10 U.S.C. § 2218 — National Defense Sealift Fund

Page 1754 TITLE 10—ARMED FORCES [§ 2217 1 See References in Text note below. (1) Amounts appropriated to the Fund. (2) Amounts transferred to the Fund. (3) Any other amounts made available to the Fund by law. (c) USE OF FUNDS.—(1) Amounts in the Fund shall be available to the Secretary of Defense for capabilities that are determined by the Sec- retary, pursuant to the review process required by Department of Defense Instruction 5000.81 (or any successor instruction), dated December 31, 2019, and titled ‘‘Urgent Capability Acquisi- tion’’, to be suitable for rapid fielding in re- sponse to urgent operational needs. (2) The Secretary shall establish a merit-based process for identifying equipment, supplies, services, training, and facilities suitable for funding through the Fund. (3) Nothing in this section shall be interpreted to require or enable any official of the Depart- ment of Defense to provide funding under this section pursuant to a congressional earmark, as defined in clause 9 of Rule XXI of the Rules of the House of Representatives, or a congression- ally directed spending item, as defined in para- graph 5 of Rule XLIV of the Standing Rules of the Senate. (d) TRANSFER AUTHORITY.—(1) Amounts in the Fund may be transferred by the Secretary of De- fense from the Fund to any of the following ac- counts of the Department of Defense to accom- plish the purpose stated in subsection (c): (A) Operation and maintenance accounts. (B) Procurement accounts. (C) Research, development, test, and evalua- tion accounts. (2) Upon determination by the Secretary that all or part of the amounts transferred from the Fund under paragraph (1) are not necessary for the purpose for which transferred, such amounts may be transferred back to the Fund. (3) The transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount so transferred. (4) The transfer authority provided by para- graphs (1) and (2) is in addition to any other transfer authority available to the Department of Defense by law. (e) SUNSET.—The authority to make expendi- tures or transfers from the Fund shall expire on September 30, 2018. (Added Pub. L. 112–81, div. A, title VIII, § 846(a)(1), Dec. 31, 2011, 125 Stat. 1516; amended Pub. L. 112–239, div. A, title X, § 1076(e)(2), Jan. 2, 2013, 126 Stat. 1951; Pub. L. 113–291, div. A, title VIII, § 860, Dec. 19, 2014, 128 Stat. 3461; Pub. L. 117–263, div. A, title VIII, § 804(d)(1), Dec. 23, 2022, 136 Stat. 2701.) Editorial Notes PRIOR PROVISIONS A prior section 2216a, added Pub. L. 104–106, div. A, title III, § 371(a)(1), Feb. 10, 1996, 110 Stat. 277, § 2216; re- numbered § 2216a and amended Pub. L. 104–201, div. A, title III, §§ 363(c), 364, title X, § 1074(a)(10), Sept. 23, 1996, 110 Stat. 2493, 2494, 2659, related to Defense Business Op- erations Fund, prior to repeal by Pub. L. 105–261, div. A, title X, § 1008(b), Oct. 17, 1998, 112 Stat. 2117. AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–263 substituted ‘‘De- partment of Defense Instruction 5000.81 (or any suc- cessor instruction), dated December 31, 2019, and titled ‘Urgent Capability Acquisition’ ’’ for ‘‘section 804(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302 note)’’. 2014—Subsec. (e). Pub. L. 113–291 substituted ‘‘Sep- tember 30, 2018’’ for ‘‘September 30, 2015’’. 2013—Subsec. (e). Pub. L. 112–239 substituted ‘‘on Sep- tember 30, 2015.’’ for ‘‘on the last day of the third fiscal year that begins after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012.’’ Statutory Notes and Related Subsidiaries LIMITATION ON COMMENCEMENT OF EXPENDITURES FROM FUND Pub. L. 112–81, div. A, title VIII, § 846(b), Dec. 31, 2011, 125 Stat. 1517, provided that: ‘‘No expenditure may be made from the Joint Urgent Operational Needs Fund established by section 2216a of title 10, United States Code (as added by subsection (a)), until the Secretary of Defense certifies to the congressional defense commit- tees [Committees on Armed Services and Appropria- tions of the Senate and the House of Representatives] that the Secretary has developed and implemented an expedited review process in compliance with the re- quirements of section 804 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4256; 10 U.S.C. 2302 note).’’ [§ 2217. Renumbered § 3135] § 2218. National Defense Sealift Fund (a) ESTABLISHMENT.—There is established in the Treasury of the United States a fund to be known as the ‘‘National Defense Sealift Fund’’. (b) ADMINISTRATION OF FUND.—The Secretary of Defense shall administer the Fund consistent with the provisions of this section. (c) FUND PURPOSES.—(1) Funds in the National Defense Sealift Fund shall be available for obli- gation and expenditure only for the following purposes: (A) Construction (including design of ves- sels), purchase, alteration, and conversion of Department of Defense sealift vessels. (B) Operation, maintenance, and lease or charter of Department of Defense vessels for national defense purposes. (C) Installation and maintenance of defense features for national defense purposes on pri- vately owned and operated vessels that are constructed in the United States and docu- mented under the laws of the United States. (D) Expenses for maintaining the National Defense Reserve Fleet under section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405),1 and for the costs of acquisition of ves- sels for, and alteration and conversion of ves- sels in (or to be placed in), the fleet, but only for vessels built in United States shipyards. (2) Funds in the National Defense Sealift Fund may be obligated or expended only in amounts authorized by law. (3) Funds obligated and expended for a purpose set forth in subparagraph (B) of paragraph (1) may be derived only from funds deposited in the National Defense Sealift Fund pursuant to sub- section (d)(1). Page 1755 TITLE 10—ARMED FORCES § 2218 (d) DEPOSITS.—There shall be deposited in the Fund the following: (1) All funds appropriated to the Department of Defense for— (A) construction (including design of ves- sels), purchase, alteration, and conversion of national defense sealift vessels; (B) operations, maintenance, and lease or charter of national defense sealift vessels; and (C) installation and maintenance of de- fense features for national defense purposes on privately owned and operated vessels. (2) All receipts from the disposition of na- tional defense sealift vessels, excluding re- ceipts from the sale, exchange, or scrapping of National Defense Reserve Fleet vessels under sections 57101–57104 and chapter 573 of title 46. (3) All receipts from the charter of vessels under section 1424(c) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 8661 note). (4) Any other funds made available to the Department of Defense to carry out any of the purposes described in subsection (c). (e) ACCEPTANCE OF SUPPORT.—(1) The Sec- retary of Defense may accept from any person, foreign government, or international organiza- tion any contribution of money, personal prop- erty (excluding vessels), or assistance in kind for support of the sealift functions of the De- partment of Defense. (2) Any contribution of property accepted under paragraph (1) may be retained and used by the Department of Defense or disposed of in ac- cordance with procedures prescribed by the Sec- retary of Defense. (3) The Secretary of Defense shall deposit in the Fund money and receipts from the disposi- tion of any property accepted under paragraph (1). (f) LIMITATIONS.