10 U.S.C. § 239c — Certain multiyear contracts for acquisi-

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 Repealed.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 term in section 231(f) 1 of this title. (2) The term ‘‘defense budget materials’’ has the meaning given that term in section 231(f) 1 of this title. (Added Pub. L. 115–232, div. A, title XVI, § 1624(b)(1), Aug. 13, 2018, 132 Stat. 2120.) Editorial Notes REFERENCES IN TEXT Section 231(f) of this title, referred to in subsec. (b), was redesignated as section 231(g) of this title by Pub. L. 117–263, div. A, title III, § 352(a)(2), Dec. 23, 2022, 136 Stat. 2533, and subsequently was redesignated as sec- tion 231(h) of this title by Pub. L. 118–159, div. A, title X, § 1021(1), Dec. 23, 2024, 138 Stat. 2052. § 239c. Certain multiyear contracts for acquisi- tion of property: budget justification mate- rials (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 sub- mitted with the budget of the President under section 1105(a) of title 31), the Secretary of De- fense shall include a proposal for any multiyear contract of the Department entered into under section 3501 of this title 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 modifica- tion during the fiscal year. (b) ELEMENTS.—Each proposal required by sub- section (a) shall include the following: (1) A detailed explanation of the rationale for the proposed cancellation or covered modi- fication of the multiyear contract. (2) A detailed assessment of any expected termination costs associated with the pro- posed cancellation or covered modification of the multiyear contract. (3) An updated assessment of estimated sav- ings of such cancellation or carrying out the multiyear contract as modified by such cov- ered modification. (4) An explanation of the proposed use of previously appropriated funds for advance pro- curement or procurement of property planned under the multiyear contract before such can- cellation or covered modification. (5) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including work- load stability, loss of skilled labor, and re- duced 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. (Added Pub. L. 117–81, div. A, title VIII, § 811(a), Dec. 27, 2021, 135 Stat. 1822; amended Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294; Pub. L. 117–263, div. A, title VIII, § 811, Dec. 23, 2022, 136 Stat. 2706.) Editorial Notes AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 added par. (1) and re- designated former pars. (1) to (4) as (2) to (5), respec- tively. 2021—Subsec. (a). Pub. L. 116–283, which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a ref- erence to the appropriate redesignated section, was ex- ecuted by substituting ‘‘section 3501’’ for ‘‘section 2306b’’. Section 1822(b) of title XVIII of Pub. L. 116–283 directed the redesignation of section 2306b of this title as section 3501, but such redesignation was executed by transferring the text of section 2306b to section 3501, as the section designation and catchline had already been enacted. 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. Page 327 TITLE 10—ARMED FORCES § 239e 1 See References in Text note below. § 239d. Budgeting for depot and ammunition pro- duction facility maintenance and repair: an- nual report (a) ANNUAL REPORT.—The Secretary of De- fense, in coordination with the Secretaries of the military departments, shall include with the defense budget materials for each fiscal year a report regarding the maintenance and repair of covered facilities. (b) ELEMENTS.—Each report required under subsection (a) shall include, at a minimum, the following (disaggregated by military depart- ment): (1) With respect to each of the three fiscal years preceding the fiscal year covered by the defense budget materials with which the re- port is included, revenue data for that fiscal year for the maintenance, repair, and overhaul workload funded at all the depots of the mili- tary department. (2) With respect to the fiscal year covered by the defense budget materials with which the report is included and each of the two fiscal years prior, an identification of the following: (A) The amount of appropriations budg- eted for that fiscal year for depots, further disaggregated by the type of appropriation. (B) The amount budgeted for that fiscal year for working-capital fund investments by the Secretary of the military department for the capital budgets of the covered depots of the military department, shown in total and further disaggregated by whether the in- vestment relates to the efficiency of depot facilities, work environment, equipment, equipment (non-capital investment pro- gram), or processes. (C) The total amount required to be in- vested by the Secretary of the military de- partment for that fiscal year for the capital budgets of covered depots pursuant to sec- tion 2476(a) of this title. (D) A comparison of the budgeted amount identified under subparagraph (B) with the total required amount identified under sub- paragraph (C). (E) For each covered depot of the military department, of the total required amount identified under subparagraph (C), the per- centage of such amount allocated, or pro- jected to be allocated, to the covered depot for that fiscal year. (3) For each covered facility of the military department, the following: (A) Information on the average facility condition, average critical facility condi- tion, restoration and maintenance project backlog, and average equipment age, includ- ing a description of any changes in such metrics from previous years. (B) Information on the status of the imple- mentation at the covered facility of the plans and strategies of the Department of Defense relating to covered facility improve- ment, including, as applicable, the imple- mentation of the strategy required under section 359 of the National Defense Author- ization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1323; 10 U.S.C. 2460 1 note). (c) DEFINITIONS.—In this section: (1) The term ‘‘ammunition production facil- ity’’ means an ammunition organic industrial base production facility. (2) The terms ‘‘budget’’ and ‘‘defense budget materials’’ have the meaning given those terms in section 234 of this title. (3) The term ‘‘covered depot’’ has the mean- ing given that term in section 2476 of this title. (4) The term ‘‘covered facility’’ means a cov- ered depot or an ammunition production facil- ity. (Added Pub. L. 117–263, div. A, title III, § 371, Dec. 23, 2022, 136 Stat. 2539.) Editorial Notes REFERENCES IN TEXT Section 359 of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (b)(3)(B), is section 359 of Pub. L. 116–92, which is set out as a note under section 2476 of this title. § 239e. Nuclear command, control, and commu- nications: major force program and budget assessment (a) ESTABLISHMENT OF MAJOR FORCE PRO- GRAM.—The Secretary of Defense shall establish a unified major force program for nuclear com- mand, control, and communications programs pursuant to section 222(b) of this title to prioritize such programs in accordance with the requirements of the Department of Defense and national security. (b) BUDGET ASSESSMENT.—(1) The Secretary shall include with the defense budget materials for each of fiscal years 2025 through 2030 a report on the budget for nuclear command, control, and communications programs of the Depart- ment of Defense. (2) Each report on the budget for nuclear com- mand, control, and communications programs of the Department under paragraph (1) shall in- clude the following: (A) An overview of the budget, including— (i) a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title (such comparison shall exclude the responsibility for research and development of the con- tinuing improvement of such nuclear com- mand, control, and communications pro- gram), and the amounts appropriated for such nuclear command, control, and commu- nications programs during the previous fis- cal year; and (ii) the specific identification, as a budg- etary line item, for the funding under such programs. (B) An assessment of the budget, including significant changes, priorities, challenges, and risks. (C) Any additional matters the Secretary de- termines appropriate. (3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) DEFINITIONS.—In this section: