§1501a — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense may make public‑private partnerships and similar deals with outside groups to help a designated Defense Agency do its work. The Secretary must get the Secretary of State’s OK to partner with foreign governments or foreign groups. Rules will say how to set up these partnerships. People who work for a partner group count as federal employees only for the purpose of federal records about individuals. The Secretary may also accept volunteer help to find and account for missing persons, give cooperative agreements or grants to private groups (including single‑source awards when allowed), and let private groups use Defense Department personal property for free to support the Agency. The Secretary can accept gifts of money, property, or services meant to help account for missing persons, and must put donated money into the Department of Defense General Gift Fund. The Secretary may use those gifts and pay reasonable costs to transfer or care for them. The Secretary must write rules to carry out these powers and must not accept or use gifts in a way that would harm or appear to harm the integrity of Defense programs or people. Definitions: cooperative agreement — an authorized type of federal cooperative agreement; grant — an authorized federal grant; gift — includes a devise or bequest.

Title 10, §1501a

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may enter into arrangements known as public-private partnerships with appropriate entities outside the Government for the purposes of facilitating the activities of the designated Defense Agency. The Secretary may only partner with foreign governments or foreign entities with the concurrence of the Secretary of State. Any such arrangement shall be entered into in accordance with authorities provided under this section or any other authority otherwise available to the Secretary. Regulations prescribed under subsection (f)(1) shall include provisions for the establishment and implementation of such partnerships. An employee of an entity outside the Government that has entered into a public-private partnership, cooperative agreement, or a grant arrangement with, or in direct support of, the designated Defense Agency under this section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative agreement, or grant, only for the purposes of section 552a of title 5 (relating to maintenance of records on individuals).

(b)The Secretary of Defense may accept voluntary services to facilitate accounting for missing persons in the same manner as the Secretary of a military department may accept such services under section 1588(a)(9) of this title.

(c)(1)The Secretary of Defense may enter into a cooperative agreement with, or make a grant to, a private entity for purposes related to support of the activities of the designated Defense Agency.

(2)Notwithstanding section 3201(e) of this title, the Secretary may enter such cooperative agreements or grants on a sole-source basis pursuant to section 3204(a)(5) of this title.

(d)The Secretary may allow a private entity to use, at no cost, personal property of the Department of Defense to assist the entity in supporting the activities of the designated Defense Agency.

(e)(1)Subject to subsection (f)(2), the Secretary may accept, hold, administer, spend, and use any gift of personal property, money, or services made on the condition that the gift be used for the purpose of facilitating accounting for missing persons pursuant to section 1501(a)(2)(C) of this title.

(2)Gifts and bequests of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund.

(3)Personal property and money accepted under this subsection may be used by the Secretary, and services accepted under this subsection may be performed, without further specific authorization in law.

(4)The Secretary may pay all necessary expenses in connection with the conveyance or transfer of a gift accepted under this subsection.

(5)The Secretary may pay all reasonable and necessary expenses in connection with the care of a gift accepted under this subsection.

(f)(1)The Secretary of Defense shall prescribe regulations to implement this section.

(2)Such regulations shall provide that acceptance of a gift (including a gift of services) or use of a gift under this section may not occur if the nature or circumstances of the acceptance or use would compromise the integrity, or the appearance of integrity, of any program of the Department of Defense or any individual involved in such program.

(g)In this section:

(1)The term “cooperative agreement” means an authorized cooperative agreement as described in section 6305 of title 31.

(2)The term “grant” means an authorized grant as described in section 6304 of title 31.

(3)The term “gift” includes a devise or bequest.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (c)(2). Pub. L. 116–283 substituted “3201(e) of this title” for “2304(k) of this title” and “3204(a)(5) of this title” for “2304(c)(5) of this title”. 2018—Subsec. (a). Pub. L. 115–232, § 523(a), (c), substituted “subsection (f)(1)” for “subsection (e)(1)” and inserted at end “An employee of an entity outside the Government that has entered into a public-private partnership, cooperative agreement, or a grant arrangement with, or in direct support of, the designated Defense Agency under this section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative agreement, or grant, only for the purposes of section 552a of title 5 (relating to maintenance of records on individuals).” Subsecs. (e), (f). Pub. L. 115–232, § 523(b)(1), (2), added subsec. (e) and redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 115–232, § 523(b)(1), (3), redesignated subsec. (f) as (g) and added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment 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.

§1501a Public-private partnerships; other forms of support