—(1) A vessel built in a foreign ship yard may not be purchased with funds in the National Defense Sealift Fund pursuant to subsection (c)(1), unless specifically authorized by law. (2) Construction, alteration, or conversion of vessels with funds in the National Defense Sea- lift Fund pursuant to subsection (c)(1) shall be conducted in United States ship yards and shall be subject to section 1424(b) of Public Law 101–510 (104 Stat. 1683). (3)(A) Notwithstanding the limitations under subsection (c)(1)(D) and paragraph (1), the Sec- retary of Defense may, as part of a program to recapitalize the Ready Reserve Force component of the national defense reserve fleet and the Military Sealift Command surge fleet, purchase any used vessel, regardless of where such vessel was constructed if such vessel— (i) participated in the Maritime Security Fleet; and (ii) is available for purchase at a reasonable cost, as determined by the Secretary. (B) If the Secretary determines that no used vessel meeting the requirements under clauses (i) and (ii) of subparagraph (A) is available, the Secretary may purchase a used vessel com- parable to a vessel described in clause (i) of sub- paragraph (A), regardless of the source of the vessel or where the vessel was constructed, if such vessel is available for purchase at a reason- able cost, as determined by the Secretary. (C) The Secretary may not use the authority under this paragraph to purchase more than 10 foreign constructed vessels. (D) The Secretary shall ensure that the initial conversion, or modernization of any vessel pur- chased under the authority of subparagraph (A) occurs in a shipyard located in the United States. (E) The Secretary may not use the authority under this paragraph to procure more than four foreign constructed vessels unless the Secretary submits to Congress, by not later than the sec- ond week of February of the fiscal year during which the Secretary plans to use such authority, a certification that— (i) the Secretary has initiated an acquisition strategy for the construction in United States shipyards of not less than ten new vessels that are sealift vessels, auxiliary vessels, or a com- bination of such vessels; and (ii) of such new vessels, the lead ship is an- ticipated to be delivered by not later than 2028. (F) Not later than 30 days before the purchase of any vessel using the authority under this paragraph, the Secretary, in consultation with the Maritime Administrator, shall submit to the congressional defense committees a report that contains each of the following with respect to such purchase: (i) The proposed date of the purchase. (ii) The price at which the vessel would be purchased. (iii) The anticipated cost of modernization of the vessel. (iv) The proposed military utility of the ves- sel. (v) The proposed date on which the vessel will be available for use by the Ready Reserve. (vi) The contracting office responsible for the completion of the purchase. (vii) Certification that— (I) there was no vessel available for pur- chase at a reasonable price that was con- structed in the United States; and (II) the used vessel purchased supports the recapitalization of the Ready Reserve Force component of the National Defense Reserve Fleet or the Military Sealift Command surge fleet. (viii) A detailed account of the criteria used to make the determination under subpara- graph (B). (G) The Secretary may not finalize or execute the final purchase of any vessel using the au- thority under this paragraph until 30 days after the date on which a report under subparagraph (F) is submitted with respect to such purchase. (g) EXPIRATION OF FUNDS AFTER 5 YEARS.—No part of an appropriation that is deposited in the National Defense Sealift Fund pursuant to sub- section (d)(1) shall remain available for obliga- tion more than five years after the end of fiscal year for which appropriated except to the extent specifically provided by law. (h) BUDGET REQUESTS.—Budget requests sub- mitted to Congress for the National Defense Sealift Fund shall separately identify— Page 1756 TITLE 10—ARMED FORCES § 2218 (1) the amount requested for programs, projects, and activities for construction (in- cluding design of vessels), purchase, alter- ation, and conversion of national defense sea- lift vessels; (2) the amount requested for programs, projects, and activities for operation, mainte- nance, and lease or charter of national defense sealift vessels; (3) the amount requested for programs, projects, and activities for installation and maintenance of defense features for national defense purposes on privately owned and oper- ated vessels that are constructed in the United States and documented under the laws of the United States; and (4) the amount requested for programs, projects, and activities for research and devel- opment relating to national defense sealift. (i) TITLE OR MANAGEMENT OF VESSELS.—Noth- ing in this section (other than subsection (c)(1)(D)) shall be construed to affect or modify title to, management of, or funding responsibil- ities for, any vessel of the National Defense Re- serve Fleet, or assigned to the Ready Reserve Force component of the National Defense Re- serve Fleet, as established by section 57100 of title 46. (j) CONTRACTS FOR INCORPORATION OF DEFENSE FEATURES IN COMMERCIAL VESSELS.—(1) The head of an agency may enter into a contract with a company submitting an offer for that company to install and maintain defense fea- tures for national defense purposes in one or more commercial vessels owned or controlled by that company in accordance with the purpose for which funds in the National Defense Sealift Fund are available under subsection (c)(1)(C). The head of the agency may enter into such a contract only after the head of the agency makes a determination of the economic sound- ness of the offer. As consideration for a contract with the head of an agency under this sub- section, the company entering into the contract shall agree with the Secretary of Defense to make any vessel covered by the contract avail- able to the Secretary, fully crewed and ready for sea, at any time at any port determined by the Secretary, and for whatever duration the Sec- retary determines necessary. (2) The head of an agency may make advance payments to the contractor under a contract under paragraph (1) in a lump sum, in annual payments, or in a combination thereof for costs associated with the installation and mainte- nance of the defense features on a vessel covered by the contract, as follows: (A) The costs to build, procure, and install a defense feature in the vessel. (B) The costs to periodically maintain and test any defense feature on the vessel. (C) Any increased costs of operation or any loss of revenue attributable to the installation or maintenance of any defense feature on the vessel. (D) Any additional costs associated with the terms and conditions of the contract. (E) Payments of such sums as the Govern- ment would otherwise expend, if the vessel were placed in the Ready Reserve Fleet, for maintaining the vessel in the status des- ignated as ‘‘ROS–4 status’’ in the Ready Re- serve Fleet for 25 years. (3) For any contract under paragraph (1) under which the United States makes advance pay- ments under paragraph (2) for the costs associ- ated with installation or maintenance of any de- fense feature on a commercial vessel, the con- tractor shall provide to the United States such security interests in the vessel, by way of a pre- ferred mortgage under section 31322 of title 46 or otherwise, as the head of the agency may pre- scribe in order to adequately protect the United States against loss for the total amount of those costs. (4) Each contract entered into under this sub- section shall— (A) set forth terms and conditions under which, so long as a vessel covered by the con- tract is owned or controlled by the contractor, the contractor is to operate the vessel for the Department of Defense notwithstanding any other contract or commitment of that con- tractor; and (B) provide that the contractor operating the vessel for the Department of Defense shall be paid for that operation at fair and reason- able rates. (5) The head of an agency may not delegate authority under this subsection to any officer or employee in a position below the level of head of a procuring activity. (6) The head of an agency may not enter into a contract under paragraph (1) that would pro- vide for payments to the contractor as author- ized in paragraph (2)(E) until notice of the pro- posed contract is submitted to the congressional defense committees and a period of 90 days has elapsed. (k) DEFINITIONS.—In this section: (1) The term ‘‘Fund’’ means the National De- fense Sealift Fund established by subsection (a). (2) The term ‘‘Department of Defense sealift vessel’’ means any ship owned, operated, con- trolled, or chartered by the Department of De- fense that is any of the following: (A) A fast sealift ship, including any vessel in the Fast Sealift Program established under section 1424 of Public Law 101–510 (104 Stat. 1683). (B) Any other auxiliary vessel that was procured or chartered with specific author- ization in law for the vessel, or class of ves- sels, to be funded in the National Defense Sealift Fund. (3) The term ‘‘national defense sealift ves- sel’’ means— (A) a Department of Defense sealift vessel; and (B) a national defense reserve fleet vessel, including a vessel in the Ready Reserve Force maintained under section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405).1 (4) The term ‘‘head of an agency’’ has the meaning given that term in section 3004 of this title. (5) The term ‘‘Maritime Security Fleet’’ means the fleet established under section 53102(a) of title 46. Page 1757 TITLE 10—ARMED FORCES § 2218 (Added Pub. L. 102–484, div. A, title X, § 1024(a)(1), Oct. 23, 1992, 106 Stat. 2486; amended Pub. L. 102–396, title V, Oct. 6, 1992, 106 Stat. 1896; Pub. L. 104–106, div. A, title X, § 1014(a), title XV, § 1502(a)(15), Feb. 10, 1996, 110 Stat. 423, 503; Pub. L. 106–65, div. A, title X, §§ 1014(b), 1015, 1067(1), Oct. 5, 1999, 113 Stat. 742, 743, 774; Pub. L. 106–398, § 1 [[div. A], title X, § 1011], Oct. 30, 2000, 114 Stat. 1654, 1654A–251; Pub. L. 107–107, div. A, title X, § 1048(e)(9), Dec. 28, 2001, 115 Stat. 1228; Pub. L. 108–136, div. A, title X, § 1043(b)(9), Nov. 24, 2003, 117 Stat. 1611; Pub. L. 109–163, div. A, title X, § 1018(d), Jan. 6, 2006, 119 Stat. 3426; Pub. L. 109–304, § 17(a)(2), Oct. 6, 2006, 120 Stat. 1706; Pub. L. 110–417, [div. A], title XIV, § 1407, Oct. 14, 2008, 122 Stat. 4647; Pub. L. 114–328, div. A, title X, § 1081(b)(5), Dec. 23, 2016, 130 Stat. 2419; Pub. L. 115–91, div. A, title X, § 1021(a)–(c), div. C, title XXXV, § 3502(b)(1), Dec. 12, 2017, 131 Stat. 1546, 1547, 1910; Pub. L. 115–232, div. A, title VIII, § 809(a), title X, §§ 1012, 1013, Aug. 13, 2018, 132 Stat. 1840, 1947, 1948; Pub. L. 116–92, div. A, title X, § 1031(a), Dec. 20, 2019, 133 Stat. 1579; Pub. L. 116–283, div. A, title X, § 1022, title XVIII, § 1806(e)(1)(A), Jan. 1, 2021, 134 Stat. 3840, 4155; Pub. L. 118–159, div. A, title X, § 1022, Dec. 23, 2024, 138 Stat. 2052.) Editorial Notes REFERENCES IN TEXT Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405), referred to in subsecs. (c)(1)(D) and (k)(3)(B), was redesignated as and transferred to section 57100 of Title 46, Shipping, by Pub. L. 115–91, div. C, title XXXV, § 3502(a)(3), Dec. 12, 2017, 131 Stat. 1910. Section 1424 of Public Law 101–510, referred to in sub- secs. (d)(3), (f)(2), and (k)(2)(A), is section 1424 of the Na- tional Defense Authorization Act for Fiscal Year 1991, which is set out as a note under section 7291 of this title. CODIFICATION Pub. L. 102–396, title V, Oct. 6, 1992, 106 Stat. 1896, pro- vided that section 1024 of the National Defense Author- ization Act