10 U.S.C. § 2205 — Reimbursements

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, Page 1745 TITLE 10—ARMED FORCES § 2208 irrespective of the appropriation financing the project or facility services. (Added Pub. L. 87–651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 520; amended Pub. L. 96–513, title V, § 511(71), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97–258, § 3(b)(4), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 103–337, div. B, title XXVIII, § 2804(a), (b)(1), Oct. 5, 1994, 108 Stat. 3053.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2205 ......... 5:172g. July 26, 1947, ch. 343, § 408; added Aug. 10, 1949, ch. 412, § 11 (23d par.), 63 Stat. 590. 5 U.S.C. 172g is restated to reflect more clearly its purpose to authorize the Department of Defense to op- erate as an integrated department by permitting sup- plies to be furnished and services to be rendered within and among agencies of the Department of Defense and provide that reimbursements therefor be credited to authorized accounts and be available for the same pur- pose and period as the accounts so credited. (See Sen- ate Report No. 366, 81st Congress, pp. 23, 24.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 substituted ‘‘Reimbursements’’ for ‘‘Availability of reimbursements’’ as section catch- line, designated existing provisions as subsec. (a) and inserted subsec. heading, and added subsec. (b). 1982—Pub. L. 97–258 substituted ‘‘sections 1535 and 1536 of title 31’’ for ‘‘the Act of March 4, 1915 (31 U.S.C. 686)’’. 1980—Pub. L. 96–513 substituted ‘‘the Act of March 4, 1915 (31 U.S.C. 686)’’ for ‘‘section 686 of title 31’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 2206. Disbursement of funds of military depart- ment to cover obligation of another agency of Department of Defense As far as authorized by the Secretary of De- fense, a disbursing official of a military depart- ment may, out of available advances, make dis- bursements to cover obligations in connection with any function, power, or duty of another de- partment or agency of the Department of De- fense and charge those disbursements on vouch- ers, to the appropriate appropriation of that de- partment or agency. Disbursements so made shall be adjusted in settling the accounts of the disbursing official. (Added Pub. L. 87–651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 520; amended Pub. L. 97–258, § 2(b)(1)(A), Sept. 13, 1982, 96 Stat. 1052.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2206 ......... 5:172h. 5:171n(a) (as applicable to 5:172h). July 26, 1947, ch. 343, § 409; added Aug. 10, 1949, ch. 412, § 11 (24th par.), 63 Stat. 590. July 26, 1947, ch. 343, § 308(a) (as applicable to § 409), 61 Stat. 509. The word ‘‘agency’’ is substituted for the word ‘‘orga- nization’’. The last sentence is substituted for the pro- viso in 5 U.S.C. 172h. Editorial Notes AMENDMENTS 1982—Pub. L. 97–258 substituted ‘‘official’’ for ‘‘offi- cer’’ wherever appearing. [§ 2207. Renumbered § 4651] § 2208. Working-capital funds (a) To control and account more effectively for the cost of programs and work performed in the Department of Defense, the Secretary of Defense may require the establishment of working-cap- ital funds in the Department of Defense to— (1) finance inventories of such supplies as he may designate; and (2) provide working capital for such indus- trial-type activities, and such commercial- type activities that provide common services within or among departments and agencies of the Department of Defense, as he may des- ignate. (b) Upon the request of the Secretary of De- fense, the Secretary of the Treasury shall estab- lish working-capital funds established under this section on the books of the Department of the Treasury. (c) Working-capital funds shall be charged, when appropriate, with the cost of— (1) supplies that are procured or otherwise acquired, manufactured, repaired, issued, or used, including the cost of the procurement and qualification of technology-enhanced maintenance capabilities that improve either reliability, maintainability, sustainability, or supportability and have, at a minimum, been demonstrated to be functional in an actual system application or operational environ- ment; and (2) services or work performed; including applicable administrative expenses, and be reimbursed from available appropriations or otherwise credited for those costs, including applicable administrative expenses and costs of using equipment. (d) The Secretary of Defense may provide cap- ital for working-capital funds by capitalizing in- ventories. In addition, such amounts may be ap- propriated for the purpose of providing capital for working-capital funds as have been specifi- cally authorized by law. (e) Subject to the authority and direction of the Secretary of Defense, the Secretary of each military department shall allocate responsi- bility for its functions, powers, and duties to ac- complish the most economical and efficient or- ganization and operation of the activities, and the most economical and efficient use of the in- ventories, for which working-capital funds are authorized by this section. The accomplishment of the most economical and efficient organiza- tion and operation of working capital fund ac- tivities for the purposes of this subsection shall include actions toward the following: (1) Undertaking efforts to optimize the rate structure for all requisitioning entities. (2) Encouraging a working capital fund ac- tivity to perform reimbursable work for other