§ 2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate

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. 1991

   Pub. L. 102–88 title V § 501(a) · 105 Stat. 429

   Enacted · 10 U.S.C. § 2642

   Added Pub. L. 102–88, title V, § 501(a), Aug. 14, 1991, 105 Stat. 435

   Source evidence

   Code source credit
   Added Pub. L. 102–88, title V, § 501(a), Aug. 14, 1991, 105 Stat. 435

   Enacted provision · exact public law section
   (a) In General.— Chapter 157 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2642. Reimbursement rate for airlift services provided to Central Intelligence Agency “(a) Authority.—The Secretary of Defense may authorize the use of the Department of Defense reimbursement rate for military airlift services provided by a component of the Department of Defense to the Central Intelligence Agency, if the Secretary of Defense determines that those military airlift services are provided for activities related to national security objectives. “(b) Definition.— In this section, the term ‘Department of Defense reimbursement rate’ means the amount charged a component of the Department of Defense by another component of the Department of Defense.”.

2. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1006(b)(1) · 117 Stat. 1392

   Substituted · 10 U.S.C. § 2642

   Pub. L. 108–136, § 1006(b)(1), substituted “Airlift services provided to certain other agencies: use of Department of Defense reimbursement rate” for “Reimbursement rate for airlift services provided to Central Intelligence Agency” as section catchline

   Source evidence

   Code amendment note
   Pub. L. 108–136, § 1006(b)(1), substituted “Airlift services provided to certain other agencies: use of Department of Defense reimbursement rate” for “Reimbursement rate for airlift services provided to Central Intelligence Agency” as section catchline.

   Enacted provision · exact public law section
   (1) The heading for such section is amended to read as follows: “§ 2642. Airlift services provided to certain other agencies: use of Department of Defense reimbursement rate” .

3. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1006(a) · 117 Stat. 1392

   Inserted · 10 U.S.C. § 2642(a)

   Pub. L. 108–136, § 1006(a), inserted “as follows:

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–136, § 1006(a), inserted “as follows:

   “(1) For military airlift services provided” before “to the Central Intelligence Agency”, and added par. (2).

   Enacted provision · exact public law section
   (a) Authority.— Subsection (a) of section 2642 of title 10, United States Code, is amended— (1) by striking “(a) Authority” and all that follows through “the Department of Defense” the second place it appears and inserting the following: “(a) Authority.— The Secretary of Defense may authorize the use of the Department of Defense reimbursement rate for military airlift services provided by a component of the Department of Defense as follows: “(1) For military airlift services provided” ; and (2) by adding at the end the following new paragraph: “(2) For military airlift services provided to the Department of State for the transportation of armored motor vehicles to a foreign country to meet requirements of the Department of State for armored motor vehicles associated with the overseas travel of the Secretary of State in that country.” .

4. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 div. A title III § 351(a) · 123 Stat. 2190

   Added · 10 U.S.C. § 2642(a)(3)

   Pub. L. 111–84 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 111–84 added par. (3).

   Enacted provision · exact public law section
   (a) In General.— Section 2642(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3) Time period. During the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, for military airlift services provided to any element of the Federal Government outside the Department of Defense in circumstances other than those specified in paragraphs (1) and (2), but only if the Secretary of Defense determines that the provision of such services will promote the improved use of airlift capacity without any negative effect on the national security objectives or the national security interests contained within the United States commercial air industry.” .

5. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 div. A title X § 1075(b)(40) · 124 Stat. 4137

   Substituted · 10 U.S.C. § 2642(a)(3)

   Pub. L. 111–383 substituted “During the period beginning on October 28, 2009, and ending on October 28, 2014” for “During the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 111–383 substituted “During the period beginning on October 28, 2009, and ending on October 28, 2014” for “During the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010”.

   Enacted provision · exact public law section
   (40) Section 2642(a)(3) is amended by striking “During the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010” and inserting “During the period beginning on October 28, 2009, and ending on October 28, 2014”.

6. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 § 1073(b) · 127 Stat. 672

   Substituted · 10 U.S.C. § 2642

   Pub. L. 113–66, § 1073(b), substituted “Transportation” for “Airlift” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 113–66, § 1073(b), substituted “Transportation” for “Airlift” in section catchline.

   Enacted provision · exact public law section
   (b) Technical Amendment.— The heading for such section is amended by striking “Airlift” and inserting “Transportation”.

7. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 § 1073(a)(1) · 127 Stat. 672

   1. Substituted · 10 U.S.C. § 2642(a)

      Pub. L. 113–66, § 1073(a)(1), substituted “transportation services” for “airlift services” in par. (3)

   2. Substituted · 10 U.S.C. § 2642(a)

      Pub. L. 113–66, § 1073(a)(1), substituted “transportation capacity” for “airlift capacity” in par. (3)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 113–66, § 1073(a)(1), substituted “transportation services” for “airlift services” wherever appearing and “transportation capacity” for “airlift capacity” in par. (3).

   Enacted provision · exact public law section
   (1) by striking “airlift” each place it appears and inserting “transportation”; and

8. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 § 1073(a)(2)(B) · 127 Stat. 672

   1. Amended · 10 U.S.C. § 2642(a)(3)

      Pub. L. 113–66, § 1073(a)(2)(B), as amended by Pub. L. 113–291, § 1071(g)(4)

   2. Inserted · 10 U.S.C. § 2642(a)(3)

      Pub. L. 113–66, § 1073(a)(2)(B), as inserted “military transportation services provided in support of foreign military sales” after “Department of Defense”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 113–66, § 1073(a)(2)(B), as amended by Pub. L. 113–291, § 1071(g)(4), inserted “military transportation services provided in support of foreign military sales” after “Department of Defense”.

   Enacted provision · exact public law section
   (B) by inserting and “military transportation services provided in support of foreign military sales” after “Department of Defense”; and

9. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 § 1073(a)(2)(A) · 127 Stat. 672

   1. Substituted · 10 U.S.C. § 2642(a)(3)

      Pub. L. 113–66, § 1073(a)(2)(A), (C), substituted “September 30, 2019” for “October 28, 2014”

   2. Substituted · 10 U.S.C. § 2642(a)(3)

      Pub. L. 113–66, § 1073(a)(2)(A), (C), substituted “transportation industry” for “air industry”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 113–66, § 1073(a)(2)(A), (C), substituted “September 30, 2019” for “October 28, 2014” and “transportation industry” for “air industry”.

   Enacted provision · exact public law section
   (A) by striking “October 28, 2014” and inserting “September 30, 2019”;

10. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1044(c)(1) · 128 Stat. 3292

    1. Amended · 10 U.S.C. § 2642

       Pub. L. 113–291, § 1044(c)(1), amended section catchline generally

    2. Substituted · 10 U.S.C. § 2642

       Pub. L. 113–291, § 1044(c)(1), substituting “Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate” for “Transportation services provided to certain other agencies: use of Department of Defense reimbursement rate”

    Source evidence

    Code amendment note
    Pub. L. 113–291, § 1044(c)(1), amended section catchline generally, substituting “Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate” for “Transportation services provided to certain other agencies: use of Department of Defense reimbursement rate”.

    Enacted provision · exact public law section
    (1) Section heading.— The heading of such section is amended to read as follows: “§ 2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate” .

    Effective date note
    Pub. L. 115–91, div. A, title X, § 1081(f), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(f) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.

11. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1044(a)(1) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 2642(a)

    Pub. L. 113–291, § 1044(a)(1), substituted “Subject to subsection (b), the Secretary” for “The Secretary” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–291, § 1044(a)(1), substituted “Subject to subsection (b), the Secretary” for “The Secretary” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking “The Secretary” and inserting “Subject to subsection (b), the Secretary”;

    Effective date note
    Pub. L. 115–91, div. A, title X, § 1081(f), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(f) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.

12. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1071(g)(4) · 128 Stat. 3292

    Amended · 10 U.S.C. § 2642(a)(3)

    Pub. L. 113–291, § 1071(g)(4), amended Pub. L. 113–66, § 1073(a)(2)(B). See 2013 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 113–291, § 1071(g)(4), amended Pub. L. 113–66, § 1073(a)(2)(B). See 2013 Amendment note below.

    Enacted provision · exact public law section
    (4) Section 1073(a)(2)(B) (127 Stat. 869) 10 USC 2642. is amended by striking “and” after “inserting”.

    Effective date note
    Pub. L. 115–91, div. A, title X, § 1081(f), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(f) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.

13. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1071(f)(22) · 128 Stat. 3292

    Inserted · 10 U.S.C. § 2642(a)(3)

    Pub. L. 113–291, § 1071(f)(22), inserted “and” before “military transportation services provided in support”. Amendment was executed prior to amendment by Pub. L. 113–291, § 1044(a)(2)(B), see below, pursuant to section 1071(k) of Pub. L. 113–291, set out as a note under section 101 of this title

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–291, § 1071(f)(22), inserted “and” before “military transportation services provided in support”. Amendment was executed prior to amendment by Pub. L. 113–291, § 1044(a)(2)(B), see below, pursuant to section 1071(k) of Pub. L. 113–291, set out as a note under section 101 of this title.

    Enacted provision · exact public law section
    (22) Section 2642(a)(3) is amended by inserting “and” after “Department of Defense”.

    Effective date note
    Pub. L. 115–91, div. A, title X, § 1081(f), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(f) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.

14. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1044(a)(2)(B) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 2642(a)(3)

    Pub. L. 113–291, § 1044(a)(2)(B), substituted “Department of Defense” for “Department of Defense and military transportation services provided in support of foreign military sales”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–291, § 1044(a)(2)(B), substituted “Department of Defense” for “Department of Defense and military transportation services provided in support of foreign military sales”.

    Enacted provision · exact public law section
    (B) by striking “of Defense” the first place it appears and all that follows through “military sales” and inserting “of Defense”; and

    Effective date note
    Pub. L. 115–91, div. A, title X, § 1081(f), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(f) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.

15. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1044(a)(2)(A) · 128 Stat. 3292

    1. Amended · 10 U.S.C. § 2642(a)(3)

       Pub. L. 113–291, § 1044(a)(2)(A), as amended by Pub. L. 115–91, § 1081(f)

    2. Substituted · 10 U.S.C. § 2642(a)(3)

       Pub. L. 113–291, § 1044(a)(2)(A), as substituted “For” for “During the period beginning on October 28, 2009, and ending on September 30, 2019, for”. See 2017 Amendment note above

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–291, § 1044(a)(2)(A), as amended by Pub. L. 115–91, § 1081(f), substituted “For” for “During the period beginning on October 28, 2009, and ending on September 30, 2019, for”. See 2017 Amendment note above.

    Enacted provision · exact public law section
    (A) by striking “During the period beginning on October 28, 2009, and ending on October 28, 2019, for” and inserting “For”; and

    Effective date note
    Pub. L. 115–91, div. A, title X, § 1081(f), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(f) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.

16. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1044(a)(3) · 128 Stat. 3292

    Added · 10 U.S.C. § 2642(a)(4)(6)

    Pub. L. 113–291, § 1044(a)(3), added pars. (4) to (6)

    Source evidence

    Code amendment note
    Subsec. (a)(4) to (6). Pub. L. 113–291, § 1044(a)(3), added pars. (4) to (6).

    Enacted provision · exact public law section
    (3) by adding at the end the following new paragraphs: “(4) For military transportation services provided in support of foreign military sales. “(5) For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies). “(6) For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity.” .

    Effective date note
    Pub. L. 115–91, div. A, title X, § 1081(f), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(f) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.

17. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1044(b) · 128 Stat. 3292

    1. Added · 10 U.S.C. § 2642(b); 10 U.S.C. § 2642(c)

       Pub. L. 113–291, § 1044(b), added subsec. (b)

    2. Redesignated · 10 U.S.C. § 2642(b); 10 U.S.C. § 2642(c)

       Pub. L. 113–291, § 1044(b), redesignated former subsec. (b) as (c)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 113–291, § 1044(b), added subsec. (b) and redesignated former subsec. (b) as (c).

    Enacted provision · exact public law section
    (b) Termination of Authority for Certain Categories of Transportation.— Such section is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): “(b) Termination of Authority for Certain Categories of Transportation.— The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019.” .

    Effective date note
    Pub. L. 115–91, div. A, title X, § 1081(f), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(f) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.

18. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1081(f) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2642(a)(3)

    Pub. L. 115–91, § 1081(f), which directed substitution of “September 30” for “October 28” in the amendment made by Pub. L. 113–291, § 1044(a)(2)(A), was executed by making the substitution the second place appearing in the quoted language to be stricken by that amendment, to reflect the probable intent of Congress. See 2014 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 115–91, § 1081(f), which directed substitution of “September 30” for “October 28” in the amendment made by Pub. L. 113–291, § 1044(a)(2)(A), was executed by making the substitution the second place appearing in the quoted language to be stricken by that amendment, to reflect the probable intent of Congress. See 2014 Amendment note below.

    Enacted provision · exact public law section
    (f) National Defense Authorization Act for Fiscal Year 2015.— Effective as of December 19, 2014, and as if included therein as enacted, section 1044(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 USC 2642. 128 Stat. 3493) is amended by striking “October 28” and inserting “September 30”.

    Effective date note
    Pub. L. 115–91, div. A, title X, § 1081(f), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(f) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.

19. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title III § 373 · 133 Stat. 1198

    Substituted · 10 U.S.C. § 2642(b)

    Pub. L. 116–92 substituted “October 1, 2024” for “October 1, 2019”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–92 substituted “October 1, 2024” for “October 1, 2019”.

    Enacted provision · exact public law section
    SEC. 373. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO USE DEPARTMENT OF DEFENSE REIMBURSEMENT RATE FOR TRANSPORTATION SERVICES PROVIDED TO CERTAIN NON-DEPARTMENT OF DEFENSE ENTITIES.   Section 2642(b) of title 10, United States Code, is amended by striking “October 1, 2019” and inserting “October 1, 2024”.

20. 2024

    Pub. L. 118–159 div. A title III § 351 · 138 Stat. 1857

    Substituted · 10 U.S.C. § 2642(b)

    Pub. L. 118–159 substituted “October 1, 2026” for “October 1, 2024”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–159 substituted “October 1, 2026” for “October 1, 2024”.

25 of 26 references resolved to an enrolled provision · 1 unresolved