10 U.S.C. § 2204 — Obligation of appropriations

Page 1744 TITLE 10—ARMED FORCES § 2204 fiscal year for which the budget is submitted. Such information shall be set forth in terms of employee-years or such other measure as will be uniform and readily comparable with civilian personnel of the Department of Defense. (Added Pub. L. 87–651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 520; amended Pub. L. 97–295, § 1(21), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 99–661, div. A, title III, § 311, Nov. 14, 1986, 100 Stat. 3851.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2203 ......... 5:172b. July 26, 1947, ch. 343, § 403; added Aug. 10, 1949, ch. 412, § 11 (5th and 6th pars.), 63 Stat. 586. The word ‘‘prescribe’’ is substituted for the word ‘‘de- termine’’. 5 U.S.C. 172b(b) is omitted as executed. 1982 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2203 (last sen- tence). 10:2203 (note). July 30, 1977, Pub. L. 95–79, § 812 (last sen- tence), 91 Stat. 336. The words ‘‘for fiscal year 1979’’ are omitted as exe- cuted. The words ‘‘for each fiscal year’’ are substituted for ‘‘subsequent fiscal years’’ for consistency. Editorial Notes AMENDMENTS 1986—Pub. L. 99–661 inserted provisions that budget justification documents include information on number of employees estimated to be working during the fiscal year, such information to be set forth in terms of em- ployee-years or other measure as is uniform and com- parable with civilian personnel of the Department of Defense. 1982—Pub. L. 97–295 inserted provision requiring that the budget for the Department of Defense submitted annually to Congress include data projecting the effect of the appropriations requested for materiel readiness requirements. Statutory Notes and Related Subsidiaries PRESIDENTIAL RECOMMENDATIONS RESPECTING MODIFICATIONS IN CRUISE MISSILE PROGRAM Pub. L. 95–184, title II, § 203, Nov. 15, 1977, 91 Stat. 1382, provided that in authorizing funds under that Act [Pub. L. 95–184], Congress was asserting its readiness to con- sider, in accordance with the processes set forth in the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 621 et seq.] and the Budget and Account- ing Act, 1921 [31 U.S.C. 1101 et seq.], such modifications in the United States cruise missile programs as the President might recommend to facilitate either nego- tiation or agreement in arms limitation or reduction talks. REPORT TO CONGRESSIONAL COMMITTEES ON MATERIAL READINESS REQUIREMENTS FOR ARMED FORCES Pub. L. 95–79, title VIII, § 812, July 30, 1977, 91 Stat. 336, as amended by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314, directed Secretary of Defense to submit to Congress, not later than February 15, 1978, a report set- ting forth quantifiable and measurable material readi- ness requirements for the Armed Forces, including the Reserve components thereof, monthly readiness status of the Armed Forces, including the reserve components thereof, during fiscal year 1977, and any changes in such requirements and status projected for fiscal years 1978 and 1979 and in the five-year defense program, and to inform Congress of any subsequent changes in the aforementioned materiel readiness requirements and the reasons for such changes. MODIFICATIONS IN UNITED STATES STRATEGIC ARMS PROGRAMS ON RECOMMENDATION OF PRESIDENT Pub. L. 95–79, title VIII, § 813, July 30, 1977, 91 Stat. 337, provided that in authorizing procurement under section 101 of that Act and research and development under section 201 of that Act, Congress was asserting its readiness to consider, in accordance with the proc- esses set forth in the Congressional Budget and Im- poundment Control Act of 1974 [2 U.S.C. 621 et seq.] and the Budget and Accounting Act, 1921 [31 U.S.C. 1101 et seq.], such modifications in United States strategic arms programs as the President might recommend to facilitate either negotiation or agreement in the Stra- tegic Arms Limitation Talks. § 2204. Obligation of appropriations To prevent overdrafts and deficiencies in the fiscal year for which appropriations are made, appropriations made to the Department of De- fense or to a military department, and reim- bursements thereto, are available for obligation and expenditure only under scheduled rates of obligation, or changes thereto, that have been approved by the Secretary of Defense. This sec- tion does not prohibit the Department of De- fense from incurring a deficiency that it has been authorized by law to incur. (Added Pub. L. 87–651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 520.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2204 ......... 5:172c. July 26, 1947, ch. 343, § 404; added Aug. 10, 1949, ch. 412, § 11 (7th par.), 63 Stat. 587. The words ‘‘on and after the beginning of the next fis- cal year following August 10, 1949,’’ are omitted as exe- cuted. The last sentence is substituted for the proviso in 5 U.S.C. 172c. § 2205. Reimbursements (a) AVAILABILITY OF REIMBURSEMENTS.—Reim- bursements made to appropriations of the De- partment of Defense or a department or agency thereof under sections 1535 and 1536 of title 31, or other amounts paid by or on behalf of a depart- ment or agency of the Department of Defense to another department or agency of the Depart- ment of Defense, or by or on behalf of personnel of any department or organization, for services rendered or supplies furnished, may be credited to authorized accounts. Funds so credited are available for obligation for the same period as the funds in the account so credited. Such an ac- count shall be accounted for as one fund on the books of the Department of the Treasury. (b) FIXED RATE FOR REIMBURSEMENT FOR CER- TAIN SERVICES.—The Secretary of Defense and the Secretaries of the military departments may charge a fixed rate for reimbursement of the costs of providing planning, supervision, admin- istrative, or overhead services incident to any construction, maintenance, or repair project to real property or for providing facility services,