§ 3136. Defense Modernization Account

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. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title IX § 912(a)(1) · 110 Stat. 186

   Enacted · 10 U.S.C. § 3136

   Added Pub. L. 104–106, div. A, title IX, § 912(a)(1), Feb. 10, 1996, 110 Stat. 407, § 2216

   Source evidence

   Code source credit
   Added Pub. L. 104–106, div. A, title IX, § 912(a)(1), Feb. 10, 1996, 110 Stat. 407, § 2216

   Enacted provision · exact public law section
   (1) Chapter 131 of title 10, United States Code, is amended by inserting after section 2215 the following new section: “§ 2216. Defense Modernization Account “(a) Establishment.— There is established in the Treasury an account to be known as the ‘Defense Modernization Account’. “(b) Transfers to Account.— (1) (A) Upon a determination by the Secretary of a military department or the Secretary of Defense with respect to Defensewide appropriations accounts of the availability and source of funds described in subparagraph (B), that Secretary may transfer to the Defense Modernization Account during any fiscal year any amount of funds available to the Secretary described in that subparagraph. Such funds may be transferred to that account only after the Secretary concerned notifies the congressional defense committees in writing of the amount and source of the proposed transfer. “(B) This subsection applies to the following funds available to the Secretary concerned: “(i) Unexpired funds in appropriations accounts that are available for procurement and that, as a result of economies, efficiencies, and other savings achieved in carrying out a particular procurement, are excess to the requirements of that procurement. “(ii) Unexpired funds that are available during the final 30 days of a fiscal year for support of installations and facilities and that, as a result of economies, efficiencies, and other sav-ings, are excess to the requirements for support of installations and facilities. “(C) Regulations. Any transfer under subparagraph (A) shall be made under regulations prescribed by the Secretary of Defense. “(2) Funds referred to in paragraph (1) may not be transferred to the Defense Modernization Account if— “(A) the funds are necessary for programs, projects, and activities that, as determined by the Secretary, have a higher priority than the purposes for which the funds would be available if transferred to that account; or “(B) the balance of funds in the account, after transfer of funds to the account, would exceed $1,000,000,000. “(3) Amounts credited to the Defense Modernization Account shall remain available for transfer until the end of the third fiscal year that follows the fiscal year in which the amounts are credited to the account. “(4) The period of availability of funds for expenditure provided for in sections 1551 and 1552 of title 31 may not be extended by transfer into the Defense Modernization Account. “(c) Scope of Use of Funds.— Funds transferred to the Defense Modernization Account from funds appropriated for a military department, Defense Agency, or other element of the Department of Defense shall be available in accordance with subsections (f) and (g) only for transfer to funds available for that military department, Defense Agency, or other element. “(d) Authorized Use of Funds.— Funds available from the Defense Modernization Account pursuant to subsection (f) or (g) may be used for the following purposes: “(1) For increasing, subject to subsection (e), the quantity of items and services procured under a procurement program in order to achieve a more efficient production or delivery rate. “(2) For research, development, test, and evaluation and for procurement necessary for modernization of an existing system or of a system being procured under an ongoing procurement program. “(e) Limitations.— (1) Funds in the Defense Modernization Account may not be used to increase the quantity of an item or services procured under a particular procurement program to the extent that doing so would— “(A) result in procurement of a total quantity of items or services in excess of— “(i) a specific limitation provided by law on the quantity of the items or services that may be procured; or “(ii) the requirement for the items or services as approved by the Joint Requirements Oversight Council and reported to Congress by the Secretary of Defense; or “(B) result in an obligation or expenditure of funds in excess of a specific limitation provided by law on the amount that may be obligated or expended, respectively, for that procurement program. “(2) Funds in the Defense Modernization Account may not be used for a purpose or program for which Congress has not authorized appropriations. “(3) Funds may not be transferred from the Defense Modernization Account in any year for the purpose of— “(A) making an expenditure for which there is no corresponding obligation; or “(B) making an expenditure that would satisfy an unliquidated or unrecorded obligation arising in a prior fiscal year. “(f) Transfer of Funds.— (1) The Secretary of Defense may transfer funds in the Defense Modernization Account to appropriations available for purposes set forth in subsection (d). “(2) Funds in the Defense Modernization Account may not Notification. be transferred under paragraph (1) until 30 days after the date on which the Secretaiy concerned notifies the congressional defense committees in writing of the amount and purpose of the proposed transfer. “(3) The total amount of transfers from the Defense Modernization Account during any fiscal year under this subsection may not exceed $500,000,000. “(g) Availability of Funds by Appropriation.— In addition to transfers under subsection (0, funds in the Defense Modernization Account may be made available for purposes set forth in subsection (d) in accordance with the provisions of appropriations Acts, but only to the extent authorized in an Act other than an appropriations Act. “(h) Secretary To Act Through Comptroller.— The Secretary of Defense shall carry out this section through the Under Secretary of Defense (Comptroller), who shall be authorized to implement this section through the issuance of any necessary regulations, policies, and procedures after consultation with the General Counsel and Inspector General of the Department of Defense. “(i) Quarterly Reports.— (1) Not later than 15 days after the end of each calendar quarter, the Secretary of Defense shall submit to the congressional committees specified in paragraph (2) a report on the Defense Modernization Account. Each such report shall set forth the following: “(A) The amount and source of each credit to the account during that quarter. “(B) The amount and purpose of each transfer from the account during that quarter. “(C) The balance in the account at the end of the quarter and, of such balance, the amount attributable to transfers to the account from each Secretaiy concerned. “(2) The committees referred to in paragraph (1) are the congressional defense committees and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives. “(j) Definitions.— In this section: “(1) The term ‘Secretary concerned’ includes the Secretary of Defense with respect to Defensewide appropriations accounts. “(2) The term ‘unexpired funds’ means funds appropriated for a definite period that remain available for obligation. “(3) 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 National Security and the Committee on Appropriations of the House of Representatives.”.

