10 U.S.C. § 2215 — Transfer of funds to other departments

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 denied funds. (Added Pub. L. 101–510, div. A, title XIV, § 1482(c)(1), Nov. 5, 1990, 104 Stat. 1709.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1991, see section 1482(d) of Pub. L. 101–510, set out as an Effective Date of 1990 Amendment note under section 119 of this title. NOTIFICATION TO CONGRESS OF REPROGRAMMING INVOLVING MILITARY CONSTRUCTION FUNDS Pub. L. 118–159, div. B, title XXVIII, § 2810, Dec. 23, 2024, 138 Stat. 2252, provided that: ‘‘The Secretary of Defense shall notify the congressional defense commit- tees [Committees on Armed Services and Appropria- tions of the Senate and the House of Representatives] of any reprogramming of funds made available for mili- tary construction not later than 14 days after the date of such reprogramming.’’ § 2215. Transfer of funds to other departments and agencies: limitation Funds available for military functions of the Department of Defense may not be made avail- able to any other department or agency of the Federal Government pursuant to a provision of law enacted after November 29, 1989, unless, not less than 30 days before such funds are made available to such other department or agency, the Secretary of Defense submits to the congres- sional defense committees a certification that making those funds available to such other de- partment or agency is in the national security interest of the United States. (Added Pub. L. 103–160, div. A, title XI, § 1106(a)(1), Nov. 30, 1993, 107 Stat. 1750; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(14), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–375, div. A, title X, § 1084(b)(1), Oct. 28, 2004, 118 Stat. 2060.) Editorial Notes PRIOR PROVISIONS A prior section 2215, added Pub. L. 99–661, div. A, title XIII, § 1307(a)(1), Nov. 14, 1986, 100 Stat. 3980, related to reports on unobligated balances, prior to repeal by Pub. L. 101–510, div. A, title XIII, § 1301(7), Nov. 5, 1990, 104 Stat. 1668. Provisions similar to those in this section were con- tained in Pub. L. 101–189, div. A, title XVI, § 1604, Nov. 29, 1989, 103 Stat. 1598, which was set out as a note under section 1531 of Title 31, Money and Finance, prior to repeal by Pub. L. 103–160, § 1106(b). AMENDMENTS 2004—Pub. L. 108–375 struck out subsec. (a) designa- tion and heading before ‘‘Funds available’’, substituted ‘‘congressional defense committees’’ for ‘‘congressional committees specified in subsection (b)’’, and struck out heading and text of subsec. (b). Text of subsec. (b) read as follows: ‘‘The committees referred to in subsection (a) are— ‘‘(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and ‘‘(2) the Committee on Armed Services and the Committee on Appropriations of the House of Rep- resentatives.’’ 1999—Subsec. (b)(2). Pub. L. 106–65 substituted ‘‘Com- mittee on Armed Services’’ for ‘‘Committee on Na- tional Security’’. 1996—Pub. L. 104–106 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘to the con- gressional committees specified in subsection (b)’’ for ‘‘to the Committees on Armed Services and the Com- mittees on Appropriations of the Senate and House of Representatives’’, and added subsec. (b). [§ 2216. Renumbered § 3136] Editorial 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 re- numbered section 2216a of this title 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, re- lated 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. § 2216a. Rapidly meeting urgent needs: Joint Ur- gent 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: