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10 U.S.C. § 239c — Certain multiyear contracts for acquisition of property: budget justification materials
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim)), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3501&num=0&edition=prelim) that—
(1) the head of an agency intends to cancel during the fiscal year; or
(2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year.
**(b) Elements.—** Each proposal required by subsection (a) shall include the following:
(1) A detailed explanation of the rationale for the proposed cancellation or covered modification of the multiyear contract.
(2) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract.
(3) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification.
(4) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification.
(5) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies.
**(c) Definitions.—** In this section:
(1) The term “co
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Source location: Title 10, Chapter 9, § 239c; chapter-009-defense-budget-matters.md
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**(a) In General.—** In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim)), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3501&num=0&edition=prelim) that—
(1) the head of an agency intends to cancel during the fiscal year; or
(2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year.
**(b) Elements.—** Each proposal required by subsection (a) shall include the following:
(1) A detailed explanation of the rationale for the proposed cancellation or covered modification of the multiyear contract.
(2) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract.
(3) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification.
(4) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification.
(5) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies.
**(c) Definitions.—** In this section:
(1) The term “covered modification” means a modification that will result in a reduction in the quantity of end items to be procured.
(2) The term “head of an agency” means—
(A) the Secretary of Defense;
(B) the Secretary of the Army;
(C) the Secretary of the Navy; or
(D) the Secretary of the Air Force.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** To the extent that funds are otherwise available for obligation, the head of an agency may enter into multiyear contracts for the purchase of property whenever the head of that agency finds each of the following:
(1) That the use of such a contract will result in—
(A) savings of the total anticipated costs of carrying out the program through annual contracts; or
(B) necessary defense industrial base stability not otherwise achievable through annual contracts.
(2) That the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.
(3) That there is a reasonable expectation that throughout the contemplated contract period the head of the agency will request funding for the contract at the level required to avoid contract cancellation.
(4) That there is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive.
(5) That the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic.
(6) In the case of a purchase by the Department of Defense, that the use of such a contract will promote the national security of the United States.
(7) In the case of a contract in an amount equal to or greater than $500,000,000, that the conditions required by subparagraphs (C) through (F) of subsection (i)(3) will be met, in accordance with the Secretary’s certification and determination under such subsection, by such contract.
**(b) Regulations.—**
(1) Each official named in paragraph (2) shall prescribe acquisition regulations for the agency or agencies under the jurisdiction o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
Page 326
TITLE 10—ARMED FORCES
[§ 239a
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
PLAN TO CARRY OUT UNIFIED MAJOR FORCE PROGRAM
DESIGNATION
Pub. L. 114–92, div. A, title XVI, § 1601(b), Nov. 25, 2015,
129 Stat. 1096, provided that: ‘‘Not later than 180 days
after the date of the enactment of this Act [Nov. 25,
2015], the Secretary of Defense shall submit to the con-
gressional defense committees [Committees on Armed
Services and Appropriations of the Senate and the
House of Representatives] a plan to carry out the uni-
fied major force program designation required by sec-
tion 239(a) of title 10, United States Code, as added by
subsection (a)(1), including any recommendations for
legislative action the Secretary determines appro-
priate.’’
[§ 239a. Repealed. Pub. L. 118–159, div. A, title
XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199]
Section, added Pub. L. 115–91, div. A, title XVI,
§ 1676(a)(1), Dec. 12, 2017, 131 Stat. 1771, related to major
force program and budget assessment for missile de-
fense and defeat programs. See section 5515 of this title.
§ 239b. Certain intelligence-related programs:
budget justification materials
(a) PROHIBITION
ON
USE
OF
PROGRAM
ELE-
MENTS.—In the budget justification materials
submitted to Congress in support of the Depart-
ment of Defense budget for fiscal year 2021 and
each fiscal year thereafter (as submitted with
the budget of the President under section 1105(a)
of title 31), the Secretary of Defense may not in-
clude in any single program element both funds
made available under the Military Intelligence
Program and funds made available outside of
the Military Intelligence Program.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘budget’’ has the meaning
given that
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 239c
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