2. 1999

   Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512

   Substituted · 10 U.S.C. § 3136(j)(3)(B)

   Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”

   Source evidence

   Code amendment note
   Subsec. (j)(3)(B). Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”.

   Enacted provision · exact public law section
   (1) Title 10, United States Code.

3. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1008(a)(3) · 117 Stat. 1392

   Redesignated · 10 U.S.C. § 3136(b)

   Pub. L. 108–136, § 1008(a)(3), added subsec. (b). Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–136, § 1008(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (3) by inserting after subsection (a) the following new subsection (b): “(b) Funds Available for Account.— The Defense Modernization Account shall consist of the following: “(1) Amounts appropriated to the Defense Modernization Account for the costs of commencing projects described in subsection (d)(1), and amounts reimbursed to the Defense Modernization Account under subsections (c)(1)(B)(iii) out of savings derived from such projects. “(2) Amounts transferred to the Defense Modernization Account under subsection (c).” .

4. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1008(a)(1) · 117 Stat. 1392

   1. Redesignated · 10 U.S.C. § 3136(c)

      Pub. L. 108–136, § 1008(a)(1), (2), redesignated subsec. (b) as (c)

   2. Struck · 10 U.S.C. § 3136(c)

      Pub. L. 108–136, § 1008(a)(1), (2), struck out heading and text of former subsec. (c). Text read as follows: “Funds transferred to the Defense Modernization Account from funds appropriated for a military department, Defense Agency, or other element of the Department of Defense shall be available in accordance with subsections (f) and (g) only for transfer to funds available for that military department, Defense Agency, or other element.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–136, § 1008(a)(1), (2), redesignated subsec. (b) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “Funds transferred to the Defense Modernization Account from funds appropriated for a military department, Defense Agency, or other element of the Department of Defense shall be available in accordance with subsections (f) and (g) only for transfer to funds available for that military department, Defense Agency, or other element.”

   Enacted provision · exact public law section
   (1) by striking subsection (c);

5. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1008(c)(1) · 117 Stat. 1392

   Added · 10 U.S.C. § 3136(c)(1)(B)(iii)

   Pub. L. 108–136, § 1008(c)(1), added cl. (iii)

   Source evidence

   Code amendment note
   Subsec. (c)(1)(B)(iii). Pub. L. 108–136, § 1008(c)(1), added cl. (iii).

   Enacted provision · exact public law section
   (1) Paragraph (1)(B) of subsection (c) of such section, as redesignated by subsection (a)(2), is amended by adding at the end the following new clause: “(iii) Unexpired funds in appropriations accounts that are available for procurement or operation and maintenance of a system, if and to the extent that savings are achieved for such accounts through reductions in life cycle costs of such system that result from one or more projects undertaken with respect to such systems with funds made available from the Defense Modernization Account under subsection (b)(1).” .

6. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1008(c)(2) · 117 Stat. 1392

   Inserted · 10 U.S.C. § 3136(c)(2)

   Pub. L. 108–136, § 1008(c)(2), inserted “, other than funds referred to in subparagraph (B)(iii) of such paragraph,” after “Funds referred to in paragraph (1)”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 108–136, § 1008(c)(2), inserted “, other than funds referred to in subparagraph (B)(iii) of such paragraph,” after “Funds referred to in paragraph (1)”.

   Enacted provision · exact public law section
   (2) Paragraph (2) of such subsection is amended by inserting “, other than funds referred to in subparagraph (B)(iii) of such paragraph,” after “Funds referred to in paragraph (1)”.

7. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1008(b) · 117 Stat. 1392

   1. Substituted · 10 U.S.C. § 3136(d)

      Pub. L. 108–136, § 1008(b), substituted “in the Defense Modernization Account” for “available from the Defense Modernization Account pursuant to subsection (f) or (g)” in introductory provisions

   2. Added · 10 U.S.C. § 3136(d)

      Pub. L. 108–136, § 1008(b), added par. (1)

   3. Redesignated · 10 U.S.C. § 3136(d)

      Pub. L. 108–136, § 1008(b), redesignated former pars. (1) and (2) as (2) and (3), respectively

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–136, § 1008(b), substituted “in the Defense Modernization Account” for “available from the Defense Modernization Account pursuant to subsection (f) or (g)” in introductory provisions, added par. (1), and redesignated former pars. (1) and (2) as (2) and (3), respectively.

   Enacted provision · exact public law section
   (b) Start-Up Funding.— Subsection (d) of such section is amended— (1) by striking “available from the Defense Modernization Account pursuant to subsection (f) or (g)” and inserting “in the Defense Modernization Account”; (2) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (3) by inserting after “purposes:” the following new paragraph (1): “(1) For paying the costs of commencing any project that, in accordance with criteria prescribed by the Secretary of Defense, is undertaken by the Secretary of a military department or the head of a Defense Agency or other element of the Department of Defense to reduce the life cycle cost of a new or existing system.” .

8. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1008(d) · 117 Stat. 1392

   1. Amended · 10 U.S.C. § 3136(h)

      Pub. L. 108–136, § 1008(d), designated existing provisions as par. (1)

   2. Added · 10 U.S.C. § 3136(h)

      Pub. L. 108–136, § 1008(d), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 108–136, § 1008(d), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (d) Regulations.— Subsection (h) of such section is amended— (1) by  inserting  “(1)”  after   “Comptroller.—”; and (2) by adding at the end the following new paragraph (2): “(2) The regulations prescribed under paragraph (1) shall, at a minimum, provide for— “(A) the submission of proposals by the Secretaries concerned or heads of Defense Agencies or other elements of the Department of Defense to the Comptroller for the use of Defense Modernization Account funds for purposes set forth in subsection (d); “(B) the use of a competitive process for the evaluation of such proposals and the selection of programs, projects, and activities to be funded out of the Defense Modernization Account from among those proposed for such funding; and “(C) the calculation of— “(i) the savings to be derived from projects described in subsection (d)(1) that are to be funded out of the Defense Modernization Account; and “(ii) the amounts to be reimbursed to the Defense Modernization Account out of such savings pursuant to subsection (c)(1)(B)(iii).” .

9. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1008(e)(1) · 117 Stat. 1392

   Substituted · 10 U.S.C. § 3136(i)

   Pub. L. 108–136, § 1008(e)(1), substituted “Annual Report” for “Quarterly Reports” in heading

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 108–136, § 1008(e)(1), substituted “Annual Report” for “Quarterly Reports” in heading.

   Enacted provision · exact public law section
   (1) by striking “Quarterly Reports.—(1) Not Deadline. later than 15 days after the end of each calendar quarter,” and inserting “Annual Report.—(1) Not later than 15 days after the end of each fiscal year,”; and

10. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1008(e)(1) · 117 Stat. 1392

    1. Substituted · 10 U.S.C. § 3136(i)(1)

       Pub. L. 108–136, § 1008(e)(1), (2), substituted “fiscal year” for “calendar quarter” in subpars. (A) to (C)

    2. Substituted · 10 U.S.C. § 3136(i)(1)

       Pub. L. 108–136, § 1008(e)(1), (2), substituted “fiscal year” for “quarter” in subpars. (A) to (C)

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 108–136, § 1008(e)(1), (2), substituted “fiscal year” for “calendar quarter” in introductory provisions and “fiscal year” for “quarter” in subpars. (A) to (C).

