10 U.S.C. § 2213 — Untitled legal text

Page 1752 TITLE 10—ARMED FORCES § 2210 management funds are available for obligation only during the fiscal year in which they are ad- vanced. (Added Pub. L. 87–651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 522.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2209(a) ..... 2209(b) ..... 2209(c) ..... 5:172e(a), (b). 5:172e(c) (last sentence). 5:172e(c) (less last sen- tence). 5:172e(d). July 3, 1942, ch. 484; re- stated Aug. 10, 1949, ch. 412, § 11 (16th through 19th pars.), 63 Stat. 588. In subsection (a), the second sentence is substituted for the second sentence of 5 U.S.C. 172e(a) and the first sentence (less last 21 words) of 5 U.S.C. 172e(b) which are omitted as unnecessary. In subsection (c), the 13th through 33d words of 5 U.S.C. 172e(d) are omitted as surplusage. § 2210. Proceeds of sales of supplies: credit to ap- propriations (a)(1) A working-capital fund established pur- suant to section 2208 of this title may retain so much of the proceeds of disposals of property re- ferred to in paragraph (2) as is necessary to re- cover the expenses incurred by the fund in dis- posing of such property. Proceeds from the sale or disposal of such property in excess of amounts necessary to recover the expenses may be credited to current applicable appropriations of the Department of Defense. (2) Paragraph (1) applies to disposals of sup- plies, material, equipment, and other personal property that were not financed by stock funds established under section 2208 of this title. (b) Obligations may, without regard to fiscal year limitations, be incurred against antici- pated reimbursements to stock funds in such amounts and for such period as the Secretary of Defense, with the approval of the President, may determine to be necessary to maintain stock levels consistently with planned oper- ations for the next fiscal year. (Added Pub. L. 87–651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 522; amended Pub. L. 96–513, title V, § 511(72), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 105–261, div. A, title X, § 1009, Oct. 17, 1998, 112 Stat. 2117.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2210(a) ..... 2210(b) ..... 5:172d–1 (less proviso). 5:172d–1 (proviso). Aug. 1, 1953, ch. 305, § 645, 67 Stat. 357. In section (a), the words ‘‘proceeds of the disposal’’ are substituted for the words ‘‘moneys arising from the disposition’’. Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–261 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Current applicable appropriations of the Depart- ment of Defense may be credited with proceeds of the disposals of supplies that are not financed by stock funds established under section 2208 of this title.’’ 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. § 2211. Reimbursement for equipment, material, or services furnished members of the United Nations Amounts paid by members of the United Na- tions for equipment or materials furnished, or services performed, in joint military operations shall be credited to appropriate appropriations of the Department of Defense in the manner au- thorized by section 632(d) of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2392(d)). (Added Pub. L. 87–651, title II, § 207(a), Sept. 7, 1962, 76 Stat. 522; amended Pub. L. 96–513, title V, § 511(73), Dec. 12, 1980, 94 Stat. 2926.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2211 ......... 5:171m–1. Jan. 6, 1951, ch. 1213, § 703, 64 Stat. 1235. The reference to section 2392(d) of title 22 is sub- stituted for the reference to section 1574(b) of that title to reflect section 542(b) of the Act of August 26, 1954, ch. 937 (68 Stat. 861) and section 642(a)(2) and (b) of the Act of September 4, 1961, Pub. L. 87–195 (75 Stat. 460). Editorial Notes AMENDMENTS 1980—Pub. L. 96–513 substituted ‘‘section 632(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2392(d))’’ for ‘‘section 2392(d) of title 22’’. 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. [§ 2212. Renumbered § 3138] Editorial Notes PRIOR PROVISIONS A prior section 2212, added Pub. L. 100–370, § 1(d)(2)(A), July 19, 1988, 102 Stat. 842, directed Secretary of De- fense to maintain within each military department an accounting procedure to aid in identification and con- trol of expenditures for contracted advisory and assist- ance services, prior to repeal by Pub. L. 103–355, title II, § 2454(c)(1), Oct. 13, 1994, 108 Stat. 3326. Another prior section 2212, added Pub. L. 95–356, title VIII, § 802(a)(1), Sept. 8, 1978, 92 Stat. 585; amended Pub. L. 97–258, § 3(b)(5), Sept. 18, 1982, 96 Stat. 1063, related to transmission of annual military construction author- ization request, prior to repeal by Pub. L. 97–214, § 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, applicable to military construction projects, and to construction and acquisition of military family housing authorized be- fore, on, or after such date. See section 2859 of this title. [§ 2213. Renumbered § 3070] Editorial Notes PRIOR PROVISIONS A prior section 2213 was renumbered section 2350c of this title. 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: