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Title 10 — Armed Forces

Part IV · Chapter 146 — Contracting for Performance of Civilian Commercial or Industrial Type Functions

§ 2465. Prohibition on contracts for performance of firefighting or security-guard functions

Statutory text

(a)

Except as provided in subsection (b), funds appropriated to the Department of Defense may not be obligated or expended for the purpose of entering into a contract for the performance of firefighting or security-guard functions at any military installation or facility.

(b)

The prohibition in subsection (a) does not apply to the following contracts:

(1)

A contract to be carried out at a location outside the United States (including its commonwealths, territories, and possessions) at which members of the armed forces would have to be used for the performance of a function described in subsection (a) at the expense of unit readiness.

(2)

A contract to be carried out on a Government-owned but privately operated installation.

(3)

A contract (or the renewal of a contract) for the performance of a function under contract on .

(4)

A contract that is—

(A)

for a period of one year or less; and

(B)

covers the performance of functions that, in the absence of the contract, would have to be performed by members of the armed forces who are not readily available to perform such functions.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 div. A title XII § 1222(a)(1) · 100 Stat. 3816

    Enacted · 10 U.S.C. § 2465

    Added Pub. L. 99–661, div. A, title XII, § 1222(a)(1), Nov. 14, 1986, 100 Stat. 3976, § 2693

    Source evidence

    Code source credit
    Added Pub. L. 99–661, div. A, title XII, § 1222(a)(1), Nov. 14, 1986, 100 Stat. 3976, § 2693

    Enacted provision · exact public law section
    (1) Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2693. Prohibition on contracts for performance of firefighting functions “(a) Except as provided in subsection (b), funds appropriated to the Department of Defense may not be obligated or expended for the purpose of entering into a contract for the performance of firefighting functions at any military installation or facility. “(b) The prohibition in subsection (a) does not apply— “(1) to a contract to be carried out at a location outside the United States (including its commonwealths, territories, and possessions) at which members of the armed forces would have to be used for the performance of the function described in subsection (a) at the expense of unit readiness; “(2) to a contract to be carried out on a Government-owned but privately operated installation; or “(3) to a contract (or the renewal of a contract) for the performance of a function under contract or September 24, 1983.”.

  2. National Defense Authorization Act for Fiscal Years 1988 and 1989

    Pub. L. 100–180 div. A title XI § 1112(a) · 101 Stat. 1019

    1. Inserted · 10 U.S.C. § 2465

      Pub. L. 100–180 inserted “or security-guard” before “functions” in section catchline and subsec. (a)

    2. Substituted · 10 U.S.C. § 2465

      Pub. L. 100–180 substituted “a function” for “the function” in subsec. (b)(1)

    Source evidence

    Code amendment note
    Pub. L. 100–180 inserted “or security-guard” before “functions” in section catchline and subsec. (a), and substituted “a function” for “the function” in subsec. (b)(1).

    Enacted provision · exact public law section
    (a) In General.— Subsection (a) of section 2693 of title 10, United States Code, is amended by inserting “or security-guard” after “firefighting”.

  3. Pub. L. 100–370 § 2(b)(1) · 102 Stat. 840

    Changed · 10 U.S.C. § 2465

    Pub. L. 100–370 renumbered section 2693 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 100–370 renumbered section 2693 of this title as this section.

    Enacted provision · exact public law section
    (1) Section 2693 of title 10, United States Code, is transferred to the end of chapter 146 of such title (as added by subsection (a)) and is redesignated as section 2465.

  4. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1503(a)(25) · 110 Stat. 186

    Substituted · 10 U.S.C. § 2465(b)(3)

    Pub. L. 104–106 substituted “under contract on September 24, 1983” for “under contract or September 24, 1983”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 104–106 substituted “under contract on September 24, 1983” for “under contract or September 24, 1983”.

    Enacted provision · exact public law section
    (25) Section 2465(b)(3) is amended by striking out “under contract” and all that follows through the period and inserting in lieu thereof “under contract on September 24, 1983.”.

  5. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title III § 331 · 117 Stat. 1392

    1. Substituted · 10 U.S.C. § 2465(b)

      Pub. L. 108–136 substituted “apply to the following contracts:” for “apply—” at beginning of pars. (1) to (3), period for semicolon at end of par. (1), and period for “; or” at end of par. (2)

    2. Substituted · 10 U.S.C. § 2465(b)

      Pub. L. 108–136 substituted “A” for “to a” at beginning of pars. (1) to (3), period for semicolon at end of par. (1), and period for “; or” at end of par. (2)

    3. Added · 10 U.S.C. § 2465(b)

      Pub. L. 108–136 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–136 substituted “apply to the following contracts:” for “apply—” in introductory provisions, “A” for “to a” at beginning of pars. (1) to (3), period for semicolon at end of par. (1), and period for “; or” at end of par. (2), and added par. (4).

    Enacted provision · exact public law section
    SEC. 331. EXEMPTION OF CERTAIN FIREFIGHTING SERVICE CONTRACTS FROM PROHIBITION ON CONTRACTS FOR PERFORMANCE OF FIREFIGHTING FUNCTIONS. (a) Additional Exemption.— Section 2465(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(4) A contract for the performance of firefighting functions if the contract is— “(A) for a period of one year or less; and “(B) covers only the performance of firefighting functions that, in the absence of the contract, would have to be performed by members of the armed forces who are not readily available to perform such functions by reason of a deployment.” . (b) Conforming Amendments.— Such section is further amended— (1) by striking “apply—” and inserting “apply to the following contracts:”; (2) by striking “to a” at the beginning of paragraphs (1), (2), and (3) and inserting “A”; (3) by striking the semicolon at the end of paragraph (1) and inserting a period; and (4) by striking “; or” at the end of paragraph (2) and inserting a period.