    Enacted provision · exact public law section
    (1) by striking “Quarterly Reports.—(1) Not Deadline. later than 15 days after the end of each calendar quarter,” and inserting “Annual Report.—(1) Not later than 15 days after the end of each fiscal year,”; and

11. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1043(b)(8) · 117 Stat. 1392

    Struck · 10 U.S.C. § 3136(j)(3)

    Pub. L. 108–136, § 1043(b)(8), struck out par. (3) which read as follows: “The term ‘congressional defense committees’ means—

    Source evidence

    Code amendment note
    Subsec. (j)(3). Pub. L. 108–136, § 1043(b)(8), struck out par. (3) which read as follows: “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.”

    Enacted provision · exact public law section
    (8) Section 2216(j) is amended by striking paragraph (3).

12. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1008(f)(1) · 117 Stat. 1392

    Added · 10 U.S.C. § 3136(k)

    Pub. L. 108–136, § 1008(f)(1), added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 108–136, § 1008(f)(1), added subsec. (k).

    Enacted provision · exact public law section
    (1) Such section is further amended by adding at the end the following new subsection: “(k) Expiration of Authority and Account.— (1) The authority under subsection (c) to transfer funds into the Defense Modernization Account terminates at the close of September 30, 2006. “(2) Three years after the termination date specified in paragraph (1), the Defense Modernization Account shall be closed and any remaining balance in the account shall be canceled and thereafter shall not be available for any purpose.” .

13. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title X § 1071(a)(16) · 120 Stat. 2083

    Substituted · 10 U.S.C. § 3136(b)(1)

    Pub. L. 109–364 substituted “subsection (c)(1)(B)(iii)” for “subsections (c)(1)(B)(iii)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 109–364 substituted “subsection (c)(1)(B)(iii)” for “subsections (c)(1)(B)(iii)”.

    Enacted provision · exact public law section
    (16) Section 2216(b)(1) is amended by striking “subsections” and inserting “subsection”.

14. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 div. A title X § 1084(a)(2) · 127 Stat. 672

    1. Redesignated · 10 U.S.C. § 3136(i)(k)

       Pub. L. 113–66 redesignated subsecs. (j) and (k) as (i) and (j), respectively

    2. Struck · 10 U.S.C. § 3136(i)(k)

       Pub. L. 113–66 struck out former subsec. (i) which related to an annual report submitted by the Secretary of Defense to the congressional defense committees and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives

    Source evidence

    Code amendment note
    Subsecs. (i) to (k). Pub. L. 113–66 redesignated subsecs. (j) and (k) as (i) and (j), respectively, and struck out former subsec. (i) which related to an annual report submitted by the Secretary of Defense to the congressional defense committees and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives.

    Enacted provision · exact public law section
    (2) Section 2216 is amended— (A) by striking subsection (i); and (B) by redesignating subsections (j) and (k) as subsections (i) and (j), respectively.

15. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(a) · 130 Stat. 2000

    Struck · 10 U.S.C. § 3136(b)(1)

    Pub. L. 114–328, § 804(a), struck out “commencing” before “projects described”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 114–328, § 804(a), struck out “commencing” before “projects described”.

    Enacted provision · exact public law section
    (a) Funds Available for Account.— Section 2216(b)(1) of title 10, United States Code, is amended by striking “commencing”.

16. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(b)(1) · 130 Stat. 2000

    1. Substituted · 10 U.S.C. § 3136(c)(1)(A)

       Pub. L. 114–328, § 804(b)(1), substituted “, or the Secretary of Defense with respect to Defense-wide appropriations accounts,” for “or the Secretary of Defense with respect to Defense-wide appropriations accounts” before “may transfer”

    2. Substituted · 10 U.S.C. § 3136(c)(1)(A)

       Pub. L. 114–328, § 804(b)(1), substituted “the Secretary concerned” for “that Secretary” before “may transfer”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A). Pub. L. 114–328, § 804(b)(1), substituted “, or the Secretary of Defense with respect to Defense-wide appropriations accounts,” for “or the Secretary of Defense with respect to Defense-wide appropriations accounts” and “the Secretary concerned” for “that Secretary” before “may transfer”.

    Enacted provision · exact public law section
    (1) in paragraph (1)(A)— (A) by striking “or the Secretary of Defense with respect to Defense-wide appropriations accounts” and inserting “, or the Secretary of Defense with respect to Defense-wide appropriations accounts,”; and (B) by striking “that Secretary” and inserting “the Secretary concerned”;

17. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(b)(2)(A) · 130 Stat. 2000

    Inserted · 10 U.S.C. § 3136(c)(1)(B)

    Pub. L. 114–328, § 804(b)(2)(A), in introductory provisions, inserted “that have been appropriated for fiscal years after fiscal year 2016 and are” after “following funds”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 114–328, § 804(b)(2)(A), in introductory provisions, inserted “that have been appropriated for fiscal years after fiscal year 2016 and are” after “following funds”.

    Enacted provision · exact public law section
    (A) by inserting after “following funds” the following: “that have been appropriated for fiscal years after fiscal year 2016 and are”;

18. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(b)(2)(B) · 130 Stat. 2000

    1. Substituted · 10 U.S.C. § 3136(c)(1)(B)(i)

       Pub. L. 114–328, § 804(b)(2)(B), substituted “or new obligations” for “for procurement”

    2. Substituted · 10 U.S.C. § 3136(c)(1)(B)(i)

       Pub. L. 114–328, § 804(b)(2)(B), substituted “an acquisition program” for “a particular procurement”

    3. Substituted · 10 U.S.C. § 3136(c)(1)(B)(i)

       Pub. L. 114–328, § 804(b)(2)(B), substituted “that program” for “that procurement”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B)(i). Pub. L. 114–328, § 804(b)(2)(B), substituted “or new obligations” for “for procurement”, “an acquisition program” for “a particular procurement”, and “that program” for “that procurement”.

    Enacted provision · exact public law section
    (B) in clause (i)— (i) by striking “for procurement” and inserting “for new obligations”; (ii) by striking “a particular procurement” and inserting “an acquisition program”; and (iii) by striking “that procurement” and inserting “that program”;

19. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(b)(2)(C) · 130 Stat. 2000

    1. Redesignated · 10 U.S.C. § 3136(c)(1)(B)(ii); 10 U.S.C. § 3136(c)(1)(B)(iii)

       Pub. L. 114–328, § 804(b)(2)(C), (D), redesignated cl. (iii) as (ii)

    2. Struck · 10 U.S.C. § 3136(c)(1)(B)(ii); 10 U.S.C. § 3136(c)(1)(B)(iii)

       Pub. L. 114–328, § 804(b)(2)(C), (D), struck out former cl. (ii) which read as follows: “Unexpired funds that are available during the final 30 days of a fiscal year for support of installations and facilities and that, as a result of economies, efficiencies, and other savings, are excess to the requirements for support of installations and facilities.”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B)(ii), (iii). Pub. L. 114–328, § 804(b)(2)(C), (D), redesignated cl. (iii) as (ii) and struck out former cl. (ii) which read as follows: “Unexpired funds that are available during the final 30 days of a fiscal year for support of installations and facilities and that, as a result of economies, efficiencies, and other savings, are excess to the requirements for support of installations and facilities.”

    Enacted provision · exact public law section
    (C) by striking clause (ii); and

20. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(b)(3) · 130 Stat. 2000

    1. Struck · 10 U.S.C. § 3136(c)(2)

       Pub. L. 114–328, § 804(b)(3), struck out “, other than funds referred to in subparagraph (B)(iii) of such paragraph,” after “Funds referred to in paragraph (1)”

    2. Substituted · 10 U.S.C. § 3136(c)(2)

       Pub. L. 114–328, § 804(b)(3), substituted “if the balance of funds” for “if—

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 114–328, § 804(b)(3), struck out “, other than funds referred to in subparagraph (B)(iii) of such paragraph,” after “Funds referred to in paragraph (1)” and substituted “if the balance of funds” for “if—

    “(A) the funds are necessary for programs, projects, and activities that, as determined by the Secretary, have a higher priority than the purposes for which the funds would be available if transferred to that account; or “(B) the balance of funds”.

    Enacted provision · exact public law section
    (3) in paragraph (2)— (A) by striking “, other than funds referred to in subparagraph (B)(iii) of such paragraph,”; and (B) by striking “if—” and all that follows through “(B) the balance of funds” and inserting “if the balance of funds”;

21. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(b)(4) · 130 Stat. 2000

    1. Substituted · 10 U.S.C. § 3136(c)(3)

       Pub. L. 114–328, § 804(b)(4), substituted “deposited in” for “credited to” in two places

    2. Inserted · 10 U.S.C. § 3136(c)(3)

       Pub. L. 114–328, § 804(b)(4), inserted “and obligation” after “available for transfer”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 114–328, § 804(b)(4), substituted “deposited in” for “credited to” in two places and inserted “and obligation” after “available for transfer”.

