10 U.S.C. § 126 — Transfer of funds and employees

Page 145 TITLE 10—ARMED FORCES § 127 ‘‘(A) Section 4025 of title 10, United States Code (relating to prizes for advanced technology achieve- ments). ‘‘(B) Section 217 of the National Defense Author- ization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2222 note) (relating to science and tech- nology activities to support business systems infor- mation technology acquisition programs). ‘‘(C) Section 908 of the National Defense Author- ization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 129a note) (relating to management inno- vation activities). ‘‘(d) USE OF BEST PRACTICES.—In conducting the dem- onstration required by subsection (a), the Secretary of Defense shall leverage commercial best practices in management and leading research in management and data science. ‘‘(e) STRATEGIC MANAGEMENT DASHBOARD DEFINED.— In this section, the term ‘strategic management dash- board’ means a system for dynamically displaying management metrics, performance goals, and other in- formation necessary for Department of Defense leader- ship to make strategic decisions related to the manage- ment of the Department using modern, commercial practices for data visualization and drawn from exist- ing automated information systems available to the Department.’’ IMPLEMENTING POLICIES, GUIDANCE, AND REPORTING FRAMEWORK Pub. L. 116–283, div. A, title IX, § 911(b), Jan. 1, 2021, 134 Stat. 3801, provided that: ‘‘(1) SUBMITTAL TO CONGRESS.—Not later than March 1, 2022, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report setting forth the policies, guidance, and reporting framework estab- lished pursuant to subsection (c) of section 125a of title 10, United States Code (as added by subsection (a) of this section). ‘‘(2) UPDATE.—Not later than 90 days after the date of the submittal to Congress of the report required by sec- tion 901(d) of this Act [10 U.S.C. 132a note], the Sec- retary shall update the reporting framework referred to in paragraph (1).’’ § 126. Transfer of funds and employees (a) When a function, power, or duty or an ac- tivity of a department or agency of the Depart- ment of Defense is transferred or assigned to an- other department or agency of that department, balances of appropriations that the Secretary of Defense determines are available and needed to finance or discharge that function, power, duty, or activity, as the case may be, may, with the approval of the President, be transferred to the department or agency to which that function, power, duty or activity, as the case may be, is transferred, and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall— (1) be credited to any applicable appropria- tion account of the receiving department or agency; or (2) be credited to a new account that may be established on the books of the Department of the Treasury; and be merged with the funds already credited to that account and accounted for as one fund. Balances of appropriations credited to an ac- count under clause (1) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited to an account under clause (2) are subject only to such limitations as are applicable to the appro- priations from which they are transferred. (b) When a function, power, or duty or an ac- tivity of a department or agency of the Depart- ment of Defense is transferred to another de- partment or agency of that department, those civilian employees of the department or agency from which the transfer is made that the Sec- retary of Defense determines are needed to per- form that function, power, or duty, or for that activity, as the case may be, may, with the ap- proval of the President, be transferred to the de- partment or agency to which that function, power, duty, or activity, as the case may be, is transferred. The authorized strength in civilian employees of a department or agency from which employees are transferred under this sec- tion is reduced by the number of employees so transferred. The authorized strength in civilian employees of a department or agency to which employees are transferred under this section is increased by the number of employees so trans- ferred. (Added Pub. L. 87–651, title II, § 201(a), Sept. 7, 1962, 76 Stat. 516; amended Pub. L. 96–513, title V, § 511(2), Dec. 12, 1980, 94 Stat. 2920.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 126(a) ...... 126(b) ...... 5:172f(a). 5:171n(a) (as applicable to 5:172f(a)). 5:172f (less (a)). July 26, 1947, ch. 343, § 407; added Aug. 10, 1949, ch. 412, § 11 (21st and 22d pars.), 63 Stat. 589. July 26, 1947, ch. 343, § 308(a) (as applicable to § 407), 61 Stat. 509. In subsection (a), the words ‘‘under authority of law’’ are omitted as surplusage. The following substitutions are made: ‘‘needed’’ for ‘‘necessary’’; ‘‘used’’ for ‘‘be available for use by’’; and ‘‘those appropriations’’ for ‘‘said funds’’. In subsection (b), 5 U.S.C. 172f(b) is restated to reflect more clearly its purpose to authorize ‘‘transfers of per- sonnel’’ (Senate Report No. 366, 81st Congress, p. 23). Editorial Notes AMENDMENTS 1980—Subsec. (b) Pub. L. 96–513 substituted ‘‘Presi- dent’’ for ‘‘Director of the Bureau of the Budget’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (a) of this sec- tion to approve transfers of balances of appropriations provided for therein delegated to Director of Office of Management and Budget, see section 9(2) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. § 127. Emergency and extraordinary expenses (a) Subject to the limitations of subsection (c), and within the limitation of appropriations made for the purpose, the Secretary of Defense,