
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(e)(10)(A)]
[CITE: 10USC2468]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
   CHAPTER 146--CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR 
                        INDUSTRIAL TYPE FUNCTIONS
 
Sec. 2468. Military installations: authority of base commanders 
        over contracting for commercial activities
        
    (a) Authority of Base Commander.--The Secretary of Defense shall 
direct that the commander of each military installation shall have the 
authority and the responsibility to enter into contracts in accordance 
with this section for the performance of a commercial activity on the 
military installation.
    (b) Yearly Duties of Base Commander.--To enter into a contract under 
subsection (a) for a fiscal year, the commander of a military 
installation shall--
        (1) prepare an inventory for that fiscal year of commercial 
    activities carried out by Government personnel on the military 
    installation;
        (2) decide which commercial activities shall be reviewed under 
    the procedures and requirements of Office of Management and Budget 
    Circular A-76 (or any successor administrative regulation or 
    policy); and
        (3) conduct a solicitation for contracts for the performance of 
    those commercial activities selected for conversion to contractor 
    performance under the Circular A-76 process.

    (c) Limitations.--(1) The Secretary of Defense shall prescribe 
regulations under which the commander of each military installation may 
exercise the authority and responsibility provided under subsection (a).
    (2) The authority and responsibility provided under subsection (a) 
are subject to the authority, direction, and control of the Secretary.
    (d) Assistance to Displaced Employees.--If the commander of a 
military installation enters into a contract under subsection (a), the 
commander shall, to the maximum extent practicable, assist in finding 
suitable employment for any employee of the Department of Defense who is 
displaced because of that contract.
    (e) Military Installation Defined.--In this section, the term 
``military installation'' means a base, camp, post, station, yard, 
center, or other activity under the jurisdiction of the Secretary of a 
military department which is located within the United States, the 
Commonwealth of Puerto Rico, or Guam.
    (f) Termination of Authority.--The authority provided to commanders 
of military installations by subsection (a) shall terminate on September 
30, 1995.

(Added Pub. L. 101-189, div. A, title XI, Sec. 1131(a)(1), Nov. 29, 
1989, 103 Stat. 1560; amended Pub. L. 101-510, div. A, title IX, 
Sec. 921, Nov. 5, 1990, 104 Stat. 1627; Pub. L. 102-190, div. A, title 
III, Sec. 315(a), Dec. 5, 1991, 105 Stat. 1337; Pub. L. 103-160, div. A, 
title III, Sec. 370(c), Nov. 30, 1993, 107 Stat. 1634; Pub. L. 103-337, 
div. A, title III, Sec. 386(c), Oct. 5, 1994, 108 Stat. 2742.)


                               Amendments

    1994--Subsec. (f). Pub. L. 103-337 substituted ``September 30, 
1995'' for ``September 30, 1994''.
    1993--Subsec. (f). Pub. L. 103-160 substituted ``September 30, 
1994'' for ``September 30, 1993''.
    1991--Subsec. (f). Pub. L. 102-190 substituted ``September 30, 
1993'' for ``September 30, 1991''.
    1990--Subsec. (f). Pub. L. 101-510 substituted ``September 30, 
1991'' for ``September 30, 1990''.


                    Effective Date of 1991 Amendment

    Section 315(b) of Pub. L. 102-190 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect as of 
September 30, 1991.''


                             Effective Date

    Section 1131(b) of Pub. L. 101-189 provided that: ``Section 2468 of 
title 10, United States Code (as added by subsection (a)), shall take 
effect as of October 1, 1989.''


      Public Availability of Operating Agreements Between Military 
                Installations and Financial Institutions

    Pub. L. 105-261, div. A, title III, Sec. 379, Oct. 17, 1998, 112 
Stat. 1995, provided that: ``With respect to an agreement between the 
commander of a military installation in the United States (or the 
designee of such an installation commander) and a financial institution 
that permits, allows, or otherwise authorizes the provision of financial 
services by the financial institution on the military installation, 
nothing in the terms or nature of such an agreement shall be construed 
to exempt the agreement from the provisions of sections 552 and 552a of 
title 5, United States Code.''
