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

submitted 64 years ago by Pub. L. 87-651 to r/title-10-ARMED-FORCES · 362 words · no verdicts yet

in plain englishAI-generated · not legal advice

When a Defense Department function moves to a different agency, its funding can move too. The President must approve moving that money, and it can only be used as originally allowed. Employees needed for the transferred function can move with it, with the President's approval.

(a) When a function, power, or duty, or an activity, of one Defense Department office moves to another Defense Department office, the Secretary of Defense decides which unspent appropriated money is available and needed to fund it. With the President's approval, that money can move to the receiving office and be used for any purpose it was originally appropriated for. The transferred money must be either (1) credited to a matching appropriation account of the receiving office, or (2) credited to a new account that may be set up on the Treasury's books, where it's combined with money already credited to that account and accounted for as one fund. Money credited under (1) is subject only to the limits that specifically apply to that account; money credited under (2) is subject only to the limits that applied to the appropriations it came from. (b) When a function, power, duty, or activity moves to another Defense Department office, the civilian employees the Secretary of Defense decides are needed for it may also move, with the President's approval. The losing office's authorized civilian-employee strength goes down by the number of employees transferred, and the receiving office's authorized strength goes up by that same number.

the actual law source: uscode.house.gov ↗public domain

(a)

When a function, power, or duty or an activity of a department or agency of the Department of Defense is transferred or assigned to another 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 appropriation 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 account 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 appropriations from which they are transferred.

(b)

When a function, power, or duty or an activity of a department or agency of the Department of Defense is transferred to another department or agency of that department, those civilian employees of the department or agency from which the transfer is made that the Secretary of Defense determines are needed to perform that function, power, or duty, or for that 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. The authorized strength in civilian employees of a department or agency from which employees are transferred under this section 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 transferred.

Source credit: (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.)

history & why it existsrecord from the source credit

1962Enacted · Pub. L. 87-651 · 76 Stat. 516
1980Amended · Pub. L. 96-513 · 94 Stat. 2920

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-651 on 1962-09-07.

all 0 arguments · sorted by: best

no arguments yet — make the first case