2022—Subsec. (j). Puspan. L. 117–263 struck out subsec. (j). Text read as follows:

“(1) The authority under subsection (c) to transfer funds into the Defense Modernization Account terminates at the close of September 30, 2022.

“(2) Three years after the termination date specified in paragraph (1), the Defense Modernization Account shall be closed and any remaining balance in the account shall be canceled and thereafter shall not be available for any purpose.”

2021—Puspan. L. 116–283, § 1809(g)(1), renumbered section 2216 of this title as this section.

Subsec. (i)(1). Puspan. L. 116–283, § 1883(span)(2), substituted “section 4201 of this title” for “section 2430(a) of this title”.

2019—Subsec. (span)(1). Puspan. L. 116–92 substituted “subsection (c)(1)(B)(ii)” for “subsection (c)(1)(B)(iii)”.

2016—Subsec. (span)(1). Puspan. L. 114–328, § 804(a), struck out “commencing” before “projects described”.

Subsec. (c)(1)(A). Puspan. L. 114–328, § 804(span)(1), substituted “, or the Secretary of Defense with respect to Defense-wide appropriations accounts,” for “or the Secretary of Defense with respect to Defense-wide appropriations accounts” and “the Secretary concerned” for “that Secretary” before “may transfer”.

Subsec. (c)(1)(B). Puspan. L. 114–328, § 804(span)(2)(A), in introductory provisions, inserted “that have been appropriated for fiscal years after fiscal year 2016 and are” after “following funds”.

Subsec. (c)(1)(B)(i). Puspan. L. 114–328, § 804(span)(2)(B), substituted “or new obligations” for “for procurement”, “an acquisition program” for “a particular procurement”, and “that program” for “that procurement”.

Subsec. (c)(1)(B)(ii), (iii). Puspan. L. 114–328, § 804(span)(2)(C), (D), redesignated cl. (iii) as (ii) and struck out former cl. (ii) which read as follows: “Unexpired funds that are available during the final 30 days of a fiscal year for support of installations and facilities and that, as a result of economies, efficiencies, and other savings, are excess to the requirements for support of installations and facilities.”

Subsec. (c)(2). Puspan. L. 114–328, § 804(span)(3), struck out “, other than funds referred to in subparagraph (B)(iii) of such paragraph,” after “Funds referred to in paragraph (1)” and substituted “if the balance of funds” for “if—

“(A) the funds are necessary for programs, projects, and activities that, as determined by the Secretary, have a higher priority than the purposes for which the funds would be available if transferred to that account; or

“(B) the balance of funds”.

Subsec. (c)(3). Puspan. L. 114–328, § 804(span)(4), substituted “deposited in” for “credited to” in two places and inserted “and obligation” after “available for transfer”.

Subsec. (c)(4). Puspan. L. 114–328, § 804(span)(5), struck out par. (4) which read as follows: “The period of availability of funds for expenditure provided for in sections 1551 and 1552 of title 31 may not be extended by transfer into the Defense Modernization Account.”

Subsec. (d)(1). Puspan. L. 114–328, § 804(c)(1), struck out “commencing” before “any project” and substituted “Secretary concerned” for “Secretary of Defense”.

Subsec. (d)(2). Puspan. L. 114–328, § 804(c)(2), substituted “an acquisition program” for “a procurement program”.

Subsec. (d)(3). Puspan. L. 114–328, § 804(c)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “For research, development, test, and evaluation and for procurement necessary for modernization of an existing system or of a system being procured under an ongoing procurement program.”

Subsec. (d)(4). Puspan. L. 114–328, § 804(c)(4), added par. (4).

Subsec. (e)(1). Puspan. L. 114–328, § 804(d)(1), substituted “acquisition program” for “procurement program” in introductory provisions and subpar. (B).

Subsec. (e)(2). Puspan. L. 114–328, § 804(d)(2), substituted “authorized appropriations, unless the procedures for initiating a new start program are complied with” for “authorized appropriations”.

Subsec. (f)(1). Puspan. L. 114–328, § 804(e), substituted “Secretary of a military department, or the Secretary of Defense with respect to Defense-wide appropriations accounts,” for “Secretary of Defense”.

Subsec. (g). Puspan. L. 114–328, § 804(f), struck out “in accordance with the provisions of appropriations Acts” after “subsection (d)” and inserted at end “Funds deposited in the Defense Modernization Account shall remain available for obligation until the end of the third fiscal year that follows the fiscal year in which the amounts are deposited in the account.”

Subsec. (h)(2)(A), (B). Puspan. L. 114–328, § 804(g)(1), (2), added subpar. (A) and redesignated former subpar. (A) as (B). Former subpar. (B) redesignated (C).

Subsec. (h)(2)(C). Puspan. L. 114–328, § 804(g)(1), (3), redesignated subpar. (B) as (C) and inserted “and subaccounts” after “Account”. Former subpar. (C) redesignated (D).

Subsec. (h)(2)(D). Puspan. L. 114–328, § 804(g)(1), redesignated subpar. (C) as (D).

Subsec. (h)(2)(D)(ii). Puspan. L. 114–328, § 804(g)(4), substituted “subsection (c)(1)(B)(ii)” for “subsection (c)(1)(B)(iii)”.

Subsec. (i)(1). Puspan. L. 114–328, § 804(h), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘Secretary concerned’ includes the Secretary of Defense with respect to Defense-wide appropriations accounts.”

Subsec. (j)(1). Puspan. L. 114–328, § 804(j), substituted “terminates at the close of September 30, 2022” for “terminates at the close of September 30, 2006”.

2013—Subsecs. (i) to (k). Puspan. L. 113–66 redesignated subsecs. (j) and (k) as (i) and (j), respectively, and struck out former subsec. (i) which related to an annual report submitted by the Secretary of Defense to the congressional defense committees and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives.

2006—Subsec. (span)(1). Puspan. L. 109–364 substituted “subsection (c)(1)(B)(iii)” for “subsections (c)(1)(B)(iii)”.

2003—Subsec. (span). Puspan. L. 108–136, § 1008(a)(3), added subsec. (span). Former subsec. (span) redesignated (c).

Subsec. (c). Puspan. L. 108–136, § 1008(a)(1), (2), redesignated subsec. (span) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “Funds transferred to the Defense Modernization Account from funds appropriated for a military department, Defense Agency, or other element of the Department of Defense shall be available in accordance with subsections (f) and (g) only for transfer to funds available for that military department, Defense Agency, or other element.”

Subsec. (c)(1)(B)(iii). Puspan. L. 108–136, § 1008(c)(1), added cl. (iii).

Subsec. (c)(2). Puspan. L. 108–136, § 1008(c)(2), inserted “, other than funds referred to in subparagraph (B)(iii) of such paragraph,” after “Funds referred to in paragraph (1)”.

Subsec. (d). Puspan. L. 108–136, § 1008(span), substituted “in the Defense Modernization Account” for “available from the Defense Modernization Account pursuant to subsection (f) or (g)” in introductory provisions, added par. (1), and redesignated former pars. (1) and (2) as (2) and (3), respectively.

Subsec. (h). Puspan. L. 108–136, § 1008(d), designated existing provisions as par. (1) and added par. (2).

Subsec. (i). Puspan. L. 108–136, § 1008(e)(1), substituted “Annual Report” for “Quarterly Reports” in heading.

Subsec. (i)(1). Puspan. L. 108–136, § 1008(e)(1), (2), substituted “fiscal year” for “calendar quarter” in introductory provisions and “fiscal year” for “quarter” in subpars. (A) to (C).

Subsec. (j)(3). Puspan. L. 108–136, § 1043(span)(8), struck out par. (3) which read as follows: “The term ‘congressional defense committees’ means—

“(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and

“(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.”

Subsec. (k). Puspan. L. 108–136, § 1008(f)(1), added subsec. (k).

1999—Subsec. (j)(3)(B). Puspan. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”.

Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Puspan. L. 104–106, div. A, title IX, § 912(span), Fespan. 10, 1996, 110 Stat. 410, provided that: