10 U.S.C. § 2208
including applicable administrative expenses, and be reimbursed from available appropriations or otherwise credited for those costs, including applicable administrative expenses and costs of using equipment.
10 U.S.C. § 2208
| HISTORICAL AND REVISION NOTES 1956 ACT | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 2208(a)2208(b)2208(c)2208(d) | 5:172d(a).5:172d(b).5:172d(c) (less 2d sentence).5:172d(d). | July 26, 1947, ch. 343, §405; added Aug. 10, 1949, ch. 412, §11 (8th through 15th pars.), 63 Stat. 587. |
| 2208(e) | 5:172d(e) | |
| 2208(f) | 5:172d(f). | |
| 2208(g) | 5:172d(h). | |
| 2208(h) | 5:172d(g). | |
| 2208(i) | 5:172d(c) (2d sentence). | |
| 1982 ACT | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 2208(h) (3d sentence) | 10:2208 (note). | Dec. 21, 1979, Pub. L. 96-154, §767, 93 Stat. 1163. |
EDITORIAL NOTES
REFERENCES IN TEXTThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (l)(3)(B), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
PRIOR PROVISIONSProvisions similar to those in subsecs. (m) to (q) of this section were contained in section 2216a of this title prior to repeal by Pub. L. 105-261, §1008(b) .
AMENDMENTS2022-Subsec. (l)(3). Pub. L. 117-263, §354, designated existing provisions as subpar. (A), substituted "Except as provided in subparagraph (B), the total" for "The total", and added subpar. (B).Subsec. (u)(4). Pub. L. 117-263, §372, substituted "2025" for "2023".2021-Subsec. (l)(4), (5). Pub. L. 116-283 added par. (4) and redesignated former par. (4) as (5).2019-Subsec. (u). Pub. L. 116-92, §1731(a) (29), inserted "of this title" after "2805" wherever appearing.Subsec. (u)(1). Pub. L. 116-92, §352(1), substituted "to fund" for "to carry out".Subsec. (u)(2). Pub. L. 116-92, §352(2), designated existing provisions as subpar. (A), substituted "Except as provided in subparagraph (B), section 2805" for "Section 2805" and "carried out with" for "funded using", and added subpar. (B).Subsec. (u)(4). Pub. L. 116-92, §352(3), substituted "to fund" for "to carry out". 2018-Subsec. (e). Pub. L. 115-232, §1422, inserted at end "The accomplishment of the most economical and efficient organization and operation of working capital fund activities for the purposes of this subsection shall include actions toward the following:"(1) Undertaking efforts to optimize the rate structure for all requisitioning entities."(2) Encouraging a working capital fund activity to perform reimbursable work for other entities to sustain the efficient use of the workforce."(3) Determining the appropriate leadership level for approving work from outside entities to maximize efficiency."Subsec. (i). Pub. L. 115-232, §809(a), substituted "section 7543" for "section 4543".Subsec. (u). Pub. L. 115-232, §321, added subsec. (u). 2017-Subsec. (k)(2). Pub. L. 115-91 substituted "$500,000 for procurements by a major range and test facility installation or a science and technology reinvention laboratory and not less than $250,000 for procurements at all other facilities" for "$250,000" in introductory provisions.2015-Subsec. (s). Pub. L. 114-92, §1421, added subsec. (s).Subsec. (t). Pub. L. 114-92, §1422, added subsec. (t).2011-Subsec. (c)(1). Pub. L. 111-383, §1403(1), inserted before semicolon ",including the cost of the procurement and qualification of technology-enhanced maintenance capabilities that improve either reliability, maintainability, sustainability, or supportability and have, at a minimum, been demonstrated to be functional in an actual system application or operational environment".Subsec. (k)(2). Pub. L. 111-383, §1403(2), substituted "$250,000" for "$100,000" in introductory provisions. Subsec. (k)(2)(A). Pub. L. 112-81, §2802(c)(1)(A), substituted "section 2805(c)" for "section 2805(c)(1)".Subsec. (o)(2)(A). Pub. L. 112-81, §2802(c)(1)(B), substituted "section 2805(c)" for "section 2805(c)(1)".2004-Subsec. (r). Pub. L. 108-375 added subsec. (r).2000-Subsec. (j)(1). Pub. L. 106-398 substituted "contract, and the solicitation" for "contract; and" at end of subpar. (A) and all that follows through "(B) the solicitation", substituted ";or" for period after "private firms", and added a new subpar. (B).1999-Subsec. (j). Pub. L. 106-65, §§331(a)(1), 332, designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, substituted ",remanufacturing, and engineering" for "or remanufacturing" in introductory provisions, inserted "or a subcontract under a Department of Defense contract" before the semicolon in subpar. (A), substituted "solicitation for the contract or subcontract" for "Department of Defense solicitation for such contract" in subpar. (B), and added par. (2). Subsec. (l)(2)(A). Pub. L. 106-65, §1066(a) (16), inserted "of" after "during a period". 1998-Subsec. (l)(3), (4). Pub. L. 105-261, §1007(e)(1), and Pub. L. 105-262 amended subsec. (l) identically, adding par. (3) and redesignating former par. (3) as (4).Subsecs. (m) to (q). Pub. L. 105-261, §1008(a), added subsecs. (m) to (q).1997-Subsec. (k). Pub. L. 105-85, §1011(a), added subsec. (k) and struck out former subsec. (k) which read as follows: "The Secretary of Defense shall provide that of the total amount of payments received in a fiscal year by funds established under this section for industrial-type activities, not less than 3 percent during fiscal year 1985, not less than 4 percent during fiscal year 1986, and not less than 5 percent during fiscal year 1987 shall be used for the acquisition of capital equipment for such activities."Subsec. (l). Pub. L. 105-85, §1011(b), added subsec. (l). 1993-Subsec. (i). Pub. L. 103-160 amended subsec. (i) generally. Prior to amendment, subsec. (i) required that regulations under subsec. (h) authorize working-capital funded Army industrial facilities to sell manufactured articles and services to persons outside the Department of Defense in specified cases. 1992-Subsec. (j). Pub. L. 102-484 substituted "The Secretary of a military department may authorize a working capital funded industrial facility of that department" for "The Secretary of the Army may authorize a working capital funded Army industrial facility". 1991-Subsecs. (j), (k). Pub. L. 102-172 added subsec. (j) and redesignated former subsec. (j) as (k). 1990-Subsec. (i)(1). Pub. L. 101-510, §801, added par. (1), redesignated par. (3) as (2), and struck out former pars. (1) and (2) which read as follows:"(1) Regulations under subsection (h) may authorize an article manufactured by a working-capital funded Department of the Army arsenal that manufactures large caliber cannons, gun mounts, or recoil mechanisms to be sold to a person outside the Department of Defense if-"(A) the article is sold to a United States manufacturer, assembler, or developer (i) for use in developing new products, or (ii) for incorporation into items to be sold to, or to be used in a contract with, an agency of the United States or a friendly foreign government; "(B) the purchaser is determined by the Department of Defense to be qualified to carry out the proposed work involving the article to be purchased;"(C) the article is not readily available from a commercial source in the United States; and"(D) the sale is to be made on a basis that does not interfere with performance of work by the arsenal for the Department of Defense or for a contractor of the Department of Defense."(2) Services related to an article sold under this subsection may also be sold to the purchaser if the services are to be performed in the United States for the purchaser."Subsec. (k). Pub. L. 101-510, §1301(6), struck out subsec. (k) which read as follows: "Reports annually shall be made to the President and to Congress on the condition and operation of working-capital funds established under this section."1987-Subsec. (i)(3). Pub. L. 100-26 inserted "(22 U.S.C. 2778)" after "Arms Export Control Act". 1984-Subsecs. (i) to (k). Pub. L. 98-525 added subsecs. (i) and (j) and redesignated former subsec. (i) as (k). 1983-Subsec. (d). Pub. L. 98-94 substituted "In addition, such amounts may be appropriated for the purpose of providing capital for working-capital funds as have been specifically authorized by law" for "If this method does not, in the determination of the Secretary of Defense, provide adequate amounts of working capital, such amounts as may be necessary may be appropriated for that purpose".1982-Subsec. (h). Pub. L. 97-295 inserted provision that supplies available in inventories financed by working capital funds established under this section may be sold to contractors for use in performing contracts with the Department of Defense.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 809(a) of Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-261, div. A, title X, §1007(e)(2), Oct. 17, 1998, 112 Stat. 2115, and Pub. L. 105-262, §8146(d)(2), Oct. 17, 1998, 112 Stat. 2340, provided that: "Section 2208(l)(3) of such title, as added by paragraph (1), applies to fiscal years after fiscal year 1999."
EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98-94, title XII, §1204(b), Sept. 24, 1983, 97 Stat. 683, provided that: "The amendment made by subsection (a) [amending this section] shall apply only with respect to appropriations for fiscal years beginning after September 30, 1984."
ADVANCE BILLING FOR FISCAL YEAR 2022 Pub. L. 117-103, div. C, title VIII, §8117, Mar. 15, 2022, 136 Stat. 203, provided that: "During fiscal year 2022, the monetary limitation imposed by section 2208(l)(3) of title 10, United States Code[,] may be exceeded by up to $1,000,000,000."
ADVANCE BILLING FOR FISCAL YEAR 2020 Pub. L. 116-136, div. B, title III, §13003, Mar. 27, 2020, 134 Stat. 522, provided that: "(a) Notwithstanding section 2208(l)(3) of title 10, United States Code, during fiscal year 2020, the total amount of the advance billings rendered or imposed for all working-capital funds of the Department of Defense may exceed the amount otherwise specified in such section. "(b) In this section, the term 'advance billing' has the meaning given that term in section 2208(l)(4) [now 2208(l)(5)] of title 10, United States Code."
PILOT PROGRAM FOR ACQUISITION OF COMMERCIAL SATELLITE COMMUNICATION SERVICES Pub. L. 113-291, div. A, title XVI, §1605, Dec. 19, 2014, 128 Stat. 3623, as amended by Pub. L. 114-92, div. A, title XVI, §1612, Nov. 25, 2015, 129 Stat. 1103; Pub. L. 114-328, div. A, title XVI, §1606(a), Dec. 23, 2016, 130 Stat. 2586, provided that:"(a) PILOT PROGRAM.-"(1) IN GENERAL.-The Secretary of Defense shall develop and carry out a pilot program to effectively and efficiently acquire commercial satellite communications services to meet the requirements of the military departments, Defense Agencies, and combatant commanders."(2) FUNDING.-Of the funds authorized to be appropriated for any of fiscal years 2015 through 2020 for the Department of Defense for the acquisition of satellite communications, not more than $50,000,000 may be obligated or expended for such pilot program during such a fiscal year."(3) CERTAIN AUTHORITIES.-In carrying out the pilot program under paragraph (1), the Secretary may not use the authorities provided in sections 2208(k) and 2210(b) of title 10, United States Code."(4) METHODS.-In carrying out the pilot program under paragraph (1), the Secretary may use a variety of methods authorized by law to effectively and efficiently acquire commercial satellite communications services, including by carrying out multiple pathfinder activities under the pilot program."(b) GOALS.-In developing and carrying out the pilot program under subsection (a)(1), the Secretary shall ensure that the pilot program-"(1) provides a cost-effective and strategic method to acquire commercial satellite communications services; "(2) incentivizes private-sector participation and investment in technologies to meet future requirements of the Department of Defense with respect to commercial satellite communications services;"(3) takes into account the potential for a surge or other change in the demand of the Department for commercial satellite communications services in response to global or regional events;"(4) ensures the ability of the Secretary to control and account for the cost of programs and work performed under the pilot program; and"(5) demonstrates the potential to achieve order-of-magnitude improvements in satellite communications capability."(c) DURATION.-The pilot program under subsection (a)(1) shall terminate on October 1, 2020."(d) REPORTS AND BRIEFINGS.-"(1) INITIAL REPORT.-Not later than 270 days after the date of the enactment of this Act [Dec. 19, 2014], the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes-"(A) a plan and schedule to carry out the pilot program under subsection (a)(1); and"(B) a description of the appropriate metrics established by the Secretary to meet the goals of the pilot program."(2) BRIEFING.-At the same time as the President submits to Congress the budget pursuant to section 1105 of title 31, for each of fiscal years 2017 through 2020, the Secretary shall provide to the congressional defense committees briefing on the pilot program."(3) FINAL REPORT.-Not later than December 1, 2020, the Secretary shall submit to the congressional defense committees a report on the pilot program under subsection (a)(1). The report shall include- "(A) an assessment of the pilot program and whether the pilot program effectively and efficiently acquires commercial satellite communications services to meet the requirements of the military departments, Defense Agencies, and combatant commanders; and"(B) a description of-"(i) any contract entered into under the pilot program, the funding used under such contract, and the efficiencies realized under such contract;"(ii) the advantages and challenges of using the pilot program;"(iii) any additional authorities the Secretary determines necessary to acquire commercial satellite communications services as described in subsection (a)(1); and"(iv) any recommendations of the Secretary with respect to improving or extending the pilot program."(e) IMPLEMENTATION OF GOALS.-In developing and carrying out the pilot program under subsection (a)(1), by not later than September 30, 2017, the Secretary shall take actions to begin the implementation of each goal specified in subsection (b)."
ADVANCE BILLING FOR FISCAL YEAR 2006 Pub. L. 109-234, §1206, June 15, 2006, 120 Stat. 430, provided in part that: "Notwithstanding 10 U.S.C. 2208(l), the total amount of advance billings rendered or imposed for all working capital funds of the Department of Defense in fiscal year 2006 shall not exceed $1,200,000,000".
ADVANCE BILLING FOR FISCAL YEAR 2005 Pub. L. 109-13, div. A, title I, §1005, May 11, 2005, 119 Stat. 243, provided that for fiscal year 2005, the limitation under subsec. (l)(3) of this section on the total amount of advance billings rendered or imposed for all working capital funds of the Department of Defense in a fiscal year would be applied by substituting "$1,500,000,000" for "$1,000,000,000".
OVERSIGHT OF DEFENSE BUSINESS OPERATIONS FUND Pub. L. 103-337, div. A, title III, §311(b)-(e), Oct. 5, 1994, 108 Stat. 2708, which related to purchase from other sources, limitation on inclusion of certain costs in DBOF charges, procedures for accumulation of funds, and annual reports and budget, was repealed and restated in section 2216a(d)(2)(B), (f) to (h)(3) of this title by Pub. L. 104-106, div. A, title III, §371(a)(1), (b)(1), Feb. 10, 1996, 110 Stat. 277-279. Pub. L. 103-337, div. A, title III, §311(f), (g), Oct. 5, 1994, 108 Stat. 2709, required Secretary of Defense to submit to congressional defense committees, not later than Feb. 1, 1995, a report on progress made in implementing the Defense Business Operations Fund Improvement Plan, dated September 1993, and required Comptroller General to monitor and evaluate the Department of Defense implementation of the Plan and to report to congressional defense committees not later than Mar. 1, 1995.
CHARGES FOR GOODS AND SERVICES PROVIDED THROUGH DEFENSE BUSINESS OPERATIONS FUND Pub. L. 103-160, div. A, title III, §333(a), (b), Nov. 30, 1993, 107 Stat. 1621, which provided that charges for goods and services provided through Defense Business Operations Fund were to include amounts necessary to recover full costs of development, implementation, operation, and maintenance of systems supporting wholesale supply and maintenance activities of Department of Defense and use of military personnel in provision of goods and services, and were not to include amounts necessary to recover costs of military construction project other than minor construction project financed by Defense Business Operations Fund pursuant to section 2805(c)(1) of this title, and which required full cost of operation of Defense Finance Accounting Service to be financed within Defense Business Operations Fund through charges for goods and services provided through Fund, was repealed and restated in section 2216a(d)(1)(A), (C), (2)(A) of this title by Pub. L. 104-106, div. A, title III, §371(a)(1), (b)(2), Feb. 10, 1996, 110 Stat. 277-279.
