CodificationThe text of subsec. (c) of section 2333 of this title, which was transferred to this section and amended by Puspan. L. 116–283, § 1810(span)(3), was based on Puspan. L. 109–364, div. A, title VIII, § 854(a)(1), Oct. 17, 2006, 120 Stat. 2343.
Amendments2021—Puspan. L. 116–283, § 1810(span)(3), transferred subsec. (c) of section 2333 of this title to this section and, in introductory provisions, struck out subsec. (c) designation and span “Contingency Program Management Matters Covered” at beginning and substituted “section 3151 of this title” for “subsection (a)”.
Enhancement of Interagency Support During Contingency Operations and Transition PeriodsPuspan. L. 114–328, div. A, title XII, § 1281, Dec. 23, 2016, 130 Stat. 2541, provided that:“(a)Authority.—The Secretary of Defense and the Secretary of State may enter into an agreement under which each Secretary may provide covered support, supplies, and services on a reimbursement basis, or by exchange of covered support, supplies, and services, to the other Secretary during a contingency operation and related transition period for up to 2 years following the end of such contingency operation.
“(span)Agreement.—An agreement entered into under this section shall be in writing and shall include the following terms:“(1) The price charged by a supplying agency shall be the direct costs that such agency incurred by providing the covered support, supplies, or services to the requesting agency under this section.
“(2) Credits and liabilities of the agencies accrued as a result of acquisitions and transfers of covered support, supplies, and services under this section shall be liquidated not less often than once every 3 months by direct payment to the agency supplying such support, supplies, or services by the agency receiving such support, supplies, or services.
“(3) Exchange entitlements accrued as a result of acquisitions and transfers of covered support, supplies, and services under this section shall be satisfied within 12 months after the date of the delivery of the covered support, supplies, or services. Exchange entitlements not so satisfied shall be immediately liquidated by direct payment to the agency supplying such covered support, supplies, or services.
“(c)Effect of Obligation and Availability of Funds.—An order placed by an agency pursuant to an agreement under this section is deemed to be an obligation in the same manner that a similar order placed under a contract with, or a contract for similar goods or services awarded to, a private contractor is an obligation. Appropriations remain available to pay an obligation to the servicing agency in the same manner as appropriations remain available to pay an obligation to a private contractor.
“(d)Definitions.—In this section:“(1)Covered support, supplies, and services.—The term ‘covered support, supplies, and services’ means food, billeting, transportation (including airlift), petroleum, oils, lubricants, communications services, medical services, ammunition, base operations support, use of facilities, spare parts and components, repair and maintenance services, and calibration services.
“(2)Contingency operation.—The term ‘contingency operation’ has the meaning given that term in section 101(a)(13) of title 10, United States Code.
“(e)Crediting of Receipts.—Any receipt as a result of an agreement entered into under this section shall be credited, at the option of the Secretary of Defense with respect to the Department of Defense and the Secretary of State with respect to the Department of State, to—“(1) the appropriation, fund, or account used in incurring the obligation; or
“(2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.
“(f)Notification.—Not later than 30 days after the end of a fiscal year in which covered support, supplies, and services are provided or exchanged pursuant to an agreement under this section, the Secretary of Defense and the Secretary of State shall jointly submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification that contains a copy of such agreement and a description of such covered support, supplies, and services.”
