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10 U.S.C. § 2216 — Renumbered § 3136]

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2216 — Renumbered § 3136]

### Statutory Notes #### Prior Provisions A prior section 2216, added Pub. L. 104–106, div. A, title III, § 371(a)(1), Feb. 10, 1996, 110 Stat. 277, was renumbered [section 2216a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2216a&num=0&edition=prelim) and subsequently repealed. Another prior section 2216, added Pub. L. 99–661, div. A, title XIII, § 1307(a)(1), Nov. 14, 1986, 100 Stat. 3980, related to annual reports on budgeting for inflation, prior to repeal by Pub. L. 101–510, div. A, title XIII, § 1301(8), Nov. 5, 1990, 104 Stat. 1668.

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Source location: Title 10, Chapter 131, § 2216; chapter-131-planning-and-coordination.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2216a — Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund

**(a) Establishment.—** There is established in the Treasury an account to be known as the “Joint Urgent Operational Needs Fund” (in this section referred to as the “Fund”). **(b) Elements.—** The Fund shall consist of the following: (1) Amounts appropriated to the Fund. (2) Amounts transferred to the Fund. (3) Any other amounts made available to the Fund by law. **(c) Use of Funds.—** (1) Amounts in the Fund shall be available to the Secretary of Defense for capabilities that are determined by the Secretary, pursuant to the review process required by Department of Defense Instruction 5000.81 (or any successor instruction), dated December 31, 2019, and titled “Urgent Capability Acquisition”, to be suitable for rapid fielding in response to urgent operational needs. (2) The Secretary shall establish a merit-based process for identifying equipment, supplies, services, training, and facilities suitable for funding through the Fund. (3) Nothing in this section shall be interpreted to require or enable any official of the Department of Defense to provide funding under this section pursuant to a congressional earmark, as defined in clause 9 of Rule XXI of the Rules of the House of Representatives, or a congressionally directed spending item, as defined in paragraph 5 of Rule XLIV of the Standing Rules of the Senate. **(d) Transfer Authority.—** (1) Amounts in the Fund may be transferred by the Secretary of Defense from the Fund to any of the following accounts of the Department of Defense to accomplish the purpose stated in subsection (c): (A) Operation and maintenance accounts. (B) Procurement accounts. (C) Research, development, test, and evaluation accounts. (2) Upon determination by the Secretary that all or part of the amounts transferred from the Fun

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3136 — Defense Modernization Account

**(a) Establishment.—** There is established in the Treasury an account to be known as the “Defense Modernization Account”. **(b) Funds Available for Account.—** The Defense Modernization Account shall consist of the following: (1) Amounts appropriated to the Defense Modernization Account for the costs of projects described in subsection (d)(1), and amounts reimbursed to the Defense Modernization Account under subsection (c)(1)(B)(ii) out of savings derived from such projects. (2) Amounts transferred to the Defense Modernization Account under subsection (c). **(c) Transfers to Account.—** (1) (A) Upon a determination by the Secretary of a military department, or the Secretary of Defense with respect to Defense-wide appropriations accounts, of the availability and source of funds described in subparagraph (B), the Secretary concerned may transfer to the Defense Modernization Account during any fiscal year any amount of funds available to the Secretary described in that subparagraph. Such funds may be transferred to that account only after the Secretary concerned notifies the congressional defense committees in writing of the amount and source of the proposed transfer. (B) This subsection applies to the following funds that have been appropriated for fiscal years after fiscal year 2016 and are available to the Secretary concerned: (i) Unexpired funds in appropriations accounts that are available for new obligations and that, as a result of economies, efficiencies, and other savings achieved in carrying out an acquisition program, are excess to the requirements of that program. (ii) Unexpired funds in appropriations accounts that are available for procurement or operation and maintenance of a system, if and to the extent that savings are achieved for s

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2216 — Untitled legal text

Page 1753 TITLE 10—ARMED FORCES § 2216a § 2214. Transfer of funds: procedure and limita- tions (a) PROCEDURE FOR TRANSFER OF FUNDS.— Whenever authority is provided in an appropria- tion Act to transfer amounts in working capital funds or to transfer amounts provided in appro- priation Acts for military functions of the De- partment of Defense (other than military con- struction) between such funds or appropriations (or any subdivision thereof), amounts trans- ferred under such authority shall be merged with and be available for the same purposes and for the same time period as the fund or appro- priations to which transferred. (b) LIMITATIONS ON PROGRAMS FOR WHICH AU- THORITY MAY BE USED.—Such authority to transfer amounts— (1) may not be used except to provide funds for a higher priority item, based on unforeseen military requirements, than the items for which the funds were originally appropriated; and (2) may not be used if the item to which the funds would be transferred is an item for which Congress has denied funds. (c) NOTICE TO CONGRESS.—The Secretary of De- fense shall promptly notify the Congress of each transfer made under such authority to transfer amounts. (d) LIMITATIONS ON REQUESTS TO CONGRESS FOR REPROGRAMMINGS.—Neither the Secretary of De- fense nor the Secretary of a military depart- ment may prepare or present to the Congress, or to any committee of either House of the Con- gress, a request with respect to a reprogram- ming of funds— (1) unless the funds to be transferred are to be used for a higher priority item, based on unforeseen military requirements, than the item for which the funds were originally ap- propriated; or (2) if the request would be for authority to reprogram amounts to an item for which the Congress has de

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