    Enacted provision · exact public law section
    (4) in paragraph (3)— (A) by striking “credited to” both places it appears and inserting “deposited in”; and (B) by inserting “and obligation” after “available for transfer”; and

22. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(b)(5) · 130 Stat. 2000

    Struck · 10 U.S.C. § 3136(c)(4)

    Pub. L. 114–328, § 804(b)(5), struck out par. (4) which read as follows: “The period of availability of funds for expenditure provided for in sections 1551 and 1552 of title 31 may not be extended by transfer into the Defense Modernization Account.”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 114–328, § 804(b)(5), struck out par. (4) which read as follows: “The period of availability of funds for expenditure provided for in sections 1551 and 1552 of title 31 may not be extended by transfer into the Defense Modernization Account.”

    Enacted provision · exact public law section
    (5) by striking paragraph (4).

23. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(c)(1) · 130 Stat. 2000

    1. Struck · 10 U.S.C. § 3136(d)(1)

       Pub. L. 114–328, § 804(c)(1), struck out “commencing” before “any project”

    2. Substituted · 10 U.S.C. § 3136(d)(1)

       Pub. L. 114–328, § 804(c)(1), substituted “Secretary concerned” for “Secretary of Defense”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 114–328, § 804(c)(1), struck out “commencing” before “any project” and substituted “Secretary concerned” for “Secretary of Defense”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking “commencing”; and (B) by striking “Secretary of Defense” and inserting “Secretary concerned”;

24. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(c)(2) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 3136(d)(2)

    Pub. L. 114–328, § 804(c)(2), substituted “an acquisition program” for “a procurement program”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 114–328, § 804(c)(2), substituted “an acquisition program” for “a procurement program”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “a procurement program” and inserting “an acquisition program”;

25. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(c)(3) · 130 Stat. 2000

    Amended · 10 U.S.C. § 3136(d)(3)

    Pub. L. 114–328, § 804(c)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “For research, development, test, and evaluation and for procurement necessary for modernization of an existing system or of a system being procured under an ongoing procurement program.”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 114–328, § 804(c)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “For research, development, test, and evaluation and for procurement necessary for modernization of an existing system or of a system being procured under an ongoing procurement program.”

    Enacted provision · exact public law section
    (3) by amending paragraph (3) to read as follows: “(3) For research, development, test, and evaluation, for procurement, and for sustainment activities necessary for paying costs of unforeseen contingencies that are approved by the milestone decision authority concerned, that could prevent an ongoing acquisition program from meeting critical schedule or performance requirements.” ; and

26. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(c)(4) · 130 Stat. 2000

    Added · 10 U.S.C. § 3136(d)(4)

    Pub. L. 114–328, § 804(c)(4), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 114–328, § 804(c)(4), added par. (4).

    Enacted provision · exact public law section
    (4) by inserting at the end the following new paragraph: “(4) For paying costs of changes to program requirements or system configuration that are approved by the configuration steering board for a major defense acquisition program.” .

27. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(d)(1) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 3136(e)(1)

    Pub. L. 114–328, § 804(d)(1), substituted “acquisition program” for “procurement program” in introductory provisions and subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 114–328, § 804(d)(1), substituted “acquisition program” for “procurement program” in introductory provisions and subpar. (B).

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “procurement program” both places it appears and inserting “acquisition program”; and

28. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(d)(2) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 3136(e)(2)

    Pub. L. 114–328, § 804(d)(2), substituted “authorized appropriations, unless the procedures for initiating a new start program are complied with” for “authorized appropriations”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 114–328, § 804(d)(2), substituted “authorized appropriations, unless the procedures for initiating a new start program are complied with” for “authorized appropriations”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “authorized appropriations” and inserting “authorized appropriations, unless the procedures for initiating a new start program are complied with”.

29. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(e) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 3136(f)(1)

    Pub. L. 114–328, § 804(e), substituted “Secretary of a military department, or the Secretary of Defense with respect to Defense-wide appropriations accounts,” for “Secretary of Defense”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 114–328, § 804(e), substituted “Secretary of a military department, or the Secretary of Defense with respect to Defense-wide appropriations accounts,” for “Secretary of Defense”.

    Enacted provision · exact public law section
    (e) Transfer of Funds.— Section 2216(f)(1) of such title is amended by striking “Secretary of Defense” and inserting “Secretary of a military department, or the Secretary of Defense with respect to Defense-wide appropriations accounts,”.

30. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(f) · 130 Stat. 2000

    Struck and inserted · 10 U.S.C. § 3136(g)

    Pub. L. 114–328, § 804(f), struck out “in accordance with the provisions of appropriations Acts” after “subsection (d)” and inserted at end “Funds deposited in the Defense Modernization Account shall remain available for obligation until the end of the third fiscal year that follows the fiscal year in which the amounts are deposited in the account.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–328, § 804(f), struck out “in accordance with the provisions of appropriations Acts” after “subsection (d)” and inserted at end “Funds deposited in the Defense Modernization Account shall remain available for obligation until the end of the third fiscal year that follows the fiscal year in which the amounts are deposited in the account.”

    Enacted provision · exact public law section
    (f) Availability of Funds by Appropriation.— Section 2216(g) of such title is amended— (1) by striking “in accordance with the provisions of appropriations Acts”; and (2) by adding at the end the following: “Funds deposited in the Defense Modernization Account shall remain available for obligation until the end of the third fiscal year that follows the fiscal year in which the amounts are deposited in the account.”.

31. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(g)(1) · 130 Stat. 2000

    1. Added · 10 U.S.C. § 3136(h)(2)(A); 10 U.S.C. § 3136(h)(2)(B)

       Pub. L. 114–328, § 804(g)(1), (2), added subpar. (A)

    2. Redesignated · 10 U.S.C. § 3136(h)(2)(A); 10 U.S.C. § 3136(h)(2)(B)

       Pub. L. 114–328, § 804(g)(1), (2), redesignated former subpar. (A) as (B). Former subpar. (B) redesignated (C)

    Source evidence

    Code amendment note
    Subsec. (h)(2)(A), (B). Pub. L. 114–328, § 804(g)(1), (2), added subpar. (A) and redesignated former subpar. (A) as (B). Former subpar. (B) redesignated (C).

    Enacted provision · exact public law section
    (1) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively;

32. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(g)(1) · 130 Stat. 2000

    1. Redesignated · 10 U.S.C. § 3136(h)(2)(C)

       Pub. L. 114–328, § 804(g)(1), (3), redesignated subpar. (B) as (C)

    2. Redesignated · 10 U.S.C. § 3136(h)(2)(C)

       Pub. L. 114–328, § 804(g)(1), (3), inserted “and subaccounts” after “Account”. Former subpar. (C) redesignated (D)

    Source evidence

    Code amendment note
    Subsec. (h)(2)(C). Pub. L. 114–328, § 804(g)(1), (3), redesignated subpar. (B) as (C) and inserted “and subaccounts” after “Account”. Former subpar. (C) redesignated (D).

    Enacted provision · exact public law section
    (1) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively;

33. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(g)(1) · 130 Stat. 2000

    Redesignated · 10 U.S.C. § 3136(h)(2)(D)

    Pub. L. 114–328, § 804(g)(1), redesignated subpar. (C) as (D)

    Source evidence

    Code amendment note
    Subsec. (h)(2)(D). Pub. L. 114–328, § 804(g)(1), redesignated subpar. (C) as (D).

    Enacted provision · exact public law section
    (1) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively;

34. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(g)(4) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 3136(h)(2)(D)(ii)

    Pub. L. 114–328, § 804(g)(4), substituted “subsection (c)(1)(B)(ii)” for “subsection (c)(1)(B)(iii)”

    Source evidence

    Code amendment note
    Subsec. (h)(2)(D)(ii). Pub. L. 114–328, § 804(g)(4), substituted “subsection (c)(1)(B)(ii)” for “subsection (c)(1)(B)(iii)”.

    Enacted provision · exact public law section
    (4) in subparagraph (D), as so redesignated, by striking “subsection (c)(1)(B)(iii)” and inserting “subsection (c)(1)(B)(ii)”.

35. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(h) · 130 Stat. 2000

    Amended · 10 U.S.C. § 3136(i)(1)

    Pub. L. 114–328, § 804(h), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘Secretary concerned’ includes the Secretary of Defense with respect to Defense-wide appropriations accounts.”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 114–328, § 804(h), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘Secretary concerned’ includes the Secretary of Defense with respect to Defense-wide appropriations accounts.”

