(C) any contract modification directing the use of products or services of Federal Prison Industries in the performance of the contract.

(2) In this subsection, the term "contractor", with respect to a contract, includes a subcontractor at any tier under the contract. (f) PROTECTION OF CLASSIFIED AND SENSITIVE INFORMATION.The Secretary of Defense may not enter into any contract with Federal Prison Industries under which an inmate worker would have access to

(1) any data that is classified;

(2) any geographic data regarding the location of—

(A) surface and subsurface infrastructure providing communications or water or electrical power distribution; (B) pipelines for the distribution of natural gas, bulk petroleum products, or other commodities; or

(C) other utilities; or

(3) any personal or financial information about any individual private citizen, including information relating to such person's real property however described, without the prior consent of the individual.

(g) DEFINITIONS.-In this section:

(1) The term "competitive procedures" has the meaning given such term in section 2302(2) of this title.

(2) The term "market research" means obtaining specific information about the price, quality, and time of delivery of products available in the private sector through a variety of means, which may include

(A) contacting knowledgeable individuals in government and industry;

(B) interactive communication among industry, acqui

sition personnel, and customers; and

(C) interchange meetings or pre-solicitation con

ferences with potential offerors.

(Added P.L. 107-107, §811(a)(1), Dec. 28, 2001, 115 Stat. 1180; amended P.L. 107-314, §819(a)(1), Dec. 2, 2002, 116 Stat. 2612.)

§ 24100. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products

(a) TEN-YEAR CONTRACT PERIOD.-The Secretary of Defense may enter into a contract for a period of up to 10 years for the purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products for the support of a United States national security program or a United States space program.

(b) EXTENSIONS.-A contract entered into for more than one year under the authority of subsection (a) may be extended for a total of not more than 10 years pursuant to any option or options set forth in the contract.

(Added P.L. 107-314, § 826(a), Dec. 2, 2002, 116 Stat. 2617.)

2418.

2419.

Subcontractor information.

Administrative costs.

Authority to provide certain types of technical assistance.
Regulations.

$2411. Definitions

In this chapter:

(1) The term “eligible entity” means any of the following: (A) A State.

(B) A local government.

(C) A private, nonprofit organization.

(D) A tribal organization, as defined in section 4(1) of the Indian Self-Determination and Education Assistance Act (Public Law 93–638; 25 U.S.C. 450b(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 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)).

(3) The term "Secretary" means the Secretary of Defense acting through the Director of the Defense Logistics Agency.

(4) The terms "State" and "local government" have the meaning given those terms in section 6302 of title 31.

(Added P.L. 98-525, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; amended P.L. 99-145, §919(a), Nov. 8, 1985, 99 Stat. 692; revised in its entirety by identical amendments P.L. 99-500, 99591, 99-661, §§ 101(c) [§ 956(a)], 101(c) [§ 956(a)], 956(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-174, 3341-174, 3954; amended P.L. 100-180, § 807(b), Dec. 4, 1987, 101 Stat. 1128; P.L. 100-456, §841(b)(2), Sept. 29, 1988, 102 Stat. 2025; P.L. 101-189, §853(e), Nov. 29, 1989, 103 Stat. 1519; P.L. 102-25, §701(j)(5), April 6, 1991, 105 Stat. 116; P.L. 102-484, § 1052(31), Oct. 23, 1992, 106 Stat. 2501.)

$2412. Purposes

The purposes of the program authorized by this chapter are(1) to increase assistance by the Department of Defense to eligible entities furnishing procurement technical assistance to business entities; and

(2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs.

(Added P.L. 98-525, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; amended P.L. 99-145, §919(a), Nov. 8, 1985, 99 Stat. 692.)

$2413. Cooperative agreements

(a) The Secretary, in accordance with the provisions of this chapter, may enter into cooperative agreements with eligible entities to carry out the purposes of this chapter.

(b) Under any such cooperative agreement, the eligible entity shall agree to sponsor programs to furnish procurement technical assistance to business entities and the Secretary shall agree to defray not more than one-half of the eligible entity's cost of furnishing such assistance under such programs, except that in the case of a program sponsored by such an entity that provides services solely in a distressed area the Secretary may agree to furnish more than one-half, but not more than three-fourths, of such cost with respect to such program.

(c) In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services district during each fiscal year.

(d) In conducting a competition for the award of a cooperative agreement under subsection (a), and in determining the level of funding to provide under an agreement under subsection (b), the Secretary shall give significant weight to successful past performance of eligible entities under a cooperative agreement under this section.

(Added P.L. 98-525, § 1241(a), Oct. 19, 1984, 98 Stat. 2605; amended P.L. 99-145, §919(a), Nov. 8, 1985, 99 Stat. 692; amended identically P.L. 99-500, 99-591, 99-600, §§ 101(c) [§ 956(b)], 101(c) [§ 956(b)], 956(b), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-174, 3341-174, 3954; P.L. 105-261, § 802(a)(1), Oct. 17, 1998, 112 Stat. 2081; P.L. 107-314, §814, Dec. 2, 2002, 116 Stat. 2610.)

§ 2414. Limitation

(a) IN GENERAL.-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 chapter 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 clause (3) or (4), $600,000;

(2) in the case of a program operating on less than a Statewide basis, other than a program referred to in clause (3) or (4), $150,000;

(3) in the case of a program operated wholly within one service area of the Bureau of Indian Affairs by an eligible entity referred to in section 2411(1)(D) of this title, $150,000; or

(4) in the case of a program operated wholly within more than one service area of the Bureau of Indian Affairs by an eligible entity referred to in section 2411(1)(D) of this title, $600,000.

(b) DETERMINATIONS ON SCOPE OF OPERATIONS.-A determination of whether a procurement 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 2411(1)(D) of this title shall be made in accordance with regulations prescribed by the Secretary of Defense.

(Added P.L. 98–525, § 1241(a), Oct. 19, 1984, 98 Stat. 2605; amended P.L. 99-145, §919(a), Nov. 8, 1985, 99 Stat. 692; revised in its entirety P.L. 100-456, §841(a), Sept. 29, 1988, 102 Stat. 2025; amended P.L. 101-189, §819(c), Nov. 29, 1989, 103 Stat. 1503; P.L. 102-25, §701(f)(7), April 6, 1991, 105 Stat. 115; P.L. 107-107, §813, Dec. 28, 2001, 115 Stat. 1181; P.L. 107-314, §815, Dec. 2, 2002, 116 Stat. 2610.)

§ 2415. Distribution

The Secretary shall allocate funds available for assistance under this chapter equally to each Department of Defense contract administrative services district. If in any such fiscal year there is an insufficient number of satisfactory proposals in a district for cooperative agreements to allow effective use of the funds allocated to that district, the funds remaining with respect to that district shall be reallocated among the remaining districts.

(Added P.L. 98–525, § 1241(a), Oct. 19, 1984, 98 Stat. 2605; amended P.L. 99-145, §919(b), Nov. 8, 1985, 99 Stat. 692; P.L. 100-180, §807(c), Dec. 4, 1987, 101 Stat. 1128; P.L. 105–261, § 802(a)(2), (b), Oct. 17, 1998, 112 Stat. 2081.)

§ 2416. Subcontractor information

(a) The Secretary of Defense shall require that any defense contractor in any year shall provide to an eligible entity with which the Secretary has entered into a cooperative agreement under this chapter, on the request of such entity, the information specified in subsection (b).

(b) Information to be provided under subsection (a) is a listing of the name of each appropriate employee of the contractor who has responsibilities with respect to entering into contracts on behalf of such contractor that constitute subcontracts of contracts being performed by such contractor, together with the business address and telephone number and area of responsibility of each such employee. (c) A defense contractor need not provide information under this section to a particular eligible entity more frequently than once a year.

(d) In this section, the term "defense contractor", for any year, means a person awarded a contract with the Department of Defense in that year for an amount in excess of $500,000.

(Added by identical amendments P.L. 99-500, 99-591, 99-661, §§ 101(c) [§957(a)(1)], 101(c) [§ 957(a)(1)], 957(a)(1), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-174, 3341-174, 3954 [former § 2416 redesignated § 2417].)

§ 2417. Administrative costs

The Director of the Defense Logistics Agency may use, out of the amount appropriated for a fiscal year for operation and maintenance for the procurement technical assistance program authorized by this chapter, an amount not exceeding three percent of such amount to defray the expenses of administering the provisions of this chapter during such fiscal year.

(Added P.L. 101–510, §814(a)(1)(B), Nov. 5, 1990, 104 Stat. 1596.)

§ 2418. Authority to provide certain types of technical assistance

(a) The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to contracts entered into with (1) Federal departments and agencies other than the Department of Defense, and (2) State and local governments.

(b) An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992. (Added P.L. 102-484, § 4236(a)(1)(B), Oct. 23, 1992, 106 Stat. 2691.)

$2419. Regulations

The Secretary of Defense shall prescribe regulations to carry out this chapter.

(Added as § 2416 P.L. 98-525, § 1241(a), Oct. 19, 1984, 98 Stat. 2605; redesignated § 2417 by identical amendments P.L. 99-500, 99-591, 99-661, §§ 101(c) [§ 957(a)(1)], 101(c) [§957(a)(1)], 957(a)(1), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-174, 3341-174, 3954; redesignated $2418 P.L. 101-510, §813(a)(1)(A), Nov. 5, 1990, 104 Stat. 1596; redesignated § 2419 P.L. 102484, § 4236(a)(1)(A), Oct. 23, 1992, 106 Stat. 2691.)