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10 U.S.C. § 2201 — Apportionment of funds: authority for exemption; excepted expenses
Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption From Apportionment Requirement.—** If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of [section 1512 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1512&num=0&edition=prelim) appropriations, funds, and contract authorizations available for military functions of the Department of Defense.
**(b) Airborne Alerts.—** Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.
**(c) Members on Active Duty.—** Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.
**(d) Notification to Congress.—** The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.
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Stable record: federal_law:legal_authorities:record_usc_2ef4a9370a2342c4a644fb24
Source file: Laws/federal/codes/united-states-code/title-10/section-2201-apportionment-of-funds-authority-for-exemption-excepted-expenses--e9bc7a339a.md
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Source location: Title 10, Chapter 131, § 2201; chapter-131-planning-and-coordination.md
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**(a) Exemption From Apportionment Requirement.—** If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of [section 1512 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1512&num=0&edition=prelim) appropriations, funds, and contract authorizations available for military functions of the Department of Defense.
**(b) Airborne Alerts.—** Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.
**(c) Members on Active Duty.—** Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.
**(d) Notification to Congress.—** The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in this subchapter, an appropriation available for obligation for a definite period shall be apportioned to prevent obligation or expenditure at a rate that would indicate a necessity for a deficiency or supplemental appropriation for the period. An appropriation for an indefinite period and authority to make obligations by contract before appropriations shall be apportioned to achieve the most effective and economical use. An apportionment may be reapportioned under this section.
**(b)**
(1) An appropriation subject to apportionment is apportioned by—
(A) months, calendar quarters, operating seasons, or other time periods;
(B) activities, functions, projects, or objects; or
(C) a combination of the ways referred to in clauses (A) and (B) of this paragraph.
(2) The official designated in [section 1513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1513&num=0&edition=prelim) to make apportionments shall apportion an appropriation under paragraph (1) of this subsection as the official considers appropriate. Except as specified by the official, an amount apportioned is available for obligation under the terms of the appropriation on a cumulative basis unless reapportioned.
**(c)**
(1) In apportioning or reapportioning an appropriation, a reserve may be established only—
(A) to provide for contingencies;
(B) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or
(C) as specifically provided by law.
(2) A reserve established under this subsection may be changed as necessary to carry out the scope and objectives of the appropriation concerned. When an official designated in [section 1513 of this title](https://uscode.house.gov/
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1512
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for—
(1) procurement of aircraft, missiles, or naval vessels;
(2) any research, development, test, or evaluation, or procurement or production related thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and related support equipment;
(6) military construction;
(7) the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);
unless funds therefor have been specifically authorized by law.
**(b)** In subsection (a)(6), the term “military construction” includes any construction, development, conversion, or extension of any kind which is carried out with respect to any military facility or installation (including any Government-owned or Government-leased industrial facility used for the production of defense articles and any facility to which [section 4174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4174&num=0&edition=prelim) applies), any activity to which [section 2807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2807&num=0&edition=prelim) applies, any activity to which chapter 1803 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unusual Cost Overruns.—**
(1) Appropriations available to the Department of Defense for a fiscal year may be used for payment of unusual cost overruns incident to ship overhaul, maintenance, and repair for a vessel inducted into an industrial-fund activity or contracted for during a prior fiscal year.
(2) The Secretary of Defense shall notify Congress promptly before an obligation is incurred for any payment under paragraph (1).
**(b) Changes in Scope of Work.—** An appropriation available to the Department of Defense for a fiscal year may be used after the otherwise-applicable expiration of the availability for obligation of that appropriation—
(1) for payments to an industrial-fund activity for amounts required because of changes in the scope of work for ship overhaul, maintenance, and repair, in the case of work inducted into the industrial-fund activity during the fiscal year; and
(2) for payments under a contract for amounts required because of changes in the scope of work, in the case of a contract entered into during the fiscal year for ship overhaul, maintenance, and repair.
**(c) Treatment of Amounts Appropriated After End of Period of Obligation.—** In the application of [section 1553(c) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1553/c&num=0&edition=prelim) to funds appropriated in the Operation and Maintenance, Navy account that are available for ship overhaul, the Secretary of the Navy may treat the limitation specified in paragraph (1) of such section to be “$10,000,000” rather than “$4,000,000”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8683
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Federal law — U.S. Code and appendices · legal_authorities
Page 1742
TITLE 10—ARMED FORCES
§ 2201
2658, struck out item 2222 ‘‘Annual financial manage-
ment improvement plan’’ and added items 2224a and
2228.
2001—Pub. L. 107–107, div. A, title X, § 1009(b)(3)(B),
Dec. 28, 2001, 115 Stat. 1209, substituted ‘‘Annual’’ for
‘‘Biennial’’ in item 2222.
2000—Pub. L. 106–398, § 1 [[div. A], title VIII, § 812(a)(2),
title X, §§ 1006(a)(2), 1008(a)(2)], Oct. 30, 2000, 114 Stat.
1654, 1654A–214, 1654A–247, 1654A–250, added items 2225,
2226, and 2227.
1999—Pub. L. 106–65, div. A, title X, § 1043(b), Oct. 5,
1999, 113 Stat. 761, added item 2224.
1998—Pub. L. 105–261, div. A, title III, § 331(a)(2), title
IX, §§ 906(f)(1), 911(a)(2), title X, § 1008(b), Oct. 17, 1998,
112 Stat. 1968, 2096, 2099, 2117, added item 2212, struck
out items 2216a ‘‘Defense Business Operations Fund’’
and 2221 ‘‘Fisher House trust funds’’, and added item
2223.
1997—Pub. L. 105–85, div. A, title X, § 1008(a)(2), Nov.
18, 1997, 111 Stat. 1871, added item 2222.
1996—Pub. L. 104–201, div. A, title X, § 1074(a)(10), Sept.
23, 1996, 110 Stat. 2659, redesignated item 2216 ‘‘Defense
Business Operations Fund’’ as 2216a.
Pub. L. 104–106, div. A, title III, § 371(a)(2), title IX,
§§ 912(a)(2), 914(a)(2), Feb. 10, 1996, 110 Stat. 279, 410, 412,
added two items 2216 and item 2221.
1994—Pub. L. 103–355, title II, § 2454(c)(3)(A), title III,
§ 3061(b), title V, § 5001(a)(2), Oct. 13, 1994, 108 Stat. 3326,
3336, 3350, substituted ‘‘Regulations on procurement,
production, warehousing, and supply distribution func-
tions’’ for ‘‘Obligation of funds: limitation’’ in item
2202, struck out item 2212 ‘‘Contracted advisory and as-
sistance services: accounting procedures’’, and added
item 2220.
Pub. L. 103–337, div. A, title III, § 373(b), div. B, title
XXV
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2201
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.