  6. Pub. L. 119–60 § 335(1) · 139 Stat. 818

    Substituted · 10 U.S.C. § 2465(b)(4)

    Pub. L. 119–60, § 335(1), substituted “that” for “for the performance of firefighting functions if the contract” in introductory provisions

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 119–60, § 335(1), substituted “that” for “for the performance of firefighting functions if the contract” in introductory provisions.

  7. Pub. L. 119–60 § 335(2) · 139 Stat. 818

    Struck · 10 U.S.C. § 2465(b)(4)(B)

    Pub. L. 119–60, § 335(2), struck out “only” before “the performance”, “firefighting” before “functions that,”, and “by reason of a deployment” before period at end

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 119–60, § 335(2), struck out “only” before “the performance”, “firefighting” before “functions that,”, and “by reason of a deployment” before period at end.

8 of 10 references resolved to an enrolled provision · 2 unresolved

Editorial Notes

Amendments1987–2025 · 5 rounds

2025

Subsec. (b)(4). Pub. L. 119–60, § 335(1), substituted “that” for “for the performance of firefighting functions if the contract” in introductory provisions.

Subsec. (b)(4)(B). Pub. L. 119–60, § 335(2), struck out “only” before “the performance”, “firefighting” before “functions that,”, and “by reason of a deployment” before period at end.

2003

Subsec. (b). Pub. L. 108–136 substituted “apply to the following contracts:” for “apply—” in introductory provisions, “A” for “to a” at beginning of pars. (1) to (3), period for semicolon at end of par. (1), and period for “; or” at end of par. (2), and added par. (4).

1996

Subsec. (b)(3). Pub. L. 104–106 substituted “under contract on ” for “under contract or ”.

1988

Pub. L. 100–370 renumbered section 2693 of this title as this section.

1987

Pub. L. 100–180 inserted “or security-guard” before “functions” in section catchline and subsec. (a), and substituted “a function” for “the function” in subsec. (b)(1).

Statutory Notes and Related Subsidiaries

Temporary Authority To Contract With Local and State Governments for Performance of Security Functions at United States Military Installations

Pub. L. 107–56, title X, § 1010, , 115 Stat. 395, which provided authority, during Operation Enduring Freedom and the subsequent 180 days, to use defense funds to contract with local and state governments to perform security functions at military installations, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(53), , 132 Stat. 1850.

Performance of Emergency Response Functions at Chemical Weapons Storage Installations

Pub. L. 106–398, § 1 [[div. A], title III, § 355], , 114 Stat. 1654, 1654A–75, provided that:

“(a)

Restriction on Conversion.—

The Secretary of the Army may not convert to contractor performance the emergency response functions of any chemical weapons storage installation that, as of the date of the enactment of this Act [], are performed for that installation by employees of the United States until the certification required by subsection (c) has been submitted in accordance with that subsection.

“(b)

Covered Installations.—

For the purposes of this section, a chemical weapons storage installation is any installation of the Department of Defense on which lethal chemical agents or munitions are stored.

“(c)

Certification Requirement.—

The Secretary of the Army shall certify in writing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that, to ensure that there will be no lapse of capability to perform the chemical weapon emergency response mission at a chemical weapons storage installation during any transition to contractor performance of those functions at the installation, the plan for conversion of the performance of those functions—

“(1)

is consistent with the recommendation contained in General Accounting Office [now Government Accountability Office] Report NSIAD–00–88, entitled ‘DoD Competitive Sourcing’, dated March 2000;

“(2)

provides for a transition to contractor performance of emergency response functions which ensures an adequate transfer of the relevant knowledge and expertise regarding chemical weapon emergency response to the contractor personnel; and

“(3)

complies with section 2465 of title 10, United States Code.”

Credits

1986–2025 · 6 acts
  1. 1986Added Pub. L. 99–661, div. A, title XII, § 1222(a)(1), , 100 Stat. 3976, § 2693
  2. 1987amended Pub. L. 100–180, div. A, title XI, § 1112(a)–(b)(2), , 101 Stat. 1147
  3. 1988renumbered § 2465, Pub. L. 100–370, § 2(b)(1), , 102 Stat. 854
  4. 1996Pub. L. 104–106, div. A, title XV, § 1503(a)(25), , 110 Stat. 512
  5. 2003Pub. L. 108–136, div. A, title III, § 331, , 117 Stat. 1442
  6. 2025Pub. L. 119–60, div. A, title III, § 335, , 139 Stat. 818.
Show as published

(Added Pub. L. 99–661, div. A, title XII, § 1222(a)(1), , 100 Stat. 3976, § 2693; amended Pub. L. 100–180, div. A, title XI, § 1112(a)–(b)(2), , 101 Stat. 1147; renumbered § 2465, Pub. L. 100–370, § 2(b)(1), , 102 Stat. 854; Pub. L. 104–106, div. A, title XV, § 1503(a)(25), , 110 Stat. 512; Pub. L. 108–136, div. A, title III, § 331, , 117 Stat. 1442; Pub. L. 119–60, div. A, title III, § 335, , 139 Stat. 818.)

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