10 U.S.C. § 2202 — Regulations on production, warehousing,

Page 1743 TITLE 10—ARMED FORCES § 2203 In two instances, the source law to be codified by the bill includes provisions that on their face require that the Department of Defense notify Congress of certain actions. These notification requirements were termi- nated by section 602 of the Goldwater-Nichols Depart- ment of Defense Reorganization Act of 1986 (Public Law 99–433), which terminated all recurring reporting re- quirements applicable to the Department of Defense ex- cept for those requirements that were specifically ex- empted in that section. The source law sections are sec- tions 8009(c) and 8005(j) (proviso) of the FY86 defense ap- propriations Act (Public Law 99–190), enacted December 19, 1985, which would be codified as section 2201 of title 10 (by section 1(d) of the bill) and section 7313(a) of title 10 (by section 1(n) of the bill). In codifying the authori- ties provided the Department of Defense by these two provisions of law, the committee believes that it is ap- propriate to reinstate the congressional notification re- quirements that go with those authorities. These sec- tions were recurring annual appropriation provisions for many years and were made permanent only months before the enactment of the 1986 Reorganization Act. It is the committee’s belief that the failure to exempt these provisions from the general reports termination provision was inadvertent and notes that the notifica- tion provisions had in fact previously applied to the De- partment of Defense for many years. The action of the committee restores the status quo as it existed before the Reorganization Act. Editorial Notes PRIOR PROVISIONS A prior section 2201, act Aug. 10, 1956, ch. 1041, 70A Stat. 119, prescribed the general functions of the Sec- retary of Defense, prior to repeal by Pub. L. 85–599, § 3(c), Aug. 6, 1958, 72 Stat. 516. See section 113 of this title. AMENDMENTS 2011—Subsec. (b). Pub. L. 111–350, § 5(b)(4)(A), sub- stituted ‘‘section 6301(a) and (b)(1)–(3) of title 41’’ for ‘‘section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))’’. Subsec. (c). Pub. L. 111–350, § 5(b)(4)(B), substituted ‘‘section 6301(a) and (b)(1)–(3) of title 41’’ for ‘‘section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))’’. 1999—Subsec. (d). Pub. L. 106–65 substituted ‘‘De- fense’’ for ‘‘Defense—’’, struck out par. (1) designation, substituted ‘‘this section.’’ for ‘‘this section; and’’, and struck out par. (2) which read as follows: ‘‘shall submit monthly reports to Congress on the estimated obliga- tions incurred pursuant to subsections (b) and (c).’’ § 2202. Regulations on production, warehousing, and supply distribution functions The Secretary of Defense shall prescribe regu- lations governing the performance within the Department of Defense of the production, warehousing, and supply distribution functions, and related functions, of the Department of De- fense. (Aug. 10, 1956, ch. 1041, 70A Stat. 120; Pub. L. 100–180, div. A, title XII, § 1202, Dec. 4, 1987, 101 Stat. 1153; Pub. L. 103–355, title III, § 3061(a), Oct. 13, 1994, 108 Stat. 3336; Pub. L. 116–283, div. A, title XVIII, § 1807(b)(2), Jan. 1, 2021, 134 Stat. 4157.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2202 ......... 41:162. July 10, 1952, ch. 630, § 638, 66 Stat. 537. The words ‘‘an officer or agency * * * may * * * only’’ are substituted for the words ‘‘no officer or agency * * * shall * * * except’’. The word ‘‘of’’, before the words ‘‘the Department’’, is substituted for the words ‘‘in or under’’. The words ‘‘under regulations pre- scribed’’ are substituted for the words ‘‘in accordance with regulations issued’’. The words ‘‘after the effective date of this section’’ and 41:162(b) are omitted as exe- cuted. The words ‘‘or equipment’’ are omitted as cov- ered by the definition of ‘‘supplies’’ in section 101(26) of this title. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 struck out ‘‘procurement,’’ be- fore ‘‘production,’’ in section catchline and text. 1994—Pub. L. 103–355 amended heading and text gen- erally. Prior to amendment, text read as follows: ‘‘(a) Notwithstanding any other provision of law, an officer or agency of the Department of Defense may ob- ligate funds for procuring, producing, warehousing, or distributing supplies, or for related functions of supply management, only under regulations prescribed by the Secretary of Defense. The purpose of this section is to achieve the efficient, economical, and practical oper- ation of an integrated supply system to meet the needs of the military departments without duplicate or over- lapping operations or functions. ‘‘(b) Except as otherwise provided by law, the avail- ability for obligation of funds appropriated for any pro- gram, project, or activity of the Department of Defense expires at the end of the three-year period beginning on the date that such funds initially become available for obligation unless before the end of such period the Sec- retary of Defense enters into a contract for such pro- gram, project, or activity.’’ 1987—Pub. L. 100–180 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed 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 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of this title. § 2203. Budget estimates To account for, and report, the cost of per- formance of readily identifiable functional pro- grams and activities, with segregation of oper- ating and capital programs, budget estimates of the Department of Defense shall be prepared, presented, and justified, where practicable, and authorized programs shall be administered, in such form and manner as the Secretary of De- fense, subject to the authority and direction of the President, may prescribe. As far as prac- ticable, budget estimates and authorized pro- grams of the military departments shall be uni- form and in readily comparable form. The budg- et for the Department of Defense submitted to Congress for each fiscal year shall include data projecting the effect of the appropriations re- quested for materiel readiness requirements. The Secretary of Defense shall provide that the budget justification documents for such budget include information on the number of employees of contractors estimated to be working on con- tracts of the Department of Defense during the