the balances of appropriations which are determined by the Secretary of Defense to be available and necessary to finance or discharge the function or activity so transferred or assigned may, with the approval of the President, be transferred to, and be available for use by, the department or agency to which said function or activity is transferred or assigned for any purpose for which said funds were originally available. Balances so transferred shall be credited to any applicable existing appropriation account or accounts, or to any new appropriation account or accounts, which are authorized to be established on the books of the Treasury Department, of the department or organization to which such function or activity is transferred, and shall be merged with funds in the applicable existing or newly established appropriation account or accounts and thereafter accounted for as one fund. Balances transferred to existing accounts shall be subject only to such limitations as are specifically applicable to such accounts and those transferred to new accounts shall be subject only to such limitations as are applicable to the appropriations from which they are transferred.

(b) The number of employees which in the opinion of the Secretary of Defense is required for such transferred functions or activities may, with the approval of the Director of the Bureau of the Budget, be deducted from any personnel maximum or limitation of the department or agency within the Department of Defense from which such function or activity is transferred, and added to any such personnel maximum or limitation of the department or agency to which such function or activity is transferred. ***, as added Aug. 10, 1949, c. 412, § 11, 63 Stat. 585.

Section 172g. Availability of reimbursements for obligation.

To carry out the purposes of sections 171-171n, 172-172j, 1811, 181-2, 411a, 411b, and 626-626d of this title and sections 401405 of Title 50, reimbursements made under the authority of section 686 of Title 31, and sums paid by or on behalf of personnel of any department or organization for services rendered or supplies furnished, may be credited to authorize replacing or other accounts. Funds credited to such accounts shall remain available for obligation for the same period as the funds in the account so credited and each such account shall constitute one fund on the books of the Treasury Department. ***, as added Aug. 10, 1949, c. 412, § 11, 63 Stat. 585.

Section 172h.

Common use of disbursing facilities.

To the extent authorized by the Secretary of Defense, disbursing officers of the Departments of the Army, Navy, and Air Force may, out of accounts of advances available to them, make dis

bursements covering obligations arising in connection with any function or activity of any other department or organization within the Department of Defense and charge upon vouchers the proper appropriation or appropriations of the other department or organization: Provided, That all said expenditures shall subsequently be adjusted in settlement of disbursing officers' accounts. ***, as added Aug. 10, 1949, c. 412, § 11, 63 Stat. 585. [Former Section 172i is now contained in 10 U.S.C. 2701.]

Section 172j. Repealing and saving provisions.

All laws, orders, and regulations inconsistent with the provisions of sections 172–172j of this title are repealed insofar as they are inconsistent with the powers, duties, and responsibilities enacted hereby: Provided, That the powers, duties, and responsibilities of the Secretary of Defense under said sections shall be administered in conformance with the policy and requirements for administration of budgetary and fiscal matters in the Government generally, including accounting and financial reporting, and that nothing in said sections shall be construed as eliminating or modifying the powers, duties, and responsibilities of any other department, agency, or officer of the Government in connection with such matters, but no such department, agency, or officer shall exercise any such powers, duties, or responsibilities in a manner that will render ineffective the provisions of said sections. July 26, 1947, c. 343, Title IV, § 411, as added Aug. 10, 1949, c. 412, § 11, 63 Stat. 585.

GRATUITIES ACT

Section 174d. Restriction to contracts providing for termination and remedies upon discovery of gratuities.

On and after June 30, 1954, no part of any money appropriated to the Department of Defense shall be expended under any contract (other than a contract for personal services) entered into after June 30, 1954, unless such contract provides

(1) that the Government may, by written notice to the contractor, terminate the right of such contractor to proceed under such contract if it is found, after notice and hearing, by the Secretary of the military department with which the contract is made, or his designee, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by such contractor, or any agent or representative of such contractor, to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such contract: Provided, That the

existence of the facts upon which such Secretary makes such findings shall be in issue and may be reviewed in any competent court,

(2) that in the event any such contract is so terminated the Government shall be entitled, (a) to pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor, and (b) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount not less than three nor more than ten times (as determined by the Secretary or his designee) the costs incurred by any such contractor in providing any such gratuities to any such officer or employee. June 30, 1954, c. 432, Title VII, § 719, 68 Stat. 353.

PART IV, TITLE 10

CHAPTER 1.-DEFINITIONS

Section 101. Definitions.

(1) "United States", in a geographic sense, means the States and the District of Columbia.

(2) "Territory" means any Territory organized after this title is enacted, so long as it remains a Territory.

(3) "Possessions" includes the Virgin Islands, the Canal Zone, Guam, American Samoa, and the guano islands, so long as they remain possessions, but does not include any Territory or Commonwealth.

(4) "Armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

(5) "Department", when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, it means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.

(6) "Executve part of the department" means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.

(7) "Military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.

(8) "Secretary concerned" means

(A) the Secretary of the Army, with respect to matters concerning the Army;

(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;

(C) the Secretary of the Air Force, with respect to matters concerning the Air Force; and

(D) the Secretary of the Treasury, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy.

(14) "Officer" means commissioned or warrant officer.

(15) "Commissioned officer" includes a commissioned warrant officer.

(16)

(17) "Enlisted member" means a person in an enlisted grade. (18) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.

(19) "Rank" means the order of precedence among members of the armed forces.

(20) "Rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. "Rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).

(21) "Authorized strength" means the largest number of members authorized to be in an armed force, a component, a branch, a grade, or any other category of the armed forces.

(22)-(25)

(26) "Supplies" includes material, equipment, and stores of all kinds.

(27) * *

(28) "Shall" is used in an imperative sense.

(29) "May" is used in a permissive sense. The words "no person may..." mean that no person is required, authorized, or permitted to the act prescribed.

(30) "Includes" means "includes but is not limited to".

(Aug. 10, ch. 1041, §1, 70A Stat. 3; Sept. 2, 1958, Pub. L. 85-861, §§ 1(1), 33(a) (1), 72 Stat. 1437, 1564; June 25, 1959, Pub. L. 86-156, §1, 73 Stat. 338; as amended by July 12, 1960, Pub. L. 86-624, § 4(a), 74 Stat. 411.)

CHAPTER 7.-BOARDS, COUNCILS, AND COMMITTEES Section 174. Advisory personnel: research and development.

(a) The Secretary of each military department may establish such advisory committees and panels as are necessary for the research and development activities of his department and may employ such part-time advisers as he considers necessary to carry out those activities.

(b) A person who serves as a member of such a committee or panel may not be paid for that service while holding another position or office under the United States for which he receives compensation. Other members and part-time advisers may serve without compensation or may be paid not more than $50 for each day of service, as the Secretary concerned determines.