Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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# 10 U.S.C. § 2201 - Apportionment of funds: authority for exemption; excepted expenses
## Text
(a) Exemption From Apportionment Requirement.— If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of section 1512 of title 31 appropriations, funds, and contract authorizations available for military functions of the Department of Defense.
(b) Airborne Alerts.— Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 6301(a) and (b)(1)(3) of title 41.
(c) Members on Active Duty.— Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 6301(a) and (b)(1)(3) of title 41.
(d) Notification to Congress.— The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.
(Added Pub. L. 100370, § 1(d)(1)(A), July 19, 1988, 102 Stat. 841; amended Pub. L. 10665, div. A, title X, § 1032(a)(1), Oct. 5, 1999, 113 Stat. 751; Pub. L. 111350, § 5(b)(4), Jan. 4, 2011, 124 Stat. 3842.)
## Notes
Historical and Revision NotesSection is based on Pub. L. 99190, § 101(b) [title VIII, § 8009], Dec. 19, 1985, 99 Stat. 1185, 1204. In two instances, the source law to be codified by the bill includes provisions that on their face require that the Department of Defense notify Congress of certain actions. These notification requirements were terminated by section 602 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99433), which terminated all recurring reporting requirements applicable to the Department of Defense except for those requirements that were specifically exempted in that section. The source law sections are sections 8009(c) and 8005(j) (proviso) of the FY86 defense appropriations Act (Public Law 99190), enacted December 19, 1985, which would be codified as section 2201 of title 10 (by section 1(d) of the bill) and section 7313(a) of title 10 (by section 1(n) of the bill). In codifying the authorities provided the Department of Defense by these two provisions of law, the committee believes that it is appropriate to reinstate the congressional notification requirements that go with those authorities. These sections were recurring annual appropriation provisions for many years and were made permanent only months before the enactment of the 1986 Reorganization Act. It is the committees belief that the failure to exempt these provisions from the general reports termination provision was inadvertent and notes that the notification provisions had in fact previously applied to the Department of Defense for many years. The action of the committee restores the status quo as it existed before the Reorganization Act.
Editorial Notes
Prior ProvisionsA prior section 2201, act Aug. 10, 1956, ch. 1041, 70A Stat. 119, prescribed the general functions of the Secretary of Defense, prior to repeal by Pub. L. 85599, § 3(c), Aug. 6, 1958, 72 Stat. 516. See section 113 of this title.
Amendments2011—Subsec. (b). Pub. L. 111350, § 5(b)(4)(A), substituted “section 6301(a) and (b)(1)(3) of title 41” for “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))”. Subsec. (c). Pub. L. 111350, § 5(b)(4)(B), substituted “section 6301(a) and (b)(1)(3) of title 41” for “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))”. 1999—Subsec. (d). Pub. L. 10665 substituted “Defense” for “Defense—”, struck out par. (1) designation, substituted “this section.” for “this section; and”, and struck out par. (2) which read as follows: “shall submit monthly reports to Congress on the estimated obligations incurred pursuant to subsections (b) and (c).”
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# 10 U.S.C. § 2202 - Regulations on production, warehousing, and supply distribution functions
## Text
The Secretary of Defense shall prescribe regulations governing the performance within the Department of Defense of the production, warehousing, and supply distribution functions, and related functions, of the Department of Defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 120; Pub. L. 100180, div. A, title XII, § 1202, Dec. 4, 1987, 101 Stat. 1153; Pub. L. 103355, title III, § 3061(a), Oct. 13, 1994, 108 Stat. 3336; Pub. L. 116283, div. A, title XVIII, § 1807(b)(2), Jan. 1, 2021, 134 Stat. 4157.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 220241:162.July 10, 1952, ch. 630, § 638, 66 Stat. 537. The words “an officer or agency * * * may * * * only” are substituted for the words “no officer or agency * * * shall * * * except”. The word “of”, before the words “the Department”, is substituted for the words “in or under”. The words “under regulations prescribed” are substituted for the words “in accordance with regulations issued”. The words “after the effective date of this section” and 41:162(b) are omitted as executed. The words “or equipment” are omitted as covered by the definition of “supplies” in section 101(26) of this title.
Editorial Notes
Amendments2021—Pub. L. 116283 struck out “procurement,” before “production,” in section catchline and text. 1994—Pub. L. 103355 amended heading and text generally. Prior to amendment, text read as follows: “(a) Notwithstanding any other provision of law, an officer or agency of the Department of Defense may obligate funds for procuring, producing, warehousing, or distributing supplies, or for related functions of supply management, only under regulations prescribed by the Secretary of Defense. The purpose of this section is to achieve the efficient, economical, and practical operation of an integrated supply system to meet the needs of the military departments without duplicate or overlapping operations or functions. “(b) Except as otherwise provided by law, the availability for obligation of funds appropriated for any program, project, or activity of the Department of Defense expires at the end of the three-year period beginning on the date that such funds initially become available for obligation unless before the end of such period the Secretary of Defense enters into a contract for such program, project, or activity.” 1987—Pub. L. 100180 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 116283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116283, set out as a note preceding section 3001 of this title.
Effective Date of 1994 AmendmentFor effective date and applicability of amendment by Pub. L. 103355, see section 10001 of Pub. L. 103355, set out as a note under section 8752 of this title.
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# 10 U.S.C. § 2203 - Budget estimates
## Text
To account for, and report, the cost of performance of readily identifiable functional programs and activities, with segregation of operating and capital programs, budget estimates of the Department of Defense shall be prepared, presented, and justified, where practicable, and authorized programs shall be administered, in such form and manner as the Secretary of Defense, subject to the authority and direction of the President, may prescribe. As far as practicable, budget estimates and authorized programs of the military departments shall be uniform and in readily comparable form. The budget for the Department of Defense submitted to Congress for each fiscal year shall include data projecting the effect of the appropriations requested for materiel readiness requirements. The Secretary of Defense shall provide that the budget justification documents for such budget include information on the number of employees of contractors estimated to be working on contracts of the Department of Defense during the fiscal year for which the budget is submitted. Such information shall be set forth in terms of employee-years or such other measure as will be uniform and readily comparable with civilian personnel of the Department of Defense.
(Added Pub. L. 87651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 520; amended Pub. L. 97295, § 1(21), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 99661, div. A, title III, § 311, Nov. 14, 1986, 100 Stat. 3851.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 22035:172b.July 26, 1947, ch. 343, § 403; added Aug. 10, 1949, ch. 412, § 11 (5th and 6th pars.), 63 Stat. 586. The word “prescribe” is substituted for the word “determine”. 5 U.S.C. 172b(b) is omitted as executed.
1982 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 2203 (last sentence)10:2203 (note).July 30, 1977, Pub. L. 9579, § 812 (last sentence), 91 Stat. 336. The words “for fiscal year 1979” are omitted as executed. The words “for each fiscal year” are substituted for “subsequent fiscal years” for consistency.
Editorial Notes
Amendments1986—Pub. L. 99661 inserted provisions that budget justification documents include information on number of employees estimated to be working during the fiscal year, such information to be set forth in terms of employee-years or other measure as is uniform and comparable with civilian personnel of the Department of Defense. 1982—Pub. L. 97295 inserted provision requiring that the budget for the Department of Defense submitted annually to Congress include data projecting the effect of the appropriations requested for materiel readiness requirements.
Statutory Notes and Related Subsidiaries
Presidential Recommendations Respecting Modifications in Cruise Missile ProgramPub. L. 95184, title II, § 203, Nov. 15, 1977, 91 Stat. 1382, provided that in authorizing funds under that Act [Pub. L. 95184], Congress was asserting its readiness to consider, in accordance with the processes set forth in the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 621 et seq.] and the Budget and Accounting Act, 1921 [31 U.S.C. 1101 et seq.], such modifications in the United States cruise missile programs as the President might recommend to facilitate either negotiation or agreement in arms limitation or reduction talks.
Report to Congressional Committees on Material Readiness Requirements for Armed ForcesPub. L. 9579, title VIII, § 812, July 30, 1977, 91 Stat. 336, as amended by Pub. L. 97295, § 6(b), Oct. 12, 1982, 96 Stat. 1314, directed Secretary of Defense to submit to Congress, not later than February 15, 1978, a report setting forth quantifiable and measurable material readiness requirements for the Armed Forces, including the Reserve components thereof, monthly readiness status of the Armed Forces, including the reserve components thereof, during fiscal year 1977, and any changes in such requirements and status projected for fiscal years 1978 and 1979 and in the five-year defense program, and to inform Congress of any subsequent changes in the aforementioned materiel readiness requirements and the reasons for such changes.
Modifications in United States Strategic Arms Programs on Recommendation of PresidentPub. L. 9579, title VIII, § 813, July 30, 1977, 91 Stat. 337, provided that in authorizing procurement under section 101 of that Act and research and development under section 201 of that Act, Congress was asserting its readiness to consider, in accordance with the processes set forth in the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 621 et seq.] and the Budget and Accounting Act, 1921 [31 U.S.C. 1101 et seq.], such modifications in United States strategic arms programs as the President might recommend to facilitate either negotiation or agreement in the Strategic Arms Limitation Talks.
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# 10 U.S.C. § 2204 - Obligation of appropriations
## Text
To prevent overdrafts and deficiencies in the fiscal year for which appropriations are made, appropriations made to the Department of Defense or to a military department, and reimbursements thereto, are available for obligation and expenditure only under scheduled rates of obligation, or changes thereto, that have been approved by the Secretary of Defense. This section does not prohibit the Department of Defense from incurring a deficiency that it has been authorized by law to incur.
(Added Pub. L. 87651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 520.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 22045:172c.July 26, 1947, ch. 343, § 404; added Aug. 10, 1949, ch. 412, § 11 (7th par.), 63 Stat. 587. The words “on and after the beginning of the next fiscal year following August 10, 1949,” are omitted as executed. The last sentence is substituted for the proviso in 5 U.S.C. 172c.
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# 10 U.S.C. § 2205 - Reimbursements
## Text
(a) Availability of Reimbursements.— Reimbursements made to appropriations of the Department of Defense or a department or agency thereof under sections 1535 and 1536 of title 31, or other amounts paid by or on behalf of a department or agency of the Department of Defense to another department or agency of the Department of Defense, or by or on behalf of personnel of any department or organization, for services rendered or supplies furnished, may be credited to authorized accounts. Funds so credited are available for obligation for the same period as the funds in the account so credited. Such an account shall be accounted for as one fund on the books of the Department of the Treasury.
(b) Fixed Rate for Reimbursement for Certain Services.— The Secretary of Defense and the Secretaries of the military departments may charge a fixed rate for reimbursement of the costs of providing planning, supervision, administrative, or overhead services incident to any construction, maintenance, or repair project to real property or for providing facility services, irrespective of the appropriation financing the project or facility services.
(Added Pub. L. 87651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 520; amended Pub. L. 96513, title V, § 511(71), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97258, § 3(b)(4), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 103337, div. B, title XXVIII, § 2804(a), (b)(1), Oct. 5, 1994, 108 Stat. 3053.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 22055:172g.July 26, 1947, ch. 343, § 408; added Aug. 10, 1949, ch. 412, § 11 (23d par.), 63 Stat. 590. 5 U.S.C. 172g is restated to reflect more clearly its purpose to authorize the Department of Defense to operate as an integrated department by permitting supplies to be furnished and services to be rendered within and among agencies of the Department of Defense and provide that reimbursements therefor be credited to authorized accounts and be available for the same purpose and period as the accounts so credited. (See Senate Report No. 366, 81st Congress, pp. 23, 24.)
Editorial Notes
Amendments1994—Pub. L. 103337 substituted “Reimbursements” for “Availability of reimbursements” as section catchline, designated existing provisions as subsec. (a) and inserted subsec. heading, and added subsec. (b). 1982—Pub. L. 97258 substituted “sections 1535 and 1536 of title 31” for “the Act of March 4, 1915 (31 U.S.C. 686)”. 1980—Pub. L. 96513 substituted “the Act of March 4, 1915 (31 U.S.C. 686)” for “section 686 of title 31”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of this title.
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# 10 U.S.C. § 2206 - Disbursement of funds of military department to cover obligation of another agency of Department of Defense
## Text
As far as authorized by the Secretary of Defense, a disbursing official of a military department may, out of available advances, make disbursements to cover obligations in connection with any function, power, or duty of another department or agency of the Department of Defense and charge those disbursements on vouchers, to the appropriate appropriation of that department or agency. Disbursements so made shall be adjusted in settling the accounts of the disbursing official.
(Added Pub. L. 87651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 520; amended Pub. L. 97258, § 2(b)(1)(A), Sept. 13, 1982, 96 Stat. 1052.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 22065:172h.5:171n(a) (as applicable to 5:172h).July 26, 1947, ch. 343, § 409; added Aug. 10, 1949, ch. 412, § 11 (24th par.), 63 Stat. 590.  July 26, 1947, ch. 343, § 308(a) (as applicable to § 409), 61 Stat. 509. The word “agency” is substituted for the word “organization”. The last sentence is substituted for the proviso in 5 U.S.C. 172h.
Editorial Notes
Amendments1982—Pub. L. 97258 substituted “official” for “officer” wherever appearing.
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# 10 U.S.C. § 2207 - Renumbered § 4651]
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# 10 U.S.C. § 2209 - Management funds
## Text
(a) To conduct economically and efficiently the operations of the Department of Defense that are financed by at least two appropriations but whose costs cannot be immediately distributed and charged to those appropriations, there is the Army Management Fund, the Navy Management Fund, and the Air Force Management Fund, each within its respective department and under the direction of the Secretary of that department. Each such fund shall consist of a corpus of $1,000,000 and such amounts as may be appropriated thereto from time to time. An account for an operation that is to be financed by such a fund may be established only with the approval of the Secretary of Defense.
(b) Under such regulations as the Secretary of Defense may prescribe, expenditures may be made from a management fund for material (other than for stock), personal services, and services under contract. However, obligation may not be incurred against that fund if it is not chargeable to funds available under an appropriation of the department concerned or funds of another department or agency of the Department of Defense. The fund shall be promptly reimbursed from those funds for expenditures made from it.
(c) Notwithstanding any other provision of law, advances, by check or warrant, or reimbursements, may be made from available appropriations to a management fund on the basis of the estimated cost of a project. As adequate data becomes available, the estimated cost shall be revised and necessary adjustments made. Final adjustment shall be made with the appropriate funds for the fiscal year in which the advances or reimbursements are made. Except as otherwise provided by law, amounts advanced to management funds are available for obligation only during the fiscal year in which they are advanced.
(Added Pub. L. 87651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 522.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 2209(a)2209(b)2209(c)5:172e(a), (b).5:172e(c) (last sentence).5:172e(c) (less last sentence).5:172e(d).July 3, 1942, ch. 484; restated Aug. 10, 1949, ch. 412, § 11 (16th through 19th pars.), 63 Stat. 588. In subsection (a), the second sentence is substituted for the second sentence of 5 U.S.C. 172e(a) and the first sentence (less last 21 words) of 5 U.S.C. 172e(b) which are omitted as unnecessary. In subsection (c), the 13th through 33d words of 5 U.S.C. 172e(d) are omitted as surplusage.
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# 10 U.S.C. § 2210 - Proceeds of sales of supplies: credit to appropriations
## Text
(a) (1) A working-capital fund established pursuant to section 2208 of this title may retain so much of the proceeds of disposals of property referred to in paragraph (2) as is necessary to recover the expenses incurred by the fund in disposing of such property. Proceeds from the sale or disposal of such property in excess of amounts necessary to recover the expenses may be credited to current applicable appropriations of the Department of Defense.
(2) Paragraph (1) applies to disposals of supplies, material, equipment, and other personal property that were not financed by stock funds established under section 2208 of this title.
(b) Obligations may, without regard to fiscal year limitations, be incurred against anticipated reimbursements to stock funds in such amounts and for such period as the Secretary of Defense, with the approval of the President, may determine to be necessary to maintain stock levels consistently with planned operations for the next fiscal year.
(Added Pub. L. 87651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 522; amended Pub. L. 96513, title V, § 511(72), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 105261, div. A, title X, § 1009, Oct. 17, 1998, 112 Stat. 2117.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 2210(a)2210(b)5:172d1 (less proviso).5:172d1 (proviso).Aug. 1, 1953, ch. 305, § 645, 67 Stat. 357. In section (a), the words “proceeds of the disposal” are substituted for the words “moneys arising from the disposition”.
Editorial Notes
Amendments1998—Subsec. (a). Pub. L. 105261 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Current applicable appropriations of the Department of Defense may be credited with proceeds of the disposals of supplies that are not financed by stock funds established under section 2208 of this title.” 1980—Subsec. (b). Pub. L. 96513 substituted “President” for “Director of the Bureau of the Budget”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of this title.