    Enacted provision · exact public law section
    (h) Definitions.— Paragraph (1) of section 2216(i) of such title is amended to read as follows: “(1) The term ‘major defense acquisition program’ has the meaning given the term in section 2430(a) of this title.” .

36. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 804(j) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 3136(j)(1)

    Pub. L. 114–328, § 804(j), substituted “terminates at the close of September 30, 2022” for “terminates at the close of September 30, 2006”

    Source evidence

    Code amendment note
    Subsec. (j)(1). Pub. L. 114–328, § 804(j), substituted “terminates at the close of September 30, 2022” for “terminates at the close of September 30, 2006”.

    Enacted provision · exact public law section
    (j) Expiration of Authority.— Section 2216(j)(1) of such title is amended by striking “terminates at the close of September 30, 2006” and inserting “terminates at the close of September 30, 2022”.

37. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title XVII § 1731(a)(30) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 3136(b)(1)

    Pub. L. 116–92 substituted “subsection (c)(1)(B)(ii)” for “subsection (c)(1)(B)(iii)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–92 substituted “subsection (c)(1)(B)(ii)” for “subsection (c)(1)(B)(iii)”.

    Enacted provision · exact public law section
    (30) Section 2216(b)(1) is amended by striking “subsection (c)(1)(B)(iii)” and inserting “subsection (c)(1)(B)(ii)”.

38. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1809(g)(1) · 134 Stat. 3388

    Changed · 10 U.S.C. § 3136

    Pub. L. 116–283, § 1809(g)(1), renumbered section 2216 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1809(g)(1), renumbered section 2216 of this title as this section.

    Enacted provision · exact public law section
    (1) Transfer.— Section 2216 of title 10, United States Code, is transferred to chapter 207 of such title, as amended by subsection (a), added after section 3135, as transferred and redesignated by subsection (f), and redesignated as section 3136.

39. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 3136(i)(1)

    Pub. L. 116–283, § 1883(b)(2), substituted “section 4201 of this title” for “section 2430(a) of this title”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 116–283, § 1883(b)(2), substituted “section 4201 of this title” for “section 2430(a) of this title”.

    Enacted provision · exact public law section
    * * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.

40. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. A title VIII § 813 · 136 Stat. 2395

    Struck · 10 U.S.C. § 3136(j)

    Pub. L. 117–263 struck out subsec. (j). Text read as follows:

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 117–263 struck out subsec. (j). Text read as follows:

    “(1) The authority under subsection (c) to transfer funds into the Defense Modernization Account terminates at the close of September 30, 2022. “(2) Three years after the termination date specified in paragraph (1), the Defense Modernization Account shall be closed and any remaining balance in the account shall be canceled and thereafter shall not be available for any purpose.”

    Enacted provision · exact public law section
    SEC. 813. EXTENSION OF DEFENSE MODERNIZATION ACCOUNT AUTHORITY.   Section 3136 of title 10, United States Code, is amended by striking subsection (j).

41. 2024

    Pub. L. 118–159 div. A title X § 1003(a) · 138 Stat. 2047

    Added · 10 U.S.C. § 3136(d)(5); 10 U.S.C. § 3136(d)(6)

    Pub. L. 118–159 added pars. (5) and (6)

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

    Source evidence

    Code amendment note
    Subsec. (d)(5), (6). Pub. L. 118–159 added pars. (5) and (6).

    Effective date note
    Pub. L. 118–159, div. A, title X, § 1003(b), Dec. 23, 2024, 138 Stat. 2047, provided that: “Paragraphs (5) and (6) of subsection (d) of section 3136 of title 10, United States Code, as added by subsection (a), shall apply only with respect to funds made available, and transferred to the Defense Modernization Account, on or after the date of the enactment of this Act [Dec. 23, 2024].”

42. 2025

    Pub. L. 119–60 div. A title XVIII § 1811(g)(1) · 139 Stat. 1243

    Substituted · 10 U.S.C. § 3136(e)(1)(A)

    Pub. L. 119–60 substituted “in excess of a specific limitation” for “in excess of—

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

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 119–60 substituted “in excess of a specific limitation” for “in excess of—

    “(i) a specific limitation” and struck out cl. (ii) which read as follows: “the requirement for the items or services as approved by the Joint Requirements Oversight Council and reported to Congress by the Secretary of Defense; or”.

55 of 57 references resolved to an enrolled provision · 2 unresolved