10 U.S.C. § 3134 — Allocation of appropriations

Page 2401 TITLE 10—ARMED FORCES § 3135 1997—Pub. L. 105–85 amended section generally. Prior to amendment, section related to availability of appro- priated funds for payments under contracts for various types of maintenance, leases, and operations and au- thorized Secretary of Transportation to enter into con- tracts for procurement of severable services. 1996—Pub. L. 104–324 designated existing provisions as subsec. (a) and added subsec. (b). 1991—Par. (1). Pub. L. 102–190, § 342(1), inserted ‘‘, equipment,’’ after ‘‘tools’’. Par. (4). Pub. L. 102–190, § 342(2), added par. (4). 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 2003 AMENDMENT Pub. L. 108–136, div. A, title X, § 1005(c), Nov. 24, 2003, 117 Stat. 1585, provided that: ‘‘The amendments made by this section [amending this section] shall not apply to funds appropriated for a fiscal year before fiscal year 2004.’’ EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. § 3134. Allocation of appropriations (a) Appropriations available for procurement by an agency named in section 3063 of this title may, through administrative allotment, be made available for obligation for procurement by any other agency in amounts authorized by the head of the allotting agency and without transfer of funds on the books of the Depart- ment of the Treasury. (b) A disbursing official of the allotting agen- cy may make any disbursement chargeable to an allotment under subsection (a) upon a vouch- er certified by an officer or civilian employee of the procuring agency. (Aug. 10, 1956, ch. 1041, 70A Stat. 132, § 2309; Pub. L. 97–258, § 2(b)(1)(B), Sept. 13, 1982, 96 Stat. 1052; renumbered § 3134 and amended Pub. L. 116–283, div. A, title XVIII, § 1809(e), Jan. 1, 2021, 134 Stat. 4161; Pub. L. 117–81, div. A, title XVII, § 1701(b)(3), Dec. 27, 2021, 135 Stat. 2132.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2309(a) ..... 2309(b) ..... 41:159 (2d sentence). 41:159 (less 1st and 2d sentences). Feb. 19, 1948, ch. 65, § 10 (less 1st sentence), 62 Stat. 25. In subsection (a), the words ‘‘an agency named in sec- tion 2303 of this title’’ are substituted for the words ‘‘any such agency’’. In subsection (b), the words ‘‘an allotment under sub- section (a)’’ are substituted for the words ‘‘such allot- ments’’. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1809(e)(1), renumbered section 2309 of this title as this section. Subsec. (a). Pub. L. 116–283, § 1809(e)(2)(A), substituted ‘‘named in section 3063’’ for ‘‘named in section 2303’’. Subsec. (c). Pub. L. 116–283, § 1809(e)(2)(B), which di- rected adding subsec. (c), was repealed by Pub. L. 117–81, § 1701(b)(3). 1982—Subsec. (b). Pub. L. 97–258 substituted ‘‘dis- bursing official’’ for ‘‘disbursing officer’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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. § 3135. Comparable budgeting for common pro- curement weapon systems (a) MATTERS TO BE INCLUDED IN ANNUAL DE- FENSE BUDGETS.—In preparing the defense budg- et for any fiscal year, the Secretary of Defense shall— (1) specifically identify each common pro- curement weapon system included in the budg- et; (2) take all feasible steps to minimize vari- ations in procurement unit costs for any such system as shown in the budget requests of the different armed forces requesting procurement funds for the system; and (3) identify and justify in the budget all such variations in procurement unit costs for com- mon procurement weapon systems. (b) COMPTROLLER.—The Secretary shall carry out this section through the Under Secretary of Defense (Comptroller). (c) DEFINITIONS.—In this section: (1) The term ‘‘defense budget’’ means the budget of the Department of Defense included in the President’s budget submitted to Con- gress under section 1105 of title 31 for a fiscal year. (2) The term ‘‘common procurement weapon system’’ means a weapon system for which two or more of the Army, Navy, Air Force, Marine Corps, and Space Force request pro- curement funds in a defense budget. (Added Pub. L. 100–370, § 1(d)(3)(A), July 19, 1988, 102 Stat. 843, § 2217; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(20), Feb. 10, 1996, 110 Stat. 512; renumbered § 3135 and amended Pub. L. 116–283, div. A, title IX, § 924(b)(1)(N), title XVIII, § 1809(f)(1), Jan. 1, 2021, 134 Stat. 3820, 4161.) HISTORICAL AND REVISION NOTES Section is based on Pub. L. 99–500, § 101(c) [title X, § 955], Oct. 18, 1986, 100 Stat. 1783–82, 1783–173, and Pub. L. 99–591, § 101(c) [title X, § 955], Oct. 30, 1986, 100 Stat. 3341–82, 3341–173; Pub. L. 99–661, div. A, title IX, for- merly title IV, § 955, Nov. 14, 1986, 100 Stat. 3953, renum- bered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1809(f)(1), renumbered section 2217 of this title as this section.