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# 10 U.S.C. § 2211 - Reimbursement for equipment, material, or services furnished members of the United Nations
## Text
Amounts paid by members of the United Nations for equipment or materials furnished, or services performed, in joint military operations shall be credited to appropriate appropriations of the Department of Defense in the manner authorized by section 632(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2392(d)).
(Added Pub. L. 87651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 522; amended Pub. L. 96513, title V, § 511(73), Dec. 12, 1980, 94 Stat. 2926.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 22115:171m1.Jan. 6, 1951, ch. 1213, § 703, 64 Stat. 1235. The reference to section 2392(d) of title 22 is substituted for the reference to section 1574(b) of that title to reflect section 542(b) of the Act of August 26, 1954, ch. 937 (68 Stat. 861) and section 642(a)(2) and (b) of the Act of September 4, 1961, Pub. L. 87195 (75 Stat. 460).
Editorial Notes
Amendments1980—Pub. L. 96513 substituted “section 632(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2392(d))” for “section 2392(d) of title 22”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of this title.
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# 10 U.S.C. § 2212 - Renumbered § 3138]
## Notes
Editorial Notes
Prior ProvisionsA prior section 2212, added Pub. L. 100370, § 1(d)(2)(A), July 19, 1988, 102 Stat. 842, directed Secretary of Defense to maintain within each military department an accounting procedure to aid in identification and control of expenditures for contracted advisory and assistance services, prior to repeal by Pub. L. 103355, title II, § 2454(c)(1), Oct. 13, 1994, 108 Stat. 3326. Another prior section 2212, added Pub. L. 95356, title VIII, § 802(a)(1), Sept. 8, 1978, 92 Stat. 585; amended Pub. L. 97258, § 3(b)(5), Sept. 18, 1982, 96 Stat. 1063, related to transmission of annual military construction authorization request, prior to repeal by Pub. L. 97214, § 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See section 2859 of this title.
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# 10 U.S.C. § 2213 - Renumbered § 3070]
## Notes
Editorial Notes
Prior ProvisionsA prior section 2213 was renumbered section 2350c of this title.
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# 10 U.S.C. § 2214 - Transfer of funds: procedure and limitations
## Text
(a) Procedure for Transfer of Funds.— Whenever authority is provided in an appropriation Act to transfer amounts in working capital funds or to transfer amounts provided in appropriation Acts for military functions of the Department of Defense (other than military construction) between such funds or appropriations (or any subdivision thereof), amounts transferred under such authority shall be merged with and be available for the same purposes and for the same time period as the fund or appropriations to which transferred.
(b) Limitations on Programs for Which Authority May Be Used.— Such authority to transfer amounts—
(1) may not be used except to provide funds for a higher priority item, based on unforeseen military requirements, than the items for which the funds were originally appropriated; and
(2) may not be used if the item to which the funds would be transferred is an item for which Congress has denied funds.
(c) Notice to Congress.— The Secretary of Defense shall promptly notify the Congress of each transfer made under such authority to transfer amounts.
(d) Limitations on Requests to Congress for Reprogrammings.— Neither the Secretary of Defense nor the Secretary of a military department may prepare or present to the Congress, or to any committee of either House of the Congress, a request with respect to a reprogramming of funds—
(1) unless the funds to be transferred are to be used for a higher priority item, based on unforeseen military requirements, than the item for which the funds were originally appropriated; or
(2) if the request would be for authority to reprogram amounts to an item for which the Congress has denied funds.
(Added Pub. L. 101510, div. A, title XIV, § 1482(c)(1), Nov. 5, 1990, 104 Stat. 1709.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1991, see section 1482(d) of Pub. L. 101510, set out as an Effective Date of 1990 Amendment note under section 119 of this title.
Notification to Congress of Reprogramming Involving Military Construction FundsPub. L. 118159, div. B, title XXVIII, § 2810, Dec. 23, 2024, 138 Stat. 2252, provided that: “The Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of any reprogramming of funds made available for military construction not later than 14 days after the date of such reprogramming.”
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# 10 U.S.C. § 2215 - Transfer of funds to other departments and agencies: limitation
## Text
Funds available for military functions of the Department of Defense may not be made available to any other department or agency of the Federal Government pursuant to a provision of law enacted after November 29, 1989, unless, not less than 30 days before such funds are made available to such other department or agency, the Secretary of Defense submits to the congressional defense committees a certification that making those funds available to such other department or agency is in the national security interest of the United States.
(Added Pub. L. 103160, div. A, title XI, § 1106(a)(1), Nov. 30, 1993, 107 Stat. 1750; amended Pub. L. 104106, div. A, title XV, § 1502(a)(14), Feb. 10, 1996, 110 Stat. 503; Pub. L. 10665, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108375, div. A, title X, § 1084(b)(1), Oct. 28, 2004, 118 Stat. 2060.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2215, added Pub. L. 99661, div. A, title XIII, § 1307(a)(1), Nov. 14, 1986, 100 Stat. 3980, related to reports on unobligated balances, prior to repeal by Pub. L. 101510, div. A, title XIII, § 1301(7), Nov. 5, 1990, 104 Stat. 1668. Provisions similar to those in this section were contained in Pub. L. 101189, div. A, title XVI, § 1604, Nov. 29, 1989, 103 Stat. 1598, which was set out as a note under section 1531 of Title 31, Money and Finance, prior to repeal by Pub. L. 103160, § 1106(b).
Amendments2004—Pub. L. 108375 struck out subsec. (a) designation and heading before “Funds available”, substituted “congressional defense committees” for “congressional committees specified in subsection (b)”, and struck out heading and text of subsec. (b). Text of subsec. (b) read as follows: “The committees referred to in subsection (a) are— “(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and “(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.” 1999—Subsec. (b)(2). Pub. L. 10665 substituted “Committee on Armed Services” for “Committee on National Security”. 1996—Pub. L. 104106 designated existing provisions as subsec. (a), inserted heading, substituted “to the congressional committees specified in subsection (b)” for “to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives”, and added subsec. (b).
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# 10 U.S.C. § 2216 - Renumbered § 3136]
## Notes
Editorial Notes
Prior ProvisionsA prior section 2216, added Pub. L. 104106, div. A, title III, § 371(a)(1), Feb. 10, 1996, 110 Stat. 277, was renumbered section 2216a of this title and subsequently repealed. Another prior section 2216, added Pub. L. 99661, div. A, title XIII, § 1307(a)(1), Nov. 14, 1986, 100 Stat. 3980, related to annual reports on budgeting for inflation, prior to repeal by Pub. L. 101510, div. A, title XIII, § 1301(8), Nov. 5, 1990, 104 Stat. 1668.
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# 10 U.S.C. § 2216a - Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund
## Text
(a) Establishment.— There is established in the Treasury an account to be known as the “Joint Urgent Operational Needs Fund” (in this section referred to as the “Fund”).
(b) Elements.— The Fund shall consist of the following:
(1) Amounts appropriated to the Fund.
(2) Amounts transferred to the Fund.
(3) Any other amounts made available to the Fund by law.
(c) Use of Funds.— (1) Amounts in the Fund shall be available to the Secretary of Defense for capabilities that are determined by the Secretary, pursuant to the review process required by Department of Defense Instruction 5000.81 (or any successor instruction), dated December 31, 2019, and titled “Urgent Capability Acquisition”, to be suitable for rapid fielding in response to urgent operational needs.
(2) The Secretary shall establish a merit-based process for identifying equipment, supplies, services, training, and facilities suitable for funding through the Fund.
(3) Nothing in this section shall be interpreted to require or enable any official of the Department of Defense to provide funding under this section pursuant to a congressional earmark, as defined in clause 9 of Rule XXI of the Rules of the House of Representatives, or a congressionally directed spending item, as defined in paragraph 5 of Rule XLIV of the Standing Rules of the Senate.
(d) Transfer Authority.— (1) Amounts in the Fund may be transferred by the Secretary of Defense from the Fund to any of the following accounts of the Department of Defense to accomplish the purpose stated in subsection (c):
(A) Operation and maintenance accounts.
(B) Procurement accounts.
(C) Research, development, test, and evaluation accounts.
(2) Upon determination by the Secretary that all or part of the amounts transferred from the Fund under paragraph (1) are not necessary for the purpose for which transferred, such amounts may be transferred back to the Fund.
(3) The transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount so transferred.
(4) The transfer authority provided by paragraphs (1) and (2) is in addition to any other transfer authority available to the Department of Defense by law.
(e) Sunset.— The authority to make expenditures or transfers from the Fund shall expire on September 30, 2018.