CAPITAL ASSET SUBACCOUNT Pub. L. 102-484, div. A, title III, §342, Oct. 23, 1992, 106 Stat. 2376, as amended by Pub. L. 103-160, div. A, title III, §333(c), Nov. 30, 1993, 107 Stat. 1622, which provided that charges for goods and services provided through the Defense Business Operations Fund include amounts for depreciation of capital assets which were to be credited to a separate capital asset subaccount in the Fund, authorized Secretary of Defense to award contracts for capital assets of the Fund in advance of availability of funds in the subaccount, required Secretary to submit annual reports to congressional defense committees, authorized appropriations to the Fund for fiscal years 1993 and 1994, and defined terms, was repealed and restated in section 2216a(d)(1)(B), (e), (h)(4), and (i) of this title by Pub. L. 104-106, div. A, title III, §371(a)(1), (b)(3), Feb. 10, 1996, 110 Stat. 277-279.
LIMITATIONS ON USE OF DEFENSE BUSINESS OPERATIONS FUND Pub. L. 102-190, div. A, title III, §316, Dec. 5, 1991, 105 Stat. 1338, as amended by Pub. L. 102-484, div. A, title III, §341, Oct. 23, 1992, 106 Stat. 2374; Pub. L. 103-160, div. A, title III, §§331, 332, Nov. 30, 1993, 107 Stat. 1620; Pub. L. 103-337, div. A, title III, §311(a), Oct. 5, 1994, 108 Stat. 2708, which authorized Secretary of Defense to manage performance of certain working-capital funds established under this section, the Defense Finance and Accounting Service, the Defense Industrial Plan Equipment Center, the Defense Commissary Agency, the Defense Technical Information Service, the Defense Reutilization and Marketing Service, and certain activities funded through use of working-capital fund established under this section, directed Secretary to maintain separate accounting, reporting, and auditing of such funds and activities, required Secretary to submit to congressional defense committees, by not later than 30 days after Nov. 30, 1993, a comprehensive management plan and, by not later than Feb. 1, 1994, a progress report on plan's implementation, and directed Comptroller General to monitor and evaluate the plan and submit to congressional defense committees, not later than Mar. 1, 1994, a report, was repealed and restated in section 2216a(a)-(c) of this title by Pub. L. 104-106, div. A, title III, §371(a)(1), (b)(4), Feb. 10, 1996, 110 Stat. 277, 279.
DEFENSE BUSINESS OPERATIONS FUND Pub. L. 102-172, §8121, Nov. 26, 1991, 105 Stat. 1204, which established on the books of the Treasury a fund entitled the "Defense Business Operations Fund" to be operated as a working capital fund under the provisions of this section and to include certain existing organizations including the Defense Finance and Accounting Service, the Defense Commissary Agency, the Defense Technical Information Center, the Defense Reutilization and Marketing Service, and the Defense Industrial Plant Equipment Service, directed transfer of assets and balances of those organizations to the Fund, provided for budgeting and accounting of charges for supplies and services provided by the Fund, and directed that capital asset charges collected be credited to a subaccount of the Fund, was repealed by Pub. L. 104-106, div. A, title III, §371(b)(5), Feb. 10, 1996, 110 Stat. 280.
SALE OF INVENTORIES FOR PERFORMANCE OF CONTRACTS WITH DEFENSE DEPARTMENTPub. L. 96-154, title VII, §767, Dec. 21, 1979, 93 Stat. 1163, which had provided that supplies available in inventories financed by working capital funds established pursuant to this section could, on and after Dec. 21, 1979, be sold to contractors for use in performing contracts with the Department of Defense, was repealed and restated in subsec. (h) of this section by Pub. L. 97-295, §§1(22), 6(b), Oct. 12, 1982, 96 Stat. 1290, 1315.
- includes
- "includes" means "includes but is not limited to"; and
- Defense Agency
- The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- contingency operation
- The term "contingency operation" means a military operation that-(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 3713 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- supplies
- The term "supplies" includes material, equipment, and stores of all kinds.