10 U.S.C. § 429 — Appropriations for Defense intelligence elements: accounts for transfers; transfer authority
submitted 14 years ago by Pub. L. 112-87 to r/title-10-ARMED-FORCES · 264 words · no verdicts yet
The Secretary of Defense can move money between accounts for defense intelligence work. These transfers must follow the same rules and time limits as the original funding. This applies to Defense Department agencies that count as part of the intelligence community.
(a) Accounts for Appropriations for Defense Intelligence Elements
The Secretary of Defense may move Department of Defense money that is available for Defense intelligence elements into one or more special accounts set up to receive these transfers. Money from the Director of National Intelligence can also go into these accounts, if the transfer follows section 102A of the National Security Act of 1947. So can transfers and reimbursements that come from lawful transactions between a Defense intelligence element and some other entity. Any leftover money in these accounts can be transferred back to the account it came from, as a kind of refund.
(b) Recordation of Transfers
Every transfer made under subsection (a) must be recorded as an expenditure transfer.
(c) Availability of Funds
Money transferred under subsection (a) keeps the same rules it started with. It stays available for the same length of time and for the same purpose as the original appropriation, and it stays subject to the same legal limits.
(d) Obligation and Expenditure of Funds
Unless some other law specifically allows something different, money transferred under subsection (a) can only be obligated and spent according to chapter 15 of title 31 of the U.S. Code and any other law that applies.
(e) Defense Intelligence Element Defined
In this section, "Defense intelligence element" means any Department of Defense agency*, office, or part that falls under the definition of "intelligence community" in section 3(4) of the National Security Act of 1947.
The Secretary of Defense may transfer appropriations of the Department of Defense which are available for the activities of Defense intelligence elements to an account or accounts established for receipt of such transfers. Each such account may also receive transfers from the Director of National Intelligence if made pursuant to section 102A of the National Security Act of 1947 (50 U.S.C. 3024) and transfers and reimbursements arising from transactions, as authorized by law, between a Defense intelligence element and another entity. Appropriation balances in each such account may be transferred back to the account or accounts from which such appropriations originated as appropriation refunds.
Transfers made pursuant to subsection (a) shall be recorded as expenditure transfers.
Funds transferred pursuant to subsection (a) shall remain available for the same time period and for the same purpose as the appropriation from which transferred, and shall remain subject to the same limitations provided in the law making the appropriation.
Unless otherwise specifically authorized by law, funds transferred pursuant to subsection (a) shall only be obligated and expended in accordance with chapter 15 of title 31 and all other applicable provisions of law.
In this section, the term “Defense intelligence element” means any of the Department of Defense agencies, offices, and elements included within the definition of “intelligence community” under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
Source credit: (Added Pub. L. 112–87, title IV, § 433(a), Jan. 3, 2012, 125 Stat. 1894; amended Pub. L. 113–291, div. A, title X, § 1071(c)(5), (f)(6), Dec. 19, 2014, 128 Stat. 3508, 3510.)
- 2012Enacted · Pub. L. 112-87 · 125 Stat. 1894
- 2014Amended · Pub. L. 113-291 · 128 Stat. 3508, 3510
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-87 on 2012-01-03.
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