(Added Pub. L. 11281, div. A, title VIII, § 846(a)(1), Dec. 31, 2011, 125 Stat. 1516; amended Pub. L. 112239, div. A, title X, § 1076(e)(2), Jan. 2, 2013, 126 Stat. 1951; Pub. L. 113291, div. A, title VIII, § 860, Dec. 19, 2014, 128 Stat. 3461; Pub. L. 117263, div. A, title VIII, § 804(d)(1), Dec. 23, 2022, 136 Stat. 2701.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2216a, added Pub. L. 104106, div. A, title III, § 371(a)(1), Feb. 10, 1996, 110 Stat. 277, § 2216; renumbered § 2216a and amended Pub. L. 104201, div. A, title III, §§ 363(c), 364, title X, § 1074(a)(10), Sept. 23, 1996, 110 Stat. 2493, 2494, 2659, related to Defense Business Operations Fund, prior to repeal by Pub. L. 105261, div. A, title X, § 1008(b), Oct. 17, 1998, 112 Stat. 2117.
Amendments2022—Subsec. (c)(1). Pub. L. 117263 substituted “Department of Defense Instruction 5000.81 (or any successor instruction), dated December 31, 2019, and titled Urgent Capability Acquisition ” for “section 804(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302 note)”. 2014—Subsec. (e). Pub. L. 113291 substituted “September 30, 2018” for “September 30, 2015”. 2013—Subsec. (e). Pub. L. 112239 substituted “on September 30, 2015.” for “on the last day of the third fiscal year that begins after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012.”
Statutory Notes and Related Subsidiaries
Limitation on Commencement of Expenditures From FundPub. L. 11281, div. A, title VIII, § 846(b), Dec. 31, 2011, 125 Stat. 1517, provided that: “No expenditure may be made from the Joint Urgent Operational Needs Fund established by section 2216a of title 10, United States Code (as added by subsection (a)), until the Secretary of Defense certifies to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that the Secretary has developed and implemented an expedited review process in compliance with the requirements of section 804 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111383; 124 Stat. 4256; 10 U.S.C. 2302 note).”
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# 10 U.S.C. § 2217 - Renumbered § 3135]
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# 10 U.S.C. § 2218a - National Sea-Based Deterrence Fund
## Text
(a) Establishment.— There is established in the Treasury of the United States a fund to be known as the “National Sea-Based Deterrence Fund”.
(b) Administration of Fund.— The Secretary of Defense shall administer the Fund consistent with the provisions of this section.
(c) Fund Purposes.— (1) Funds in the Fund shall be available for obligation and expenditure only for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.
(2) Funds in the Fund may not be used for a purpose or program unless the purpose or program is authorized by law.
(d) Deposits.— There shall be deposited in the Fund all funds appropriated to the Department of Defense for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.
(e) Expiration of Funds After 5 Years.— No part of an appropriation that is deposited in the Fund pursuant to subsection (d) shall remain available for obligation more than five years after the end of fiscal year for which appropriated except to the extent specifically provided by law.
(f) Authority to Enter Into Economic Order Quantity Contracts.— (1) The Secretary of the Navy may use funds deposited in the Fund to enter into contracts known as “economic order quantity contracts” with private shipyards and other commercial or government entities to achieve economic efficiencies based on production economies for major components or subsystems. The authority under this subsection extends to the procurement of parts, components, and systems (including weapon systems) common with and required for other nuclear powered vessels under joint economic order quantity contracts.
(2) A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.
(g) Authority to Begin Manufacturing and Fabrication Efforts Prior to Ship Authorization.— (1) The Secretary of the Navy may use funds deposited into the Fund to enter into contracts for advance construction of national sea-based deterrence vessels to support achieving cost savings through workload management, manufacturing efficiencies, or workforce stability, or to phase fabrication activities within shipyard and manage sub-tier manufacturer capacity.
(2) A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.
(h) Authority to Use Incremental Funding to Enter Into Contracts for Certain Items.— (1) The Secretary of the Navy may use funds deposited into the Fund to enter into incrementally funded contracts for—
(A) advance procurement of high value, long lead time items for nuclear powered vessels to better support construction schedules and achieve cost savings through schedule reductions and properly phased installment payments; and
(B) construction of the first two Columbia class submarines.
(2) A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.
(i) Authority for Multiyear Procurement of Critical Components to Support Continuous Production.— (1) To implement the continuous production of critical components, the Secretary of the Navy may use funds deposited in the Fund, in conjunction with funds appropriated for the procurement of other nuclear-powered vessels, to enter into one or more multiyear contracts (including economic ordering quantity contracts), for the procurement of critical contractor-furnished and Government-furnished components for critical components of national sea-based deterrence vessels. The authority under this subsection extends to the procurement of equivalent critical components common with and required for other nuclear-powered vessels.
(2) In each annual budget request submitted to Congress, the Secretary shall clearly identify funds requested for critical components and the individual ships and programs for which such funds are requested.
(3) Any contract entered into pursuant to paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose and that the total liability to the Government for the termination of the contract shall be limited to the total amount of funding obligated for the contract as of the date of the termination.
(j) Budget Requests.— Budget requests submitted to Congress for the Fund shall separately identify the amount requested for programs, projects, and activities for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.
(k) Definitions.— In this section:
(1) The term “Fund” means the National Sea-Based Deterrence Fund established by subsection (a).
(2) The term “national sea-based deterrence vessel” means any submersible vessel constructed or purchased after fiscal year 2016 that is owned, operated, or controlled by the Department of Defense and that carries operational intercontinental ballistic missiles.
(3) The term “critical component” means any of the following:
(A) A common missile compartment component.
(B) A spherical air flask.
(C) An air induction diesel exhaust valve.
(D) An auxiliary seawater valve.
(E) A hovering valve.
(F) A missile compensation valve.
(G) A main seawater valve.
(H) A launch tube.
(I) A trash disposal unit.
(J) A logistics escape trunk.
(K) A torpedo tube.
(L) A weapons shipping cradle weldment.
(M) A control surface.
(N) A launcher component.
(O) A propulsor.
(P) Major bulkheads and tanks.
(Q) All major pumps and motors.
(R) Large vertical array.
(S) Atmosphere control equipment.
(T) Diesel systems and components.
(U) Hydraulic valves and components.
(V) Bearings.
(W) Major air and blow valves and components.
(X) Decks and superstructure.
(Y) Castings, forgings, and tank structure.
(Z) Hatches and hull penetrators.
(Added Pub. L. 113291, div. A, title X, § 1022(a)(1), Dec. 19, 2014, 128 Stat. 3486; amended Pub. L. 11492, div. A, title X, § 1022(a), Nov. 25, 2015, 129 Stat. 965; Pub. L. 114328, div. A, title X, § 1023, Dec. 23, 2016, 130 Stat. 2388; Pub. L. 11591, div. A, title X, § 1022, Dec. 12, 2017, 131 Stat. 1548; Pub. L. 116283, div. A, title X, § 1023(a), Jan. 1, 2021, 134 Stat. 3840; Pub. L. 11831, div. A, title X, § 1016, Dec. 22, 2023, 137 Stat. 382.)
## Notes
Editorial Notes
Amendments2023—Subsec. (k)(3)(P) to (Z). Pub. L. 11831 added subpars. (P) to (Z). 2021—Subsec. (h)(1). Pub. L. 116283 substituted “incrementally funded contracts for—” for “incrementally funded contracts for advance procurement of high value, long lead time items for nuclear powered vessels to better support construction schedules and achieve cost savings through schedule reductions and properly phased installment payments.” and added subpars. (A) and (B). 2017—Subsec. (i). Pub. L. 11591, § 1022(c), struck out “of the Common Missile Compartment” after “Continuous Production” in heading. Subsec. (i)(1). Pub. L. 11591, § 1022(a)(2), substituted “equivalent critical components” for “equivalent critical parts, components, systems, and subsystems”. Pub. L. 11591, § 1022(a)(1), which directed the substitution of “critical components” for “the common missile compartment” wherever appearing, was executed by making the substitution for “the common missile compartment” the first time appearing and for “the common missile compartments” the second time appearing, to reflect the probable intent of Congress. Subsec. (i)(2). Pub. L. 11591, § 1022(a)(1), substituted “critical components” for “the common missile compartment”. Subsec. (k)(3). Pub. L. 11591, § 1022(b), added par. (3). 2016—Subsecs. (i), (j). Pub. L. 114328, § 1023(a), added subsec. (i) and redesignated former subsec. (i) as (j). Former subsec. (j) redesignated (k). Subsec. (k). Pub. L. 114328, § 1023(a)(1), redesignated subsec. (j) as (k). Subsec. (k)(2). Pub. L. 114328, § 1023(b), substituted “any submersible vessel constructed or purchased after fiscal year 2016 that is” for “any vessel” and inserted “and” before “that carries”. 2015—Subsecs. (f) to (j). Pub. L. 11492 added subsecs. (f) to (h) and redesignated former subsecs. (f) and (g) as (i) and (j), respectively.
