10 U.S.C. § 4955 — Funding

Page 2931 TITLE 10—ARMED FORCES § 4955 § 1872(a)(7), which had originally transferred section 2415 of this title to this section. After amendment by Pub. L. 117–81, section 1872(a)(7) of Pub. L. 116–283 in- stead transferred section 2415 to section 4956 of this title. Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31, § 853(b)(1), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). Subsecs. (c) to (e). Pub. L. 118–31, § 853(b)(2), redesig- nated subsecs. (d) to (f) as (c) to (e), respectively, and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: ‘‘In entering into coopera- tive agreements under subsection (a), the Secretary shall assure that at least one procurement technical as- sistance program is carried out in each Department of Defense contract administration services district dur- ing each fiscal year.’’ Subsec. (f). Pub. L. 118–31, § 853(b)(3), added subsec. (f). Former subsec. (f) redesignated (e). 2022—Subsec. (f). Pub. L. 117–263 added subsec. (f). 2021—Pub. L. 116–283, § 1872(a)(5), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(A)(i), renumbered section 2413 of this title as this section. Subsec. (a). Pub. L. 116–283, § 1872(a)(5)(A), inserted heading. Subsec. (b). Pub. L. 116–283, § 1872(a)(5)(B), as amended by Pub. L. 117–81, § 1701(m)(2)(A)(ii), inserted heading and, in par. (2), substituted ‘‘section 4959(b)’’ for ‘‘sec- tion 2419(b)’’. Subsecs. (c) to (e). Pub. L. 116–283, § 1872(a)(5)(C)–(E), inserted heading. 2018—Subsec. (b). Pub. L. 115–232, § 858(a)(1), sub- stituted ‘‘not more than 75 percent’’ for ‘‘not more than 65 percent’’ in introductory provisions. Subsec. (b)(1). Pub. L. 115–232, § 858(a)(2), substituted ‘‘more than 75 percent, but not more than 85 percent’’ for ‘‘more than 65 percent, but not more than 75 per- cent’’. 2013—Subsec. (b). Pub. L. 113–66, § 1612(a)(1), sub- stituted ‘‘65 percent’’ for ‘‘one-half’’ in introductory provisions. Pub. L. 113–66, § 1611(c)(1)(A), (B), substituted ‘‘except that— ‘‘(1) in the case’’ for ‘‘except that in the case’’ and ‘‘; and’’ for period at end. Subsec. (b)(1). Pub. L. 113–66, § 1612(a), substituted ‘‘65 percent’’ for ‘‘one-half’’ and ‘‘75 percent’’ for ‘‘three- fourths’’. Subsec. (b)(2). Pub. L. 113–66, § 1611(c)(1)(C), added par. (2). Subsec. (d). Pub. L. 113–66, § 1611(c)(3), struck out ‘‘and in determining the level of funding to provide under an agreement under subsection (b),’’ after ‘‘subsection (a),’’. Subsec. (e). Pub. L. 113–66, § 1611(c)(2), added subsec. (e). 2002—Subsec. (d). Pub. L. 107–314 added subsec. (d). 1998—Subsec. (c). Pub. L. 105–261 substituted ‘‘dis- trict’’ for ‘‘region’’. 1987—Subsec. (b). Pub. L. 100–180 made technical amendment to directory language of Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661. See 1986 Amendment note below. 1986—Subsec. (b). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, as amended by Pub. L. 100–180, amended subsec. (b) identically, inserting ‘‘sponsor programs to’’ after first reference to ‘‘agree to’’, ‘‘under such pro- grams’’ after ‘‘such assistance’’, and ‘‘with respect to such program’’ after ‘‘such cost’’ and substituting ‘‘a program sponsored by such an entity that provides services solely in a distressed area’’ for ‘‘an eligible en- tity that is a distressed entity’’. 1985—Pub. L. 99–145 amended section generally, sub- stituting ‘‘, in accordance with the provisions of this chapter, may enter’’ for ‘‘may, in accordance with the provisions of this chapter, enter’’ in subsec. (a), adding subsec. (b), and redesignating former subsec. (b) as (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 1987 AMENDMENT Pub. L. 100–180, div. A, title XII, § 1233(c)(2), Dec. 4, 1987, 101 Stat. 1161, provided that: ‘‘The amendment made by subsection (b) [amending Public Laws 99–500, 99–591, and 99–661 which amended this section] shall apply as if included in the enactment of Public Laws 99–500, 99–591, and 99–661.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title IX, § 919(d), Nov. 8, 1985, 99 Stat. 693, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section, sections 4955 and 4956 of this title, and former sections 2411 and 2412 of this title] shall take effect on October 1, 1985.’’ § 4955. Funding (a) IN GENERAL.—Except as provided in sub- section (c), the value of the assistance furnished by the Secretary to any eligible entity to carry out a procurement technical assistance program under a cooperative agreement under this chap- ter during any fiscal year may not exceed— (1) in the case of a program operating on a Statewide basis, other than a program referred to in paragraph (3) or (4), $1,500,000; (2) in the case of a program operating on less than a Statewide basis, other than a program referred to in paragraph (3) or (4), $750,000; (3) in the case of a program operated wholly within one service area of the Bureau of In- dian Affairs by an eligible entity referred to in section 4951(1)(D) of this title, $450,000; or (4) in the case of a program operated wholly within more than one service area of the Bu- reau of Indian Affairs by an eligible entity re- ferred to in section 4951(1)(D) of this title, $1,000,000. (b) DETERMINATIONS ON SCOPE OF OPER- ATIONS.—A determination of whether a procure- ment technical assistance program is operating on a Statewide basis or on less than a Statewide basis or is operated wholly within one or more service areas of the Bureau of Indian Affairs by an eligible entity referred to in section 4951(1)(D) of this title shall be made in accord- ance with regulations prescribed by the Sec- retary of Defense. (c) EXCEPTION.—The value of the assistance provided in accordance with section 4959(b) of this title is not subject to the limitations in subsection (a). (d) USE OF PROGRAM INCOME.— (1) An eligible entity that earned income in a specified fiscal year from activities carried out pursuant to a procurement technical as- sistance program funded under this chapter 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