. The terms ‘‘Tribal officials,’’ ‘‘policies that have Tribal implications,’’ and ‘‘agency’’ as used in this memorandum are as defined in Execu- tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na- tions’’ as used in this memorandum have the same defi- nition as the term ‘‘Indian Tribe’’ as defined in Execu- tive Order 13175. SEC. 10. Scope. Nothing in this memorandum shall be construed to impair or otherwise affect the ability of heads of agencies to set more specific or more stringent standards, or to incorporate other best practices, for conducting Tribal consultation. SEC. 11. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Independent agencies are strongly encouraged to comply with the provisions of this memorandum. (e) The Director of the Office of Manage

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