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10 U.S.C. § 2212 — Renumbered § 3138]

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2212 — Renumbered § 3138]

### Statutory Notes #### Prior Provisions A prior section 2212, added Pub. L. 100–370, § 1(d)(2)(A), July 19, 1988, 102 Stat. 842, directed Secretary of Defense to maintain within each military department an accounting procedure to aid in identification and control of expenditures for contracted advisory and assistance services, prior to repeal by Pub. L. 103–355, title II, § 2454(c)(1), Oct. 13, 1994, 108 Stat. 3326. Another prior section 2212, added Pub. L. 95–356, title VIII, § 802(a)(1), Sept. 8, 1978, 92 Stat. 585; amended Pub. L. 97–258, § 3(b)(5), Sept. 18, 1982, 96 Stat. 1063, related to transmission of annual military construction authorization request, prior to repeal by Pub. L. 97–214, § 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See [section 2859 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2859&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_17721ca0f6809771c0aee22b
Source file: Laws/federal/codes/united-states-code/title-10/section-2212-renumbered-3138--0039525654.md
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Source location: Title 10, Chapter 131, § 2212; chapter-131-planning-and-coordination.md

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### Statutory Notes #### Prior Provisions A prior section 2212, added Pub. L. 100–370, § 1(d)(2)(A), July 19, 1988, 102 Stat. 842, directed Secretary of Defense to maintain within each military department an accounting procedure to aid in identification and control of expenditures for contracted advisory and assistance services, prior to repeal by Pub. L. 103–355, title II, § 2454(c)(1), Oct. 13, 1994, 108 Stat. 3326. Another prior section 2212, added Pub. L. 95–356, title VIII, § 802(a)(1), Sept. 8, 1978, 92 Stat. 585; amended Pub. L. 97–258, § 3(b)(5), Sept. 18, 1982, 96 Stat. 1063, related to transmission of annual military construction authorization request, prior to repeal by Pub. L. 97–214, § 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See [section 2859 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2859&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2859 — Repealed. Pub. L. 119–60, div. B, title XXVIII, § 2848(a), Dec. 18, 2025, 139 Stat. 1319]

### Statutory Notes Section, added Pub. L. 108–375, div. B, title XXVIII, § 2804(a)(1), Oct. 28, 2004, 118 Stat. 2121; amended Pub. L. 109–364, div. B, title XXVIII, § 2808(a), (b)(1), Oct. 17, 2006, 120 Stat. 2469; Pub. L. 112–239, div. A, title X, § 1081(2), Jan. 2, 2013, 126 Stat. 1960; Pub. L. 113–66, div. B, title XXVIII, § 2803(a), Dec. 26, 2013, 127 Stat. 1006; Pub. L. 115–91, div. A, title X, § 1051(a)(22), Dec. 12, 2017, 131 Stat. 1562, related to construction requirements pertaining to antiterrorism and force protection or urban-training operations.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3138 — Obligations for contract services: reporting in budget object classes

**(a) Limitation on Reporting in Miscellaneous Services Object Class.—** The Secretary of Defense shall ensure that, in reporting to the Office of Management and Budget (pursuant to OMB Circular A–11 (relating to preparation and submission of budget estimates)) obligations of the Department of Defense for any period of time for contract services, no more than 15 percent of the total amount of obligations so reported is reported in the miscellaneous services object class. **(b) Definition of Reporting Categories for Advisory and Assistance Services.—** In carrying out [section 1105(g) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/g&num=0&edition=prelim) for the Department of Defense (and in determining what services are to be reported to the Office of Management and Budget in the advisory and assistance services object class), the Secretary of Defense shall apply to the terms used for the definition of “advisory and assistance services” in paragraph (2)(A) of that section the following meanings (subject to the authorized exemptions): (1) **Management and professional support services.—** — The term “management and professional support services” (used in clause (i) of [section 1105(g)(2)(A) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/g/2/A&num=0&edition=prelim)) means services that provide engineering or technical support, assistance, advice, or training for the efficient and effective management and operation of organizations, activities, or systems. Those services— (A) are closely related to the basic responsibilities and mission of the using organization; and (B) include efforts that support or contribute to improved organization or program management, logistics ma

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2212 — Untitled legal text

Page 1752 TITLE 10—ARMED FORCES § 2210 management funds are available for obligation only during the fiscal year in which they are ad- vanced. (Added Pub. L. 87–651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 522.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2209(a) ..... 2209(b) ..... 2209(c) ..... 5:172e(a), (b). 5:172e(c) (last sentence). 5:172e(c) (less last sen- tence). 5:172e(d). July 3, 1942, ch. 484; re- stated Aug. 10, 1949, ch. 412, § 11 (16th through 19th pars.), 63 Stat. 588. In subsection (a), the second sentence is substituted for the second sentence of 5 U.S.C. 172e(a) and the first sentence (less last 21 words) of 5 U.S.C. 172e(b) which are omitted as unnecessary. In subsection (c), the 13th through 33d words of 5 U.S.C. 172e(d) are omitted as surplusage. § 2210. Proceeds of sales of supplies: credit to ap- propriations (a)(1) A working-capital fund established pur- suant to section 2208 of this title may retain so much of the proceeds of disposals of property re- ferred to in paragraph (2) as is necessary to re- cover the expenses incurred by the fund in dis- posing of such property. Proceeds from the sale or disposal of such property in excess of amounts necessary to recover the expenses may be credited to current applicable appropriations of the Department of Defense. (2) Paragraph (1) applies to disposals of sup- plies, material, equipment, and other personal property that were not financed by stock funds established under section 2208 of this title. (b) Obligations may, without regard to fiscal year limitations, be incurred against antici- pated reimbursements to stock funds in such amounts and for such period as the Secretary of Defense, with the approval of the Pres

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