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# 10 U.S.C. § 2219 - Grants for improvement of Navy ship repair or alterations capability
## Text
(a) Assistance Authorized.— (1) Subject to the availability of appropriations, the Secretary of the Navy may make grants to an eligible entity for the purpose of carrying out—
(A) a capital improvement project; or
(B) a maritime training program designed to foster technical skills and operational productivity.
(2) The amount of a grant under this section may not exceed 75 percent of the total cost of the project or program funded by the grant.
(3) A grant provided under this section may not be used to construct buildings or other physical facilities, except for piers, dry docks, and structures in support of piers and dry docks, or to acquire land.
(4) The Secretary may not award a grant to an eligible entity under this section unless the Secretary determines that—
(A) the entity has access to sufficient non-Federal funding to meet the requirement under paragraph (2);
(B) the entity has authority to carry out the proposed project; and
(C) the project or program would improve—
(i) efficiency, competitive operations, capability, or quality of United States Navy ship repair or alterations; or
(ii) employee, or potential employee, skills and enhanced productivity related to United States Navy ship repair or alterations.
(b) Eligibility.— To be eligible for a grant under this section, an entity shall—
(1) be a shipyard or other entity that provides ship repair or alteration for non-nuclear ships;
(2) submit an application, at such time, in such form, and containing such information and assurances as the Secretary may require, including a comprehensive description of—
(A) the need for the project or program proposed to be funded under the grant;
(B) the methodology to be used to implement the project or program; and
(C) any existing programs or arrangements that could be used to supplement or leverage a grant provided under this section; and
(3) enter into an agreement with the Secretary under which the entity agrees—
(A) to complete the project or program funded by the grant within a certain timeframe and without unreasonable delay and the Secretary determines such project or program is likely to be completed within the timeframe provided in such agreement;
(B) to return to the Secretary any amount of the grant that is—
(i) not used by the grant recipient for the purpose for which the grant was awarded; or
(ii) not obligated or expended within the timeframe provided in the agreement;
(C) to maintain such records as the Secretary may require and make such records available for review and audit by the Secretary; and
(D) not to purchase any product or material for the project or program using grant funds, including any commercially available off-the-shelf item, unless such product or material is—
(i) an unmanufactured article, material, or supply that has been mined or produced in the United States; or
(ii) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.
(c) Guidelines.— The Secretary shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that—
(1) amounts awarded as grants under this section are used for the purposes for which such amounts were made available; and
(2) an entity that receives a grant under this section complies with the terms of the agreement such entity enters into with the Secretary pursuant to subsection (b)(3).
(d) Definitions.— In this section:
(1) The term “commercially available off-the-shelf item”—
(A) means any item of supply (including construction material) that is—
(i) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024); and
(ii) sold in substantial quantities in the commercial marketplace; and
(B) does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum products.
(2) The term “product or material”, with respect to a project or program—
(A) means an article, material, or supply brought to the site where the project or program is being carried out for incorporation into the project or program; and
(B) includes an item brought to the site preassembled from articles, materials, or supplies.
(3) The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
(Added Pub. L. 11831, div. A, title X, § 1017, Dec. 22, 2023, 137 Stat. 382.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsec. (d)(1)(A)(i), is the date of enactment of Pub. L. 11831, which was approved Dec. 22, 2023.
Prior ProvisionsA prior section 2219 was renumbered section 2491c of this title.
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# 10 U.S.C. § 2220 - Performance based management: acquisition programs
## Text
(a) Establishment of Goals.— The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs.
(b) Evaluation of Cost Goals.— The Under Secretary of Defense (Comptroller) shall evaluate the cost goals proposed for each major defense acquisition program of the Department.
(c) Sunset.— The authority under this section shall terminate on September 30, 2018.
(Added Pub. L. 103355, title V, § 5001(a)(1), Oct. 13, 1994, 108 Stat. 3349; amended Pub. L. 104106, div. A, title XV, § 1503(a)(20), div. D, title XLIII, § 4321(b)(1), Feb. 10, 1996, 110 Stat. 512, 671; Pub. L. 10585, div. A, title VIII, § 841(a), Nov. 18, 1997, 111 Stat. 1843; Pub. L. 107314, div. A, title X, § 1041(a)(8), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 114328, div. A, title VIII, § 833(a)(2), Dec. 23, 2016, 130 Stat. 2283.)
## Notes
Editorial Notes
Amendments2016—Subsec. (c). Pub. L. 114328 added subsec. (c). 2002—Subsec. (a). Pub. L. 107314, § 1041(a)(8)(B), (C), struck out par. (1) designation and redesignated par. (2) as subsec. (b). Subsec. (b). Pub. L. 107314, § 1041(a)(8)(A), (C), redesignated subsec. (a)(2) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “The Secretary of Defense shall include in the annual report submitted to Congress pursuant to section 113(c) of this title an assessment of whether major acquisition programs of the Department of Defense are achieving, on average, 90 percent of cost, performance, and schedule goals established pursuant to subsection (a) and whether the average period for converting emerging technology into operational capability has decreased by 50 percent or more from the average period required for such conversion as of October 13, 1994. The Secretary shall use data from existing management systems in making the assessment.” Subsec. (c). Pub. L. 107314, § 1041(a)(8)(A), struck out heading and text of subsec. (c). Text read as follows: “Whenever the Secretary of Defense, in the assessment required by subsection (b), determines that major defense acquisition programs of the Department of Defense are not achieving, on average, 90 percent of cost, performance, and schedule goals established pursuant to subsection (a), the Secretary shall ensure that there is a timely review of major defense acquisition programs and other programs as appropriate. In conducting the review, the Secretary shall— “(1) determine whether there is a continuing need for programs that are significantly behind schedule, over budget, or not in compliance with performance or capability requirements; and “(2) identify suitable actions to be taken, including termination, with respect to such programs.” 1997—Subsec. (b). Pub. L. 10585 substituted “whether major acquisition programs” for “whether major and nonmajor acquisition programs”. 1996—Subsec. (a)(2). Pub. L. 104106, § 1503(a)(20), substituted “Under Secretary of Defense (Comptroller)” for “Comptroller of the Department of Defense”. Subsec. (b). Pub. L. 104106, § 4321(b)(1), substituted “October 13, 1994” for “the date of the enactment of the Federal Acquisition Streamlining Act of 1994”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104106, div. D, title XLIV, § 4401, Feb. 10, 1996, 110 Stat. 678, provided that: “(a) Effective Date.—Except as otherwise provided in this division [div. D (§§ 40014402) of Pub. L. 104106, see Tables for classification], this division and the amendments made by this division shall take effect on the date of the enactment of this Act [Feb. 10, 1996]. “(b) Applicability of Amendments.—“(1) Solicitations, unsolicited proposals, and related contracts.—An amendment made by this division shall apply, in the manner prescribed in the final regulations promulgated pursuant to section 4402 [110 Stat. 678] to implement such amendment, with respect to any solicitation that is issued, any unsolicited proposal that is received, and any contract entered into pursuant to such a solicitation or proposal, on or after the date described in paragraph (3). “(2) Other matters.—An amendment made by this division shall also apply, to the extent and in the manner prescribed in the final regulations promulgated pursuant to section 4402 to implement such amendment, with respect to any matter related to—“(A) a contract that is in effect on the date described in paragraph (3); “(B) an offer under consideration on the date described in paragraph (3); or “(C) any other proceeding or action that is ongoing on the date described in paragraph (3). “(3) Demarcation date.—The date referred to in paragraphs (1) and (2) is the date specified in such final regulations. The date so specified shall be January 1, 1997, or any earlier date that is not within 30 days after the date on which such final regulations are published.”
Pilot Programs for Testing Program Manager Performance of Product Support Oversight Responsibilities for Life Cycle of Acquisition ProgramsPub. L. 105261, div. A, title VIII, § 816, Oct. 17, 1998, 112 Stat. 2088, authorized the Secretary of Defense to designate 10 acquisition programs of the military departments as pilot programs on program manager responsibility for product support and required report to Congress by Feb. 1, 1999.
Enhanced System of Performance IncentivesPub. L. 103355, title V, § 5001(b), Oct. 13, 1994, 108 Stat. 3350, provided that, within one year after Oct. 13, 1994, the Secretary of Defense should review the incentives and personnel actions available for encouraging excellence in the management of defense acquisition programs and provide an enhanced system of incentives, including pay for performance, to facilitate the achievement of goals approved or defined pursuant to subsec. (a) of this section.
Recommended LegislationPub. L. 103355, title V, § 5001(c), Oct. 13, 1994, 108 Stat. 3350, directed the Secretary of Defense, not later than one year after Oct 13, 1994, to submit to Congress any recommended legislation that the Secretary considered necessary to carry out this section and otherwise to facilitate and enhance management of Department of Defense acquisition programs on the basis of performance.
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# 10 U.S.C. § 2221 - Repealed. Pub. L. 105261, div. A, title IX, § 906(f)(1), Oct. 17, 1998, 112 Stat. 2096]
## Notes
Section, added Pub. L. 104106, div. A, title IX, § 914(a)(1), Feb. 10, 1996, 110 Stat. 412; amended Pub. L. 104201, div. A, title X, § 1008(a), Sept. 23, 1996, 110 Stat. 2633; Pub. L. 10585, div. A, title X, § 1006(a), Nov. 18, 1997, 111 Stat. 1869; Pub. L. 105261, div. A, title X, § 1069(b)(2), Oct. 17, 1998, 112 Stat. 2136, related to Fisher House trust funds. See section 2493 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective 90 days after Oct. 17, 1998, see section 906(f)(3) of Pub. L. 105261, set out as an Effective Date of 1998 Amendment note under section 1321 of Title 31, Money and Finance.
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# 10 U.S.C. § 2223a - Renumbered § 4571]
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# 10 U.S.C. § 2224a - Information security: continued applicability of expiring Governmentwide requirements to the Department of Defense
## Text
(a) In General.— The provisions of subchapter II 11 See References in Text note below. of chapter 35 of title 44 shall continue to apply through September 30, 2004, with respect to the Department of Defense, notwithstanding the expiration of authority under section 3536 1 of such title.
(b) Responsibilities.— In administering the provisions of subchapter II 1 of chapter 35 of title 44 with respect to the Department of Defense after the expiration of authority under section 3536 1 of such title, the Secretary of Defense shall perform the duties set forth in that subchapter for the Director of the Office of Management and Budget.
(Added Pub. L. 107314, div. A, title X, § 1052(b)(1), Dec. 2, 2002, 116 Stat. 2648.)
## Notes
Editorial Notes
References in TextProvisions relating to the expiration of authority of subchapter II of chapter 35 of title 44, referred to in text, did not appear in section 3536 of title 44 subsequent to the general revision of subchapter II by Pub. L. 107296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2259. Subchapter II, as revised by Pub. L. 107296, was repealed and a new subchapter II enacted by Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3073.
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# 10 U.S.C. § 2225 - Insider threat detection
## Text
(a) Program Required.— The Secretary of Defense shall establish a program for information sharing protection and insider threat mitigation for the information systems of the Department of Defense to detect unauthorized access to, use of, or transmission of classified or controlled unclassified information.
(b) Elements.— The program established under subsection (a) shall include the following:
(1) Technology solutions for deployment within the Department of Defense that allow for centralized monitoring and detection of unauthorized activities, including—
(A) monitoring the use of external ports and read and write capability controls;
(B) disabling the removable media ports of computers physically or electronically;
(C) electronic auditing and reporting of unusual and unauthorized user activities;
(D) using data-loss prevention and data-rights management technology to prevent the unauthorized export of information from a network or to render such information unusable in the event of the unauthorized export of such information;
(E) a roles-based access certification system;
(F) cross-domain guards for transfers of information between different networks; and
(G) patch management for software and security updates.
(2) Policies and procedures to support such program, including special consideration for policies and procedures related to international and interagency partners and activities in support of ongoing operations in areas of hostilities.
(3) A governance structure and process that integrates information security and sharing technologies with the policies and procedures referred to in paragraph (2). Such structure and process shall include—
(A) coordination with the existing security clearance and suitability review process;
(B) coordination of existing anomaly detection techniques, including those used in counterintelligence investigation or personnel screening activities; and
(C) updating and expediting of the classification review and marking process.
(4) A continuing analysis of—
(A) gaps in security measures under the program; and
(B) technology, policies, and processes needed to increase the capability of the program beyond the initially established full operating capability to address such gaps.
(5) A baseline analysis framework that includes measures of performance and effectiveness.
(6) A plan for how to ensure related security measures are put in place for other departments or agencies with access to Department of Defense networks.
(7) A plan for enforcement to ensure that the program is being applied and implemented on a uniform and consistent basis.
(Added Pub. L. 11960, div. A, title XVI, § 1623(a), Dec. 18, 2025, 139 Stat. 1183.)
## Notes
Editorial Notes
Codification Text of section, as added by Pub. L. 11960, is based on text of subsecs. (a) and (b) of section 922 of Pub. L. 11281, div. A, title IX, Dec. 31, 2011, 125 Stat. 1537, which was formerly set out in a note under section 2224 of this title, prior to repeal by Pub. L. 11960, div. A, title XVI, § 1623(b), Dec. 18, 2025, 139 Stat. 1183.
Prior ProvisionsA prior section 2225, added Pub. L. 106398, § 1 [[div. A], title VIII, § 812(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A212; amended Pub. L. 108178, § 4(b)(2), Dec. 15, 2003, 117 Stat. 2640; Pub. L. 109364, div. A, title X, § 1071(a)(2), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 111350, § 5(b)(6), Jan. 4, 2011, 124 Stat. 3842, related to tracking and management of information technology purchases, prior to repeal by Pub. L. 114328, div. A, title VIII, § 833(b)(2)(A), Dec. 23, 2016, 130 Stat. 2284.
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# 10 U.S.C. § 2226 - Renumbered § 4602]
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# 10 U.S.C. § 2229 - Strategic policy on prepositioning of materiel and equipment
## Text
(a) Policy Required.— (1) In general.— The Secretary of Defense shall maintain a strategic policy on the programs of the Department of Defense for prepositioned materiel and equipment. Such policy shall take into account national security threats, strategic mobility, service requirements, support for crisis response elements, and the requirements of the combatant commands, and shall address how the Departments prepositioning programs, both ground and afloat, align with national defense strategies and departmental priorities.
(2) Elements.— The strategic policy required under paragraph (1) shall include the following elements:
(A) Overarching strategic guidance concerning planning and resource priorities that link the Department of Defenses current and future needs for prepositioned stocks, such as desired responsiveness, to evolving national defense objectives.
(B) A description of the Departments vision for prepositioning programs and the desired end state.
(C) Specific interim goals demonstrating how the vision and end state will be achieved.
(D) A description of the strategic environment, requirements for, and challenges associated with, prepositioning.
(E) Metrics for how the Department will evaluate the extent to which prepositioned assets are achieving defense objectives.
(F) A framework for joint departmental oversight that reviews and synchronizes the military services prepositioning strategies to minimize potentially duplicative efforts and maximize efficiencies in prepositioned materiel and equipment across the Department of Defense.
(3) Joint oversight.— The Secretary of Defense shall establish joint oversight of the military services prepositioning efforts to maximize efficiencies across the Department of Defense.
(b) Limitation of Diversion of Prepositioned Materiel.— The Secretary of a military department may not divert materiel or equipment from prepositioned stocks except—
(1) in accordance with a change made by the Secretary of Defense to the policy maintained under subsection (a); or
(2) for the purpose of directly supporting a contingency operation or providing humanitarian assistance under chapter 20 of this title.
(c) Congressional Notification.— The Secretary of Defense may not implement or change the policy required under subsection (a) until the Secretary submits to the congressional defense committees a report describing the policy or change to the policy.
(d) Annual Certification.— (1) Not later than the date of the submission of the Presidents budget request for a fiscal year under section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a certification in writing that the prepositioned stocks of each of the military departments meet all operations plans, in both fill and readiness, that are in effect as of the date of the submission of the certification.
(2) If, for any year, the Secretary cannot certify that any of the prepositioned stocks meet such operations plans, the Secretary shall include with the certification for that year a list of the operations plans affected, a description of any measures that have been taken to mitigate any risk associated with prepositioned stock shortfalls, and an anticipated timeframe for the replenishment of the stocks.
(3) A certification under this subsection shall be in an unclassified form but may have a classified annex.
(Added Pub. L. 109364, div. A, title III, § 351(a), Oct. 17, 2006, 120 Stat. 2160; amended Pub. L. 11281, div. A, title III, § 341(a), Dec. 31, 2011, 125 Stat. 1369; Pub. L. 11366, div. A, title III, § 321(a), Dec. 26, 2013, 127 Stat. 730; Pub. L. 113291, div. A, title III, § 322, Dec. 19, 2014, 128 Stat. 3343; Pub. L. 11492, div. A, title X, § 1081(a)(8), Nov. 25, 2015, 129 Stat. 1001.)
## Notes
Editorial Notes
Amendments2015—Subsec. (d)(1). Pub. L. 11492 substituted “a certification in writing” for “certification in writing”. 2014—Subsec. (a)(1). Pub. L. 113291 inserted “support for crisis response elements,” after “service requirements,”. 2013—Subsec. (a). Pub. L. 11366 amended subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Defense shall maintain a strategic policy on the programs of the Department of Defense for the prepositioning of materiel and equipment. Such policy shall take into account national security threats, strategic mobility, service requirements, and the requirements of the combatant commands.” 2011—Subsec. (d). Pub. L. 11281 added subsec. (d).
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (d) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114328, set out as a note under section 111 of this title.
Plans Regarding Condition and Maintenance of Prepositioned Stockpiles of Navy, Marine Corps, and Air ForcePub. L. 118159, div. A, title III, § 333, Dec. 23, 2024, 138 Stat. 1855, provided that: “(a) Plan Required.—“(1) In general.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of the Navy and the Secretary of the Air Force shall each develop a plan to improve the required inspection procedures for the prepositioned stockpiles of the Armed Force concerned, for the purpose of identifying deficiencies and conducting maintenance repairs at levels necessary to ensure such prepositioned stockpiles are mission capable. “(2) Additional requirements for navy and marine corps plan.—The plan of the Secretary of the Navy required under paragraph (1) shall include—“(A) an analysis of the readiness of ships of the Navy and Marine Corps that hold or facilitate the off-loading of prepositioned stockpiles; and “(B) suggestions for improving inspection procedures of such ships. “(b) Implementation.—Not later than 30 days after the date on which the Secretary concerned completes the development of a plan under subsection (a), and not less frequently than twice each year thereafter for the three-year period beginning on the date of the enactment of this Act, the Secretary concerned shall inspect the prepositioned stockpiles of the Armed Force concerned in accordance with the procedures under such plan. “(c) Briefings.—“(1) Briefing on plan.—Not later than 120 days after the date of the enactment of this Act, each Secretary concerned shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the plan of the Secretary developed under subsection (a). “(2) Briefings on status of prepositioned stockpiles.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for the three-year period beginning on the date of the enactment of this Act, each Secretary concerned shall provide to the congressional defense committees a briefing on the status and condition of the prepositioned stockpiles of the Armed Force concerned. “(d) Definitions.—In this section:“(1) The term Armed Force concerned means—“(A) the Navy and the Marine Corps, with respect to the Secretary of the Navy; “(B) the Air Force, with respect to the Secretary of the Air Force. “(2) The term Secretary concerned means—“(A) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and “(B) the Secretary of the Air Force, with respect to matters concerning the Air Force.”
Pre-Positioned Stocks of Finished Defense Textile ArticlesPub. L. 118159, div. A, title III, § 336, Dec. 23, 2024, 138 Stat. 1856, provided that: “(a) In General.—The Secretary of Defense may establish pre-positioned stocks of finished defense textile articles, such as uniforms and protective gear, to support the rapid mobilization and sustainment of members of the Armed Forces during a contingency operation. “(b) Plan to Reduce Delays.—The Secretary shall develop a plan for phasing in and targeting policy changes relating to defense textile articles to reduce delinquencies and mitigate delays between policy decisions that may result in the miscalculation of stockpiling in order to ensure ample finished textiles are available to prevent a scenario in which the demand for certain articles is ramping down by the time the supply chain can ramp up to meet the need.”
Plan Regarding Condition and Maintenance of Prepositioned Stockpiles of the ArmyPub. L. 11831, div. A, title III, § 349, Dec. 22, 2023, 137 Stat. 228, provided that: “(a) Plan Required.—Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of the Army shall develop a plan to improve the required inspection procedures for the prepositioned stockpiles of the Army, for the purpose of identifying deficiencies and conducting maintenance repairs at levels necessary to ensure such prepositioned stockpiles are mission-capable. “(b) Implementation.—Not later than 30 days after the date on which the Secretary completes the development of the plan under subsection (a), and not less frequently than twice each year thereafter for the three-year period beginning on the date of the enactment of this Act, the Secretary shall inspect the prepositioned stockpiles of the Army in accordance with the procedures under such plan. “(c) Briefings.—“(1) Briefing on plan.—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the plan developed under subsection (a). “(2) Briefings on status of prepositioned stockpiles.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for the three-year period beginning on the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing on the status and condition of the prepositioned stockpiles of the Army.”
Implementation Plan and ReportPub. L. 11366, div. A, title III, § 321(b), (c), Dec. 26, 2013, 127 Stat. 731, 732, as amended by Pub. L. 113291, div. A, title III, § 324, Dec. 19, 2014, 128 Stat. 3343, provided that: “(b) Implementation Plan.—“(1) In general.—Not later than 120 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for implementation of the prepositioning strategic policy required under section 2229(a) of title 10, United States Code, as amended by subsection (a). “(2) Elements.—The implementation plan required under paragraph (1) shall include the following elements:“(A) Detailed guidance for how the Department of Defense will achieve the vision, end state, and goals outlined in the strategic policy. “(B) A comprehensive list of the Departments prepositioned materiel and equipment programs. “(C) A detailed description of how the plan will be implemented. “(D) A schedule with milestones for the implementation of the plan. “(E) An assignment of roles and responsibilities for the implementation of the plan. “(F) A description of the resources required to implement the plan. “(G) A description of how the plan will be reviewed and assessed to monitor progress. “(c) Comptroller General Report.—“(1) Initial report.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall review the implementation plan submitted under subsection (b) and the prepositioning strategic policy required under section 2229(a) of title 10, United States Code, as amended by subsection (a), and submit to the congressional defense committees a report describing the findings of such review and including any additional information relating to the propositioning strategic policy and plan that the Comptroller General determines appropriate. “(2) Progress reports.—Not later than one year after submitting the report required under paragraph (1), and annually thereafter for two years, the Comptroller General shall submit to the congressional defense committees a report assessing the progress of the Department of Defense in implementing its strategic policy and plan for its prepositioned stocks and including any additional information related to the Departments management of its prepositioned stocks that the Comptroller General determines appropriate.”
Deadline for Establishment of PolicyPub. L. 109364, div. A, title III, § 351(c), Oct. 17, 2006, 120 Stat. 2160, provided that: “(1) Deadline.—Not later than six months after the date of the enactment of this Act [Oct. 17, 2006], the Secretary of Defense shall establish the strategic policy on the programs of the Department of Defense for the prepositioning of materiel and equipment required under section 2229 of title 10, United States Code, as added by subsection (a). “(2) Limitation on diversion of prepositioned materiel.—During the period beginning on the date of the enactment of this Act [Oct. 17, 2006] and ending on the date on which the Secretary of Defense submits the report required under section 2229(c) of title 10, United States Code, on the policy referred to in paragraph (1), the Secretary of a military department may not divert materiel or equipment from prepositioned stocks except for the purpose of directly supporting a contingency operation or providing humanitarian assistance under chapter 20 of that title.”
Improving Department of Defense Support for Civil AuthoritiesPub. L. 109364, div. A, title III, § 359, Oct. 17, 2006, 120 Stat. 2164, provided that: “(a) Consultation.—In the development of concept plans for the Department of Defense for providing support to civil authorities, the Secretary of Defense may consult with the Secretary of Homeland Security and State governments. “(b) Prepositioning of Department of Defense Assets.—The Secretary of Defense may provide for the prepositioning of prepackaged or preidentified basic response assets, such as medical supplies, food and water, and communications equipment, in order to improve the ability of the Department of Defense to rapidly provide support to civil authorities. The prepositioning of basic response assets shall be carried out in a manner consistent with Department of Defense concept plans for providing support to civil authorities and section 2229 of title 10, United States Code, as added by section 351. “(c) Reimbursement.—To the extent required by section 1535 of title 31, United States Code, or other applicable law, the Secretary of Defense shall require that the Department of Defense be reimbursed for costs incurred by the Department in the prepositioning of basic response assets under subsection (b). “(d) Military Readiness.—The Secretary of Defense shall ensure that the prepositioning of basic response assets under subsection (b) does not adversely affect the military preparedness of the United States. “(e) Procedures and Guidelines.—The Secretary may develop procedures and guidelines applicable to the prepositioning of basic response assets under subsection (b).”
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# 10 U.S.C. § 2229a - Annual report on prepositioned materiel and equipment
## Text
(a) Annual Report Required.— Not later than the date of the submission of the Presidents budget request for a fiscal year under section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the materiel in the prepositioned stocks as of the end of the fiscal year preceding the fiscal year during which the report is submitted. Each report shall be unclassified and may contain a classified annex. Each report shall include the following information:
(1) The level of fill for major end items of equipment and spare parts in each prepositioned set as of the end of the fiscal year covered by the report.
(2) The material condition of equipment in the prepositioned stocks as of the end of such fiscal year, grouped by category or major end item.
(3) A list of major end items of equipment drawn from the prepositioned stocks during such fiscal year and a description of how that equipment was used and whether it was returned to the stocks after being used.
(4) A timeline for completely reconstituting any shortfall in the prepositioned stocks.
(5) An estimate of the amount of funds required to completely reconstitute any shortfall in the prepositioned stocks and a description of the Secretarys plan for carrying out such complete reconstitution.
(6) A list of any operations plan affected by any shortfall in the prepositioned stocks and a description of any action taken to mitigate any risk that such a shortfall may create.
(7) A list of any non-standard items slated for inclusion in the prepositioned stocks and a plan for funding the inclusion and sustainment of such items.
(8) A list of any equipment used in support of contingency operations slated for retrograde and subsequent inclusion in the prepositioned stocks.
(9) An efficiency strategy for limited shelf-life medical stock replacement.
(10) The status of efforts to develop a joint strategy, integrate service requirements, and eliminate redundancies.
(11) The operational planning assumptions used in the formulation of prepositioned stock levels and composition.
(12) A list of any strategic plans affected by changes to the levels, composition, or locations of the prepositioned stocks and a description of any action taken to mitigate any risk that such changes may create.
(b) Comptroller General Review.— (1) The Comptroller General shall review each report submitted under subsection (a) and, as the Comptroller General determines appropriate, submit to the congressional defense committees any additional information that the Comptroller General determines will further inform such committees on issues relating to the status of the materiel in the prepositioned stocks.
(2) The Secretary of Defense shall ensure the full cooperation of the Department of Defense with the Comptroller General for purposes of the conduct of the review required by this subsection, both before and after each report is submitted under subsection (a). The Secretary shall conduct periodic briefings for the Comptroller General on the information covered by each report required under subsection (a) and provide to the Comptroller General access to the data and preliminary results to be used by the Secretary in preparing each such report before the Secretary submits the report to enable the Comptroller General to conduct each review required under paragraph (1) in a timely manner.
(3) The requirement to conduct a review under this subsection shall terminate on September 30, 2015.
(Added Pub. L. 110181, div. A, title III, § 352(a), Jan. 28, 2008, 122 Stat. 71; amended Pub. L. 11281, div. A, title III, § 341(b), Dec. 31, 2011, 125 Stat. 1369; Pub. L. 112239, div. A, title III, § 343, Jan. 2, 2013, 126 Stat. 1700; Pub. L. 11492, div. A, title III, § 331, Nov. 25, 2015, 129 Stat. 791.)
## Notes
Editorial Notes
Amendments2015—Subsec. (a)(8). Pub. L. 11492 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “A list of any equipment used in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom slated for retrograde and subsequent inclusion in the prepositioned stocks.” 2013—Subsec. (b)(1). Pub. L. 112239 substituted “The” for “By not later than 120 days after the date on which a report is submitted under subsection (a), the” and “each report submitted under subsection (a)” for “the report”. 2011—Subsec. (a)(7) to (12). Pub. L. 11281 added pars. (7) to (12).
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114328, set out as a note under section 111 of this title.
@@ -0,0 +1,97 @@
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type: "LegalText"
title: "10 U.S.C. § 2229b"
description: "Responsibility for contested logistics posture management"
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corpus: "united_states_code"
kind: "code_section"
title_number: 10
title_name: "ARMED FORCES"
chapter_number: "131"
chapter_name: "PLANNING AND COORDINATION"
section: "2229b"
citation: "10 U.S.C. § 2229b"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 10 U.S.C. § 2229b - Responsibility for contested logistics posture management
## Text
(a) In General.— The Deputy Secretary of Defense, the Vice Chair of the Joint Chiefs of Staff, and the Commander of the United States Transportation Command shall be responsible for the integration of global contested logistics posture management. Such responsibilities shall include each of the following:
(1) Identifying vulnerabilities and risks across the Department of Defense enterprise for the core logistics capabilities of supply, maintenance operations, prepositioned stocks, deployment and distribution, health services support, engineering, logistics services, and operational service contracts.
(2) Developing and executing a strategy to mitigate the vulnerabilities and risks identified under paragraph (1).
(3) Integrating and deconflicting global contested logistics posture investment and management across the military departments, including with respect to—
(A) the locations of sites outside the continental United States at which stocks of supplies and equipment are stored as well as the composition of those stocks;
(B) the provision of adequate intra-theater sea and air capability to move material and personnel throughout the theater; and
(C) the monitoring and coordination of resourcing decisions by the military departments in support of operational plans and contingencies.
(b) Deputy Management Action Group Meetings.— In carrying out the responsibilities under subsection (a)(1) and (2), the Deputy Secretary of Defense and the Vice Chair of the Joint Chiefs of Staff shall co-chair at least two Deputy Management Action Group meetings each year, which shall be focused on contested logistics management and investment.
(c) Contested Logistics Posture Strategy.— (1) The Deputy Secretary of Defense, the Vice Chair of the Joint Chiefs of Staff, and the Commander of the United States Transportation Command, in coordination with any other Department official identified by the Secretary, shall develop and implement a strategy for carrying out the responsibilities described in subsection (a).
(2) The strategy required under paragraph (1) shall include each of the following:
(A) A description of—
(i) the locations of sites outside the continental United States at which stocks of supplies and equipment are prepositioned as of the date of the strategy;
(ii) the status and disposition of such prepositioned stocks; and
(iii) the operational or contingency plan such stocks are intended to support.
(B) An identification of—
(i) any shortcomings associated with the sites and prepositioned stocks described in subparagraph (A) that must be addressed to optimally execute operational and contingency plans; and
(ii) any additional sites, infrastructure, or equipment that may be needed to address such shortcomings and support such plans.
(C) A description of any additional funding or other resources required—
(i) to address the shortcomings identified under subparagraph (B)(i); and
(ii) to provide for the additional sites, infrastructure, and equipment identified under subparagraph (B)(ii).
(D) A prioritized list of investment recommendations for each item described in subparagraph (C).
(E) An identification of each case in which the military department concerned lacks the authority or ability to access a location outside the United States for purposes of providing logistics support as required under operational and contingency plans, set forth separately by location.
(F) An assessment of any existing and projected threats to sites outside the continental United States that are expected to support such operational and contingency plans.
(3) The strategy required under paragraph (1) shall cover the period of two years following the date of the strategy and shall be updated on an biennial basis.
(d) Quarterly Briefings.— Not later than 180 days after the date of the enactment of this section, and quarterly thereafter until December 31, 2031, the Deputy Secretary of Defense, the Vice Chair of the Joint Chiefs of Staff, and the Commander of the United States Transportation Command, or their representatives, shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the execution of the responsibilities under subsection (a)(1) and (2), including updates on the development and implementation of the strategy required under subsection (c).
(e) Budget Justification Materials.— The Secretary of Defense shall include in the budget justification materials submitted to Congress in support of the budget of the President for a fiscal year pursuant to section 1105(a) of title 31, United States Code, a cumulative accounting of contested logistics investments represented in such budget and how such investments relate to the duties and responsibilities under subsection (a)(1) and (2).
(Added Pub. L. 11960, div. A, title III, § 334(a), Dec. 18, 2025, 139 Stat. 816.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (d), is the date of enactment of Pub. L. 11960, which was approved on Dec. 18, 2025.
Prior ProvisionsA prior section 2229b was renumbered section 3072 of this title.
Statutory Notes and Related Subsidiaries
Deadline for ImplementationPub. L. 11960, div. A, title III, § 334(b), Dec. 18, 2025, 139 Stat. 818, provided that: “The development of the strategy required under subsection (c) of section 2229b of title 10, United States Code, as added by subsection (a), shall be completed by not later than January 31, 2027.”