for Fiscal Year 1993 [H.R. 5006, Pub. L. 102–484], as it passed the Senate on Oct. 3, 1992, shall be amended in subsection 2218(c)(2) proposed for inclusion in this chapter by deleting all after ‘‘expended only’’ down to and including ‘‘appropriations Act’’ and insert- ing in lieu thereof ‘‘in amounts authorized by law’’. It further provided that for purposes of that amendment, Pub. L. 102–396 shall be treated as having been enacted after Pub. L. 102–484, regardless of the actual dates of enactment. The date of Oct. 3, 1992, referred to as the date the Senate passed the National Defense Authoriza- tion Act for Fiscal Year 1993, apparently is based on an order adopted by the Senate on Oct. 3, 1992 [Cong. Rec., vol. 138, pt. 21, p. 30919] providing that when the con- ference report on the National Defense Authorization Act for Fiscal Year 1993 was received by the Senate from the House of Representatives it would be deemed to have been agreed to. On Oct. 5, 1992, the Senate re- ceived the conference report from the House, and it was considered adopted pursuant to that order [Cong. Rec., vol. 138, pt. 22, p. 31565]. AMENDMENTS 2024—Subsec. (f)(3)(A). Pub. L. 118–159, § 1022(1)(A), substituted ‘‘subsection (c)(1)(D)’’ for ‘‘subsection (c)(1)(E)’’. Subsec. (f)(3)(C). Pub. L. 118–159, § 1022(1)(B), sub- stituted ‘‘10’’ for ‘‘nine’’. Subsec. (i). Pub. L. 118–159, § 1022(2), substituted ‘‘sub- section (c)(1)(D)’’ for ‘‘subsection (c)(1)(E)’’. 2021—Subsec. (f)(3)(C). Pub. L. 116–283, § 1022(1), sub- stituted ‘‘nine’’ for ‘‘seven’’. Subsec. (f)(3)(E). Pub. L. 116–283, § 1022(2)(A), sub- stituted ‘‘four’’ for ‘‘two’’ in introductory provisions. Subsec. (f)(3)(E)(ii). Pub. L. 116–283, § 1022(2)(B), sub- stituted ‘‘2028’’ for ‘‘2026’’. Subsec. (f)(3)(G). Pub. L. 116–283, § 1022(3), substituted ‘‘subparagraph (F)’’ for ‘‘subparagraph (E)’’. Subsec. (k)(4). Pub. L. 116–283, § 1806(e)(1)(A), sub- stituted ‘‘section 3004’’ for ‘‘section 2302(1)’’. 2019—Subsec. (f)(3)(E)(i). Pub. L. 116–92, § 1031(a)(1), substituted ‘‘ten new vessels that are sealift vessels, auxiliary vessels, or a combination of such vessels’’ for ‘‘ten new sealift vessels’’. Subsec. (f)(3)(E)(ii). Pub. L. 116–92, § 1031(a)(2), struck out ‘‘sealift’’ before ‘‘vessels’’. 2018—Subsec. (d)(3). Pub. L. 115–232, § 809(a), sub- stituted ‘‘section 1424(c) of the National Defense Au- thorization Act for Fiscal Year 1991 (10 U.S.C. 8661 note)’’ for ‘‘section 1424(c) of the National Defense Au- thorization Act for Fiscal Year 1991 (10 U.S.C. 7291 note)’’. Subsec. (f)(3)(C). Pub. L. 115–232, § 1012(1), substituted ‘‘seven’’ for ‘‘two’’ and ‘‘vessels’’ for ‘‘ships’’. Subsec. (f)(3)(E). Pub. L. 115–232, § 1012(3), added sub- par. (E). Former subpar. (E) redesignated (F). Subsec. (f)(3)(F). Pub. L. 115–232, §§ 1012(2), 1013(1)(A), redesignated subpar. (E) as (F) and substituted ‘‘30 days before’’ for ‘‘30 days after’’ in introductory provisions. Subsec. (f)(3)(F)(i). Pub. L. 115–232, § 1013(1)(B), in- serted ‘‘proposed’’ before ‘‘date’’. Subsec. (f)(3)(F)(ii). Pub. L. 115–232, § 1013(1)(C), sub- stituted ‘‘would be purchased.’’ for ‘‘was purchased.’’ Subsec. (f)(3)(F)(viii). Pub. L. 115–232, § 1013(1)(D), added cl. (viii). Subsec. (f)(3)(G). Pub. L. 115–232, § 1013(2), added sub- par. (G). 2017—Subsec. (c)(1)(D), (E). Pub. L. 115–91, § 1021(a)(1)(A), redesignated subpar. (E) as (D) and struck out former subpar. (D) which read as follows: ‘‘Research and development relating to national de- fense sealift.’’ Subsec. (c)(3). Pub. L. 115–91, § 1021(a)(1)(B), struck out ‘‘or (D)’’ after ‘‘subparagraph (B)’’. Subsec. (d)(1)(D). Pub. L. 115–91, § 1021(a)(2)(A), struck out subpar. (D) which read as follows: ‘‘research and de- velopment relating to national defense sealift.’’ Subsec. (d)(4). Pub. L. 115–91, § 1021(a)(2)(B), added par. (4). Subsec. (f)(3). Pub. L. 115–91, § 1021(b), added par. (3). Subsec. (i). Pub. L. 115–91, § 3502(b)(1), substituted ‘‘section 57100 of title 46’’ for ‘‘section 11 of the Mer- chant Ship Sales Act of 1946 (50 U.S.C. App. 1744)’’. Subsec. (k)(5). Pub. L. 115–91, § 1021(c), added par. (5). 2016—Subsecs. (c)(1)(E), (k)(3)(B). Pub. L. 114–328 sub- stituted ‘‘(50 U.S.C. 4405)’’ for ‘‘(50 U.S.C. App. 1744)’’. 2008—Subsecs. (j), (k). Pub. L. 110–417, § 1407(1), redes- ignated subsecs. (k) and (l) as (j) and (k), respectively, and struck out heading and text of former subsec. (j). Text read as follows: ‘‘Upon a determination by the Secretary of Defense that such action serves the na- tional defense interest and after consultation with the congressional defense committees, the Secretary may use funds available for obligation or expenditure for a purpose specified under subsection (c)(1)(A), (B), (C), and (D) for any purpose under subsection (c)(1).’’ Subsec. (k)(2)(B) to (I). Pub. L. 110–417, § 1407(2), added subpar. (B) and struck out former subpars. (B) to (I) which read as follows: ‘‘(B) A maritime prepositioning ship. ‘‘(C) An afloat prepositioning ship. ‘‘(D) An aviation maintenance support ship. ‘‘(E) A hospital ship. ‘‘(F) A strategic sealift ship. ‘‘(G) A combat logistics force ship. ‘‘(H) A maritime prepositioned ship. ‘‘(I) Any other auxiliary support vessel.’’ Subsec. (l). Pub. L. 110–417, § 1407(1), redesignated sub- sec. (l) as (k). 2006—Subsec. (d)(2). Pub. L. 109–304 substituted ‘‘sec- tions 57101–57104 and chapter 573 of title 46’’ for ‘‘sec- Page 1758 TITLE 10—ARMED FORCES § 2218a tions 508 and 510 of the Merchant Marine Act of 1936 (46 U.S.C. App. 1158, 1160), shall be deposited in the Fund’’. Subsec. (f)(1). Pub. L. 109–163 substituted ‘‘A vessel built in a foreign ship yard may not be’’ for ‘‘Not more than a total of five vessels built in foreign ship yards may be’’ and inserted ‘‘, unless specifically authorized by law’’ before period at end. 2003—Subsec. (l)(4), (5). Pub. L. 108–136 redesignated par. (5) as (4) and struck out former par. (4) which read as follows: ‘‘The term ‘congressional defense commit- tees’ 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 Rep- resentatives.’’ 2001—Subsec. (d)(1). Pub. L. 107–107 struck out ‘‘for fiscal years after fiscal year 1993’’ after ‘‘Department of Defense’’ in introductory provisions. 2000—Subsec. (k)(1). Pub. L. 106–398, § 1 [[div. A], title X, § 1011(1)], inserted at end ‘‘As consideration for a contract with the head of an agency under this sub- section, the company entering into the contract shall agree with the Secretary of Defense to make any vessel covered by the contract available to the Secretary, fully crewed and ready for sea, at any time at any port determined by the Secretary, and for whatever dura- tion the Secretary determines necessary.’’ Subsec. (k)(2)(E). Pub. L. 106–398, § 1 [[div. A], title X, § 1011(2)], added subpar. (E). Subsec. (k)(6). Pub. L. 106–398, § 1 [[div. A], title X, § 1011(3)], added par. (6). 1999—Subsec. (k). Pub. L. 106–65, § 1015(a)(2), added subsec. (k). Former subsec. (k) redesignated (l). Subsec. (k)(2). Pub. L. 106–65, § 1014(b), substituted ‘‘that is any of the following:’’ for ‘‘that is—’’ in intro- ductory provisions, substituted ‘‘A’’ for ‘‘a’’ and a pe- riod for the semicolon in subpars. (A) and (B), ‘‘An’’ for ‘‘an’’ and a period for the semicolon in subpar. (C), ‘‘An’’ for ‘‘an’’ and a period for ‘‘; or’’ in subpar. (D), and ‘‘A’’ for ‘‘a’’ in subpar. (E), and added subpars. (F) to (I). Subsec. (l). Pub. L. 106–65, § 1015(a)(1), redesignated subsec. (k) as (l). Subsec. (l)(4)(B). Pub. L. 106–65, § 1067(1), substituted ‘‘Committee on Armed Services’’ for ‘‘Committee on National Security’’. Subsec. (l)(5). Pub. L. 106–65, § 1015(b), added par. (5). 1996—Subsec. (c)(1). Pub. L. 104–106, § 1014(a)(1)(A), substituted ‘‘only for the following purposes:’’ for ‘‘only for—’’. Subsec. (c)(1)(A). Pub. L. 104–106, § 1014(a)(1)(B), (C), substituted ‘‘Construction’’ for ‘‘construction’’ and ‘‘vessels.’’ for ‘‘vessels;’’. Subsec. (c)(1)(B). Pub. L. 104–106, § 1014(a)(1)(B), (C), substituted ‘‘Operation’’ for ‘‘operation’’ and ‘‘pur- poses.’’ for ‘‘purposes;’’. Subsec. (c)(1)(C). Pub. L. 104–106, § 1014(a)(1)(B), (D), substituted ‘‘Installation’’ for ‘‘installation’’ and ‘‘States.’’ for ‘‘States; and’’. Subsec. (c)(1)(D). Pub. L. 104–106, § 1014(a)(1)(B), sub- stituted ‘‘Research’’ for ‘‘research’’. Subsec. (c)(1)(E). Pub. L. 104–106, § 1014(a)(1)(E), added subpar. (E). Subsec. (i). Pub. L. 104–106, § 1014(a)(2), inserted ‘‘(other than subsection (c)(1)(E))’’ after ‘‘Nothing in this section’’. Subsec. (j). Pub. L. 104–106, § 1502(a)(15)(A), sub- stituted ‘‘the congressional defense committees’’ for ‘‘the Committees on Armed Services and on Appropria- tions of the Senate and the House of Representatives’’. Subsec. (k)(4). Pub. L. 104–106, § 1502(a)(15)(B), added par. (4). 1992—Subsec. (c)(2). Pub. L. 102–396 substituted ‘‘in amounts authorized by law’’ for ‘‘for programs, projects, and activities and only in amounts authorized in, or otherwise permitted under, an Act other than an appropriations Act’’. See Codification note above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1806(e)(1)(A) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for de- layed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. A, title X, § 1031(b), Dec. 20, 2019, 133 Stat. 1579, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect on October 1, 2019, and shall apply with respect to fiscal years beginning on or after that date.’’ EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 809(a) of Pub. L. 115–232 effec- tive Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesigna- tions, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (h) of this section relating to submitting budget requests to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. COMPLIANCE BY READY RESERVE FLEET VESSELS WITH SOLAS LIFEBOATS AND FIRE SUPPRESSION REQUIRE- MENTS Pub. L. 115–232, div. C, title XXXV, § 3502, Aug. 13, 2018, 132 Stat. 2308, provided that: ‘‘The Secretary of Defense shall, consistent with section 2244a of title 10, United States Code, use authority under section 2218 of such title to make such modifications to Ready Re- serve Fleet vessels as are necessary for such vessels to comply [with] requirements for lifeboats and fire sup- pression under the International Convention for the Safety of Life at Sea by not later than October 1, 2021.’’ § 2218a. National Sea-Based Deterrence Fund (a) ESTABLISHMENT.—There is established in the Treasury of the United States a fund to be known as the ‘‘National Sea-Based Deterrence Fund’’. (b) ADMINISTRATION OF FUND.—The Secretary of Defense shall administer the Fund consistent with the provisions of this section. (c) FUND PURPOSES.—(1) Funds in the Fund shall be available for obligation and expenditure only for construction (including design of ves- sels), purchase, alteration, and conversion of na- tional sea-based deterrence vessels. (2) Funds in the Fund may not be used for a purpose or program unless the purpose or pro- gram is authorized by law. (d) DEPOSITS.—There shall be deposited in the Fund all funds appropriated to the Department of Defense for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels. (e) EXPIRATION OF FUNDS AFTER 5 YEARS.—No part of an appropriation that is deposited in the Fund pursuant to subsection (d) shall remain available for obligation more than five years after the end of fiscal year for which appro- priated except to the extent specifically pro- vided by law. (f) AUTHORITY TO ENTER INTO ECONOMIC ORDER QUANTITY CONTRACTS.—(1) The Secretary of the Navy may use funds deposited in the Fund to enter into contracts known as ‘‘economic order