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

Summary

The Secretary of Defense may make public-private partnerships with outside groups to help a named Defense Agency do its work. Partnerships with foreign governments or foreign groups need the agreement of the Secretary of State. People who work for a partner group are treated as federal employees only for the limited purpose of recordkeeping under 5 U.S.C. 552a. The Secretary can accept voluntary help to find missing persons like the Secretary of a military department can under section 1588(a)(9). The Secretary may give cooperative agreements or grants to private groups to support the designated agency and may award them on a sole-source basis under section 3204(a)(5) despite section 3201(e). A private group may use DoD personal property for free to help the agency. Gifts of property, money, or services for accounting for missing persons under section 1501(a)(2)(C) may be accepted, held, used, and deposited (money goes to the Department of Defense General Gift Fund). The Secretary may pay necessary costs to transfer or care for gifts. The Secretary must issue rules to carry out these actions and must refuse any gift or use of a gift that would damage, or look like it would damage, the integrity of any DoD program or person. Definitions: cooperative agreement — an authorized cooperative agreement under 31 U.S.C. 6305; grant — an authorized grant under 31 U.S.C. 6304; 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