10 U.S.C. § 1501a: Public-private partnerships…

Summary

Allows the Secretary of Defense to work with outside groups and companies to help a named Defense Agency. The Secretary can only team up with foreign governments or foreign groups if the Secretary of State agrees. Rules the Secretary makes must cover how these partnerships work. A worker from a partner group is treated as a federal employee only for records on individuals under section 552a of title 5. The Secretary may also accept voluntary help to account for missing persons like under section 1588(a)(9). The Secretary can give cooperative agreements or grants to private groups to support the Agency and may do so on a sole-source basis under section 3204(a)(5), despite section 3201(e). A private group may use Department of Defense personal property for free. The Secretary may accept gifts of property, money, or services to help account for missing persons under section 1501(a)(2)(C); money gifts go into the Department of Defense General Gift Fund. The Secretary may pay costs to move or care for gifts. The Secretary must write rules to run all this and must not accept or use gifts if doing so would harm the integrity or appearance of integrity of any DoD program or person. Definitions: cooperative agreement — authorized under 31 U.S.C. 6305; grant — authorized under 31 U.S.C. 6304; gift — includes a devise or bequest.

Title 10, §1501a

Armed Forces, Source: USLM XML via OLRC

(a)Public-private Partnerships.—

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)Acceptance of Voluntary Personal Services.—

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)Cooperative Agreements and Grants.—

(1)In general.—

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)Inapplicability of certain contract requirements.—

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)Use of Department of Defense Personal Property.—

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)Acceptance of Gifts.—

(1)Authority to accept.—

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)Gift funds.—

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

(3)Use of gifts.—

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)Expenses of transfer.—

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

(5)Expenses of care.—

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

(f)Regulations.—

(1)In general.—

The Secretary of Defense shall prescribe regulations to implement this section.

(2)Limitation.—

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)Definitions.—

In this section: (1) Cooperative agreement.—

(2)Grant.—

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

(3)Gift.—

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