US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 2642

Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate

(a)

Authority .—

Subject to subsection (b), the Secretary of Defense may authorize the use of the Department of Defense reimbursement rate for military transportation services provided by a component of the Department of Defense as follows:
(1)
For military transportation services provided to the Central Intelligence Agency, if the Secretary of Defense determines that those military transportation services are provided for activities related to national security objectives.
(2)
For military transportation services provided to the Department of State for the transportation of armored motor vehicles to a foreign country to meet requirements of the Department of State for armored motor vehicles associated with the overseas travel of the Secretary of State in that country.
(3)
For military transportation services provided to any element of the Federal Government outside the Department of Defense in circumstances other than those specified in paragraphs (1) and (2), but only if the Secretary of Defense determines that the provision of such services will promote the improved use of transportation capacity without any negative effect on the national security objectives or the national security interests contained within the United States commercial transportation industry.
(4)
For military transportation services provided in support of foreign military sales.
(5)
For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies).
(6)
For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity.
(b)

Termination of Authority for Certain Categories of Transportation .—

The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before .
(c)

Definition .—

In this section, the term “Department of Defense reimbursement rate” means the amount charged a component of the Department of Defense by another component of the Department of Defense.

Pub. L. 102–88, title V, § 501(a)105 Stat. 435Pub. L. 108–136, div. A, title X, § 1006(a)117 Stat. 1585Pub. L. 111–84, div. A, title III, § 351(a)123 Stat. 2262Pub. L. 111–383, div. A, title X, § 1075(b)(40)124 Stat. 4371Pub. L. 113–66, div. A, title X, § 1073(a)127 Stat. 869Pub. L. 113–291, div. A, title X128 Stat. 3493Pub. L. 115–91, div. A, title X, § 1081(f)131 Stat. 1601Pub. L. 116–92, div. A, title III, § 373133 Stat. 1332Pub. L. 118–159, div. A, title III, § 351138 Stat. 1857(Added , , ; amended , (b)(1), , ; , , ; , , ; , (b), , ; , §§ 1044(a)–(c)(1), 1071(f)(22), (g)(4), , , 3494, 3511; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 118–1592024—Subsec. (b). substituted “” for “”.

Pub. L. 116–922019—Subsec. (b). substituted “” for “”.

Pub. L. 115–91, § 1081(f)Pub. L. 113–291, § 1044(a)(2)(A)2017—Subsec. (a)(3). , which directed substitution of “September 30” for “October 28” in the amendment made by , was executed by making the substitution the second place appearing in the quoted language to be stricken by that amendment, to reflect the probable intent of Congress. See 2014 Amendment note below.

Pub. L. 113–291, § 1044(c)(1)2014—, amended section catchline generally, substituting “Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate” for “Transportation services provided to certain other agencies: use of Department of Defense reimbursement rate”.

Pub. L. 113–291, § 1044(a)(1)Subsec. (a). , substituted “Subject to subsection (b), the Secretary” for “The Secretary” in introductory provisions.

Pub. L. 113–291, § 1071(g)(4)Pub. L. 113–66, § 1073(a)(2)(B)Subsec. (a)(3). , amended . See 2013 Amendment note below.

Pub. L. 113–291, § 1071(f)(22)Pub. L. 113–291, § 1044(a)(2)(B)section 1071(k) of Pub. L. 113–291section 101 of this title, inserted “and” before “military transportation services provided in support”. Amendment was executed prior to amendment by , see below, pursuant to , set out as a note under .

Pub. L. 113–291, § 1044(a)(2)(B), substituted “Department of Defense” for “Department of Defense and military transportation services provided in support of foreign military sales”.

Pub. L. 113–291, § 1044(a)(2)(A)Pub. L. 115–91, § 1081(f), as amended by , substituted “For” for “During the period beginning on , and ending on , for”. See 2017 Amendment note above.

Pub. L. 113–291, § 1044(a)(3)Subsec. (a)(4) to (6). , added pars. (4) to (6).

Pub. L. 113–291, § 1044(b)Subsecs. (b), (c). , added subsec. (b) and redesignated former subsec. (b) as (c).

Pub. L. 113–66, § 1073(b)2013—, substituted “Transportation” for “Airlift” in section catchline.

Pub. L. 113–66, § 1073(a)(1)Subsec. (a). , substituted “transportation services” for “airlift services” wherever appearing and “transportation capacity” for “airlift capacity” in par. (3).

Pub. L. 113–66, § 1073(a)(2)(B)Pub. L. 113–291, § 1071(g)(4)Subsec. (a)(3). , as amended by , inserted “military transportation services provided in support of foreign military sales” after “Department of Defense”.

Pub. L. 113–66, § 1073(a)(2)(A), (C), substituted “” for “” and “transportation industry” for “air industry”.

Pub. L. 111–3832011—Subsec. (a)(3). substituted “During the period beginning on , and ending on ” for “During the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010”.

Pub. L. 111–842009—Subsec. (a)(3). added par. (3).

Pub. L. 108–136, § 1006(b)(1)2003—, substituted “Airlift services provided to certain other agencies: use of Department of Defense reimbursement rate” for “Reimbursement rate for airlift services provided to Central Intelligence Agency” as section catchline.

Pub. L. 108–136, § 1006(a)Subsec. (a). , inserted “as follows:

“(1) For military airlift services provided”

before “to the Central Intelligence Agency”, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title X, § 1081(f)131 Stat. 1601Pub. L. 113–291, , , provided that the amendment made by section 1081(f) is effective as of , and as if included in as enacted.

Effective Date of 2014 Amendment

Pub. L. 113–291, div. A, title X, § 1071(g)128 Stat. 3511Pub. L. 113–66, , , provided that the amendment made by section 1071(g)(4) is effective as of , and as if included in as enacted.

Executive Branch Support for Recently Enacted Commissions

Pub. L. 117–263, div. A, title X, § 1050136 Stat. 2775Pub. L. 118–31, div. A, title X, § 1082(b)137 Stat. 417

“(a)

Assistance From Department of Defense .—

At the request of a covered commission, the Secretary of Defense may provide to the covered commission, on a reimbursable basis, such services, funds, facilities, staff, and other support services as necessary for the performance of the functions of the commission. Amounts provided to a covered commission pursuant to this section may be provided from amounts appropriated for the Department of Defense, as provided in advance in appropriations Acts.
“(b)

Provision of Travel Support to Certain Commissions .—

For the purpose of providing support to facilitate overseas travel requests from a legislative branch commission, or any commission so designated for support under this subsection jointly by the Majority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives, the Secretary of Defense and the Secretary of State shall consider such requests as equivalent to a request from Congress, and apply the same standards in determining the extent to which such support may be provided under law and regulation. Any support so provided shall be funded out of amounts appropriated for the operation of such commission.
“(c)

Covered Commission Defined .—

Public Law 117–81In this section, the term ‘covered commission’ means a commission established pursuant to any of the following sections of the National Defense Authorization Act for Fiscal Year 2022 ():
“(1)
135 Stat. 1884 Section 1004 [] (Commission on Planning, Programming, Budgeting, and Execution Reform).
“(2)
135 Stat. 1929 section 1091 [] (National Security Commission on Emerging Biotechnology).
“(3)
135 Stat. 1935 section 1094 [] (Afghanistan War Commission).
“(4)
135 Stat. 1943 section 1095 [] (Commission on the National Defense Strategy).
“(5)
135 Stat. 2126 section 1687 [] (Congressional Commission on the Strategic Posture of the United States).”
, , , as amended by , , , provided that: