§ 127. Emergency and extraordinary expenses

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Pub. L. 94–106 title VIII § 804(a) · 89 Stat. 531

   Enacted · 10 U.S.C. § 127

   Added Pub. L. 94–106, title VIII, § 804(a), Oct. 7, 1975, 89 Stat. 538, § 140

   Source evidence

   Code source credit
   Added Pub. L. 94–106, title VIII, § 804(a), Oct. 7, 1975, 89 Stat. 538, § 140

   Enacted provision · exact public law section
   (a) Chapter 4 of title 10, United States Code, is amended by adding the following new section after section 139 and inserting a corresponding item in the chapter analysis: “§ 140. Emergencies and extraordinary expenses “(a) Subject to the limitations of subsection (c) of this section, and within the limitation of appropriations made for the purpose, the Secretary of Defense and the Secretary of a military department within his department, may provide for any emergency or extraordinary expense which cannot be anticipated or classified. When it is so provided in such an appropriation, the funds may be spent on approval oi‘ authority of the Secretary concerned for any purpose he determines to be proper, and such a determination is final and conclusive upon the accounting officers of the United States. The Secretary concerned may certify the amount of any such expenditure authorized by him that he considers advisable not to specify, and Ins certificate is sufficient voucher for the expenditure of that amount. “(b) The authority conferred by this section may be delegated by the Secretary of Defense to any person in the Department of Defense or by the Secretary of a military department to any person within this department, with or without the authority to make successive redelegations. “(c) In any ease in which funds are expended under the authority of Subsections (a) and (b) of this section, the Secretary of Defense shall submit a report of such expenditures on a quarterly basis to the Commit tees on Armed Services and Appropriations of the Senate and the House of Representatives”.

2. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 title XII § 1268(2) · 97 Stat. 614

   Struck · 10 U.S.C. § 127(a)

   Pub. L. 98–94 struck out “of this section” after “subsection (c)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–94 struck out “of this section” after “subsection (c)”.

3. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 title XII § 1268(2) · 97 Stat. 614

   Struck · 10 U.S.C. § 127(c)

   Pub. L. 98–94 struck out “of this section” after “subsections (a) and (b)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–94 struck out “of this section” after “subsections (a) and (b)”.

4. 1986

   Goldwater-Nichols Department of Defense Reorganization Act of 1986

   Pub. L. 99–433 title I · 100 Stat. 992

   Substituted · 10 U.S.C. § 127

   Pub. L. 99–433 renumbered section 140 of this title as this section and substituted “Emergency” for “Emergencies” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 99–433 renumbered section 140 of this title as this section and substituted “Emergency” for “Emergencies” in section catchline.

   Enacted provision · exact public law
   TITLE I— DEPARTMENT OF DEFENSE GENERALLY SEC. 101. ORGANIZATION OF THE DEPARTMENT OF DEFENSE (a) Reorganization of Code.— (1) 10 USC 101 et seq. Part I of subtitle A is amended by inserting after chapter 1 the following new chapter: “CHAPTER 2— DEPARTMENT OF DEFENSE “Sec. “111. Executive department. “112. Department of Defense: seal. “113. Secretary of Defense. “114. Annual authorization of appropriations. “115. Annual authorization of personnel strengths; annual manpower requirements report. “116. Annual operations and maintenance report. “117. Annual report on North Atlantic Treaty Organization readiness. “118. Sale or transfer of defense articles: reports to Congress.”. (2) 10 USC 131 et seq. The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column) to the end of chapter 2 of such title, as added by paragraph (1), and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections of chapter 4: New sections of chapter 2 131 111 132 112 133 113 138 114 133a 117 133b 118 (3) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column 10 USC 121 et seq. ) to the end of chapter 3 of such title and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections of chapter 4: New sections of chapter 3 140 127 140a 128 140b 129 140c 130 (4) 10 USC 2201 et seq. Part IV of subtitle A is amended by inserting after chapter 143 the following new chapter: “CHAPTER 144— OVERSIGHT OF COST GROWTH IN MAJOR PROGRAMS “Sec. “2431. Weapons development and procurement schedules. “2432. Selected Acquisition Reports. “2433. Unit cost reports. “2434. Independent cost estimates.”. (5) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column) to chapter 144, as added by paragraph (4), and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections of chapter 4: New sections of chapter 3 139 2431 139a 2432 139b 2433 139c 2434 (6) The heading of chapter 4 is amended to read as follows: “CHAPTER 4— OFFICE OFTHE SECRETARY OF DEFENSE”. (7) Chapter 4 is amended by redesignating sections of such chapter listed in the left-hand column of the following table in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections: New sections 134 132 134a 133 136a 138 137 139 (b) Elements of the Department.— Section 111 (as transferred and redesignated by subsection (a)(2)) is amended— (1) by inserting “(a)” before “The Department of Defense”; and (2) by adding at the end the fol1owing: “(b) The Department is compose,i of the following: “(1) The Office of the Secretary of Defense. “(2) The Joint Chiefs of Staff. “(3) The Joint Staff. “(4) The Defense Agencies. “(5) Department of Defense Field Activities. “(6) The Department of the Army. “(7) The Department of the Navy. “(8) The Department of the Air Force. “(9) The unified and specified combatant commands. “(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President. “(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10). “(c) If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other President of U.S. than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.”. SEC. 102. POWERS AND DUTIES OF THE SECRETARY OF DEFENSE Section Post, pp. 1022, 1075. 113 (as transferred and redesignated by section 101(a)(2)) is amended by adding at the end the following new subsections: “(f) When a vacancy occurs in an office within the Department of Defense and the office is to be filled by a person appointed from civilian life by the President, by and with the advice and consent of the Senate, the Secretary of Defense shall inform the President of the qualifications needed by a person serving in that office to carry out effectively the duties and responsibilities of that office. “(g) (1) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the heads of Department of Defense components written policy guidance for the preparation and review of the program recommendations and budget proposals of their respective components. Such guidance shall include guidance on— “(A) national security objectives and policies; “(B) the priorities of military missions; and “(C) the resource levels projected to be available for the period of time for which such recommendationsand proposals are to be effective. “(2) The Secretary of Defense, with the approval of the President and after consultation with the Chairman of the Joint Chiefs of Staff, shall provide annually to the Chairman written policy guidance for the preparation and review of contingency plans. Such guidance shall include guidance on the specific force levels and specific supporting resource levels projected to be available for the period of time for which such plans are to be effective. “(h) The Secretary of Defense shall keep the Secretaries of the military departments informed with respect to military operations and activities of the Department of Defense that directly affect their respective responsibilities.”. SEC. 103. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO REORGANIZE THE DEPARTMENT OF DEFENSE Section Post, pp. 1022, 1055. 125 is amended— (1) by striking out “unless the Secretary” in the second sentence of subsection (a) and all that follows in that subsection and inserting in lieu thereof a period; and (2) by inserting “vested by law in the Department of Defense, or an officer, official, or agency thereof” in subsection (b) after “function, power, or duty”. SEC. 104. OFFICE OF THE SECRETARY OF DEFENSE Chapter 4 (as amended by section 101(a)) is further amended by inserting after the table of sections the following new section: “§ 131. Office of the Secretary or Defense “(a) There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carrying out his duties and responsibilities and to carry out such other duties as may be prescribed by law. “(b) The Office of the Secretary of Defense is composed of the following: “(1) The Deputy Secretary of Defense. “(2) The Under Secretary of Defense for Acquisition. “(3) The Under Secretary of Defense for Policy. “(4) The Director of Defense Research and Engineering. “(5) The Assistant Secretaries of Defense. “(6) The Comptroller of the Department of Defense. “(7) The Director of Operational Test and Evaluation. “(8) The General Counsel of the Department of Defense. “(9) The Inspector General of the Department of Defense. “(10) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office. “(c) Officers of the armed forces may be assig11ed or detailed to permanent duty in the Office of the Secretary of Defense. However, the Secretary may not establish a military staff in the Office of the Secretary of Defense. “(d) The Secretary of each military department, and the civilian employees and members of the armed forces under the jurisdiction of the Secretary, shall cooperate fully with personnel of the Office of the Secretary of Defense to achieve efficient administration of the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense.”. SEC. 105. UNDER SECRETARY FOR POLICY AND DIRECTOR OF DEFENSE RESEARCH AND ENGINEERING Chapter 4 is further amended— (1) by striking out the heading and subsection (a) of section 135 and inserting in lieu thereof the following: “§ 134. Under Secretary of Defense for Policy “(a) There is an Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force. “(b) (1) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. “(2) The Under Secretary shall assist the Secretary of Defense— “(A) in preparing written policy guidance for the preparation and review of contingency plans; and “(B) in reviewing such plans. “(c) The Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, and the Secretaries of the military departments. “§ 135. Director of Defense Research and Engineering “(a) There is a Director of Defense Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate.”; and (2) by striking out the first sentence of subsections (b) and (c) of section 135 (as designated by paragraph (1)). SEC. 106. ASSISTANT SECRETARIES OF DEFENSE (a) Repeal of Specification of Certain Assistant Secretaries.— Subsection (b) of section 136 is amended— (1) by striking out paragraphs (2) and (3); (2) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (3) by striking out paragraph (6). (b) Precedence.— Subsection (e) of such section is amended— (1) by striking out “and the Under Secretaries of Defense” and inserting in lieu thereof “the Under Secretaries of Defense, and the Director of Defense Research and Engineering”; and (2) by adding at the end the following new sentence: “The Assistant Secretaries take precedence amon themselves in the order prescribed by the Secreqiry of Defense.”. (c) Conforming Amendments.— Such section is further amended— (1) in subsection (c)— (A) by striking out “him” in paragraph (1) and inserting in lieu thereof “the Assistant Secretary”; and (B) by striking out “, or his designee” in paragraph (2); (2) by striking out subsection (d); and (3) by redesignating subsection (e) (as amended by subsection (b) of this section) as subsection (d). SEC. 107. COMPTROLLER OF THE DEPARTMENT OF DEFENSE Chapter 4 is further amended by inserting after section 136 the following new section: “§ 137. Comptroller “(a) There is a Comptroller of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. “(b) The Comptroller shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. “(c) The Comptroller shall advise and assist the Secretary of Defense— “(1) in performing such budgetary and fiscal functions and duties, and in exercising such budgetary and fiscal powers, as are needed to carry outthe powers of the Secretary; “(2) in supervising and directing the preparation of budget estimates of the Department of Defense; “(3) in establishing and supervising the execution of principles, policies, and procedures to be followed in connection with organizational and administrative matters relating to— “(A) the preparation and execution of budgets; “(B) fiscal, cost, operating, and capital property accounting; and “(C) progress and statistical reporting; “(4) in establishing and supervising the execution of policies and procedures relating to the expenditure and collection of funds administered by the Department of Defense; and “(5) in establishing uniform terminologies, classifications, and procedures concerning matters covered by clauses (1) through (4).”. SEC. 108. INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE Chapter 4 is further amended by inserting after section 139 (as redesignated by section 101(a)) the following new section: “§ 140. Inspector General “(a) There is an Inspector General of the Department of Defense, who is appointed as provided in section 3 of the Inspector General Act of 1978 (Public Law 95–452; 5 U.S.C. App. 3). “(b) The Inspector General performs the duties, has the responsibilities, and exercises the powers specified in the Inspector General Act of 1978.”. 5 USC app. SEC. 109. MANAGEMENT STUDIES OF OFFICE OF THE SECRETARY OF DEFENSE (a) Secretary of Defense Study.— The Secretary of Defense shall conduct a study of the functions and organization of the Office of the Secretary of Defense. The study shall consider whether the present allocation of functions to, and the organizational structure of, the Office constitute the most effective, efficient, and economical allocation and structure of the Office to assist the Secretary in carrying out his duties and responsibilities. The study shall include consideration of each of the matters specified in subsection (d). (b) Service Secretaries Joint Study.— (1) The Secretaries of the military departments shall conduct a joint study of the functions and organization of the Office of the Secretary of Defense. The study shall be conducted independently of the study conducted by the Secretary of Defense under subsection (a). The Secretaries shall Reports. submit a joint report to the Secretary of Defense on such study at a timespecified by the Secretary. Except as provided in paragraph (2), the report shall include a discussion of and recommendations concerning each of the matters specified in subsection (d). (2) The Secretary of Defense shall determine the extent to which, and prescribe the procedures under which, the Secretaries of the military departments shall study the matters specified in subsection (d)(1)(A) relating to contingency planning and military operations. (c) Chairman of JCS Study.— The Chairman of the Joint Chiefs of Staff shall conduct a study of the functions and organization of the Office of the Secretary of Defense. The study shall be conducted independently of the study conducted by the Secretary of Defense under subsection (a). The Chairman shall submit a report to the Reports. Secretary of Defense on such study at a time specified by the Secretary. The report shall include a discussion of and recommendations concerning the matters specified in paragraphs (1)(C), (1)(D), (2), (3), (5), and (6) of subsection (d). (d) Matters To Be Included.— The study required by subsection (a) shall include consideration of the following: (1) Whether the present organization of the Office— (A) is optimally structured to assist the Secretary of Defense in the effective exercise of civilian control of the Department of Defense, including civilian control of— (i) defense policy development and strategic planning; (ii) program and budget development; (iii) policy, program, and budget execution; (iv) contingency planning; and (v) military operations; (B) is the most effective and efficient organization for the initiation, development, and articulation of defense policy; (C) ensures that strategic planning and contingency planning are linked to, and derived from, national security strategy, policies, and objectives; and (D) inhibits integration of the capabilities of the Armed Forces along mission lines. (2) Whether the planning, programming, and budgeting system of the Department of Defense (including the role of the Office in such system) needs to be revised— (A) to strengthen strategic planning and policy direction; (B) to ensure that strategic planning is consistent with national security strategy, policies, and objectives; (C) to ensure that there is a sufficient relationship between strategic planning and the resource levels projected to be available for the period for which the planning is to be effective; (D) to ensure that strategic planning and program development give sufficient attention to alliances with other nations; (E) to provide for more effective oversight, control, and evaluation of policy, program, and budget execution; and (F) to ensure that past program and budget decisions are effectively evaluated, that such evaluations are supported by consistent, complete, and timely financial and performance data, and that such evaluations are fully considered in the next planning, programming, and budgeting cycle. (3) Whether the major force program categories of the Five-Year Defense Plan could be restructured to better assist decisionmakingand management control. (4) Means to improve and strengthen the oversight function within each element of the Office in policy areas not addressed by the planning, programming, and budgeting system. (5) Factors inhibiting efficient and effective execution of the functions of the Office, including factors relating to— (A) duplication of functions (both within the Office and between the Office and other elements of the Department); (B) insufficient information; and (C) insufficient resources (including personnel). (6) Alternative allocations of authorities and functions of the Office and other reorganization proposals for the Office, including the desirability of— (A) establishing Under Secretaries of Defense for mission-oriented areas of responsibility; (B) decentralizingfunctions of the Office; (C) reducing the number of officials reporting directly to the Secretary of Defense; and (D) changing the ratio of members of the Armed Forces to civilian employees in the Office. (7) Whether political appointees in the Office of the Secretary of Defense have sufficient experience and expertise, upon appointment, to be capable of contributing immediately to effective policy formulation and management. (e) Analysis of Civilian Control.— (1) The Secretary of Defense, in considering under subsection (d)(1)(A) whether effective civilian control of the Department of Defense is best assisted by the current structure of the Office, shall examine the functions performed in the Office by— (A) members of the Armed Forces on the active-duty list; and (B) members of the Armed Forces in a retired status and members of the reserve components who are employed in a civilian capacity. (2) Such Wages. examination shall include a determination of the total number of positions in the Office of the Secretary of Defense above grade GS-8 and the military equivalent (as determined by the Secretary of Defense), and of such number— (A) the number of positions held by members of the Armed Forces on the active-duty list, shown for the military equivalent of each civilian pay grade by number and as a percentage of the total number of positions in the Office in the civilian pay grade concerned and in the military equivalent of such civilian pay grade; (B) the number of such positions held by members of the Armed Forces in a retired status whoare serving in a civilian capacity, shown for each civilian pay grade in the same manner as provided under clause (A); and (C) the number of such positions held by members of the reserve components who are serving in a civilian capacity, shown for each civilian pay grade in the same manner as provided under clause (A). (3) In determining the total number of positions in the Office of the Secretary of Defense in grades above GS-8, the Secretary shall exclude positions which are primarily clerical or secretarial. (f) Independent Contractor Study.— The Secretary shall provide for an independent study to be carried out by a contractor to consider the same matters required to be considered by the Secretary under subsection (d). The Secretary shall ensure that the contractor has full access to such information as the contractor requires and that the contractor otherwise receives full cooperation from all officials and entitiesof the Department of Defense. (g) Report to Congress.— (1) The Secretary of Defense shall submit to Congress a report on the Secretary’s study under subsection (a). The report shall include— (A) the findings and conclusions of the Secretary with respect to each of the mattersset forth in subsection (d); (B) the findings and statistical determinations required under subsection (e); and (C) any recommendations of the Secretary for organizational changes in the Office of the Secretary of Defense and a description of the means for implementing each recommendation. (2) The Secretary shall include with the report a copy of the reports to the Secretary under subsections (b) and (c) and a copy of the report of the independent contractor under subsection (f), together with such comments on each such report as the Secretary considers appropriate. (3) The report under this subsection shall be submitted not later than oneyear after the date of the enactment of this Act. SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS (a) Conforming Amendment For Office of Secretary of Defense.— Chapter 41 is amended 10 USC 711 et seq. — (1) by striking out section 718; and (2) by striking out the item relating to that section in the table of sections at the beginning of such chapter. (b) Revision of Old Section 138.— Section 114 (as transferred and redesignated by section 101(a)) is amended— (1) by striking out the section heading and inserting in lieu thereof the following: “§ 114. Annual authorization of appropriations”; (2) by transferring subsection (h) to the end of section 113 (as transferred and redesignated by section 101(a) and amended by section 102) and redesignating such subsection as subsection (i); (3) by striking out “(as defined in subsection (f))” in subsection (a)(6); (4) by inserting after subsection (a)the following: “§ 115. Annual authorization of personnel strengths; annual manpower requirements report”; (5) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; (6) by inserting after such subsection (c) (as so redesignated) the following: “§ 116. Annual operations and maintenance report”; (7) by redesignating subsection (e) as subsection (a); (8) by transferring subsection (f)(1) to the end of section 114 (as determined bl the amendments made by this subsection) and striking out “(f)(1)” therein and inserting in lieu thereof “(b)”; (9) by striking out “(2) In subsection (e)” and inserting in lieu thereof “(b) In this section”; (10) by striking out “(A) ‘Combat” and “(B) ‘Major” and inserting in lieu thereof “(1) The term ‘combat” and “(2) The term ‘major”, respectively; and (11) by transferring subsections (g) and (i) to the end of section 114 (as determined by the amendments made by this subsection) and redesignating such subsections as subsections (c) and (d), respectively. (c) Technical Amendments.— (1) Section 188 (as redesignated by section 101(a)) is amended by inserting “of Defense” in subsection (a) after “Under Secretary”. (2) The heading of chapter 3 is amended to read as follows: “CHAPTER 3— GENERAL POWERS AND FUNCTIONS”. (d) Revised Section Headings.— (1) The heading of section 112 (as redesignated by section 101(a)) is amended to read as follows: “§ 112. Department of Defense: seal”. (2) The heading of section 118 (as redesignated by section 101(a)) is amended to read as follows: “§ 113. Secretary of Defense”. (3) The heading of section 117 (as redesignated by section 101(a)) is amended to read as follows: “§ 117. Annual report on North Atlantic Treaty Organization readiness”. (4) The heading of section 127 (as redesignated by section 101(a)) is amended to read as follows: “§ 127. Emergency and extraordinary expenses”. (5) The heading of section 128 (as redesignated by section 101(a)) is amended to read as follows: “§ 128. Funds transfers for foreign cryptologic support”. (6) The heading of section 130 (as redesignated by section 101(a)) is amended to read as follows: “§ 130. Authority to withhold from public disclosure certain technical data”. (7) The heading of section 182 (as redesignated by section 101(a)) is amended to read as follows: “§ 132. Deputy Secretary of Defense”. (8) The heading of section 188(as redesignated by section 101(a)) is amended to read as follows: “§ 133. Under Secretary of Defense for Acquisition”. (9) The heading of section 136 is amended to read as follows: “§ 136. Assistant Secretaries of Defense”. (10) The heading of section 138 (as redesignated by section 101(a)) is amended to read as follows: “§ 138. Director of Operational Test and Evaluation”. (11) The heading of section 189 (as redesignated by section 101(a)) is amended to read as follows: “§ 139. General Counsel”. (12) The heading of section 2431 (as redesignated by section 101(a)) is amended to read as follows: “§ 2431. Weapons development and procurement schedules”. (13) The heading of section 2432 (as redesignated by section 101(a)) is amended to read as follows: “§ 2432. Selected Acquisition Reports”. (14) The heading of section 2433 (as redesignated by section 101(a)) is amended to read as follows: “§ 2433. Unit cost reports”. (15) The heading of section 2434 (as redesignated by section 101(a)) is amended to read as follows: “§ 2434. Independent cost estimates”. (e) Clerical Amendments for Reorganization of Chapter 4.— (1) The table of sections at the beginning of chapter 3 is amended by adding at the end the following new items: “127. Emergency and extraordinary expenses. “128. Funds transfers for foreign cryptologic support. “129. Prohibition of certain civilian personnel management constraints. “130. Authority to withhold from public disclosure certain technical data.”. (2) The table of sections at the beginning of chapter 4 is amended to read as follows: “Sec. “131. Office of the Secretary of Defense. “132. Deputy Secretary of Defense. “133. Under Secretary of Defense for Acquisition. “134. Under Secretaey of Defense for Policy. “135. Director of Defense Research and Engineering. “136. Assistant Secretaries of Defense. “137. Comptroller. “138. Director of Operational Test and Evaluation. “139. General Counsel. “140. Inspector General.”. (g) Cross Reference Amendments to Title 10.— (1) Section 138(a)(2)(B) (as redesignated by section 101(a)) is amended by striking out “section 139a(a)(1)” and inserting in lieu thereof “section 2432(a)(1)”. (2) Section 1621(3) is amended by striking out “section 139a(a)(1)” and inserting in lieu thereof “section 2432(a)(1)”. (3) Section 2305a(d) is amended— (A) by striking out “section 139a(a)” in paragraph (1) and inserting in lieu thereof “section 2432(a)”; and (B) by striking out “section 139a(a)(1)(B)” both places it appears in paragraph (2) and inserting in lieu thereof “section 2432(a)(1)(B)”. (4) Section 2362(e)(2) is amended by striking out “section 139a” and inserting in lieu thereof “section 2432”. (5) Section 2403(e) is amended by striking out “section 139a” in paragraphs (1) and (2) and inserting in lieu thereof “section 2432”. (6) Section 2431 (as redesignated by section 101(a)) is amended by striking out “section 138(a)” in subsection (a) and inserting in lieu thereof “section 114(a)”. (7) Section 2432(c) (as redesignated by section 101(a)) is amended by striking out “section 139” in subsection (c)(1) and inserting in lieu thereof “section 2431”. (8) Section 2433 (as redesignated by section 101(a)) is amended— (A) by striking out “section 139a(a)” in subsection (a)(1) and inserting in lieu thereof “section 2432(a)”; and (B) by striking out “section 139a(b)(3)” in subsection (b) and inserting in lieu thereof “section 2432(b)(3)”. (9) Section 2434(b)(1) (as redesignated by section 101(a)) is amended by striking out “section 139a(a)(1)” and inserting in lieu thereof “section 2432(a)(1)”. (10) Section 8062(e) is amended by striking out “section 138” and inserting in lieu thereof “section 114”. (h) Cross Reference Amendments to Other Acts.— (1) Section 5l(c)(1) of the Arms Export Control Act (22 U.S.C. 2795(c)(1)) is amended by striking out “section 138(g)” and inserting in lieu thereof “section 114(c)”. (2) Section 53(b) of the Arms Export Control Act (22 U.S.C. 2795b(b)) is amended by striking out “section 139(a)” and inserting in lieu thereof “section 2431(a)”. (3) Section 303(c) of the Internal Security Act of 1950 (50 U.S.C. 833(c)) is amended by striking out “section 133(d)” and inserting in lieu thereof “section 113(d)”.

5. 1993

   Pub. L. 103–160 § 361(1) · 107 Stat. 1547

   Inserted · 10 U.S.C. § 127(a)

   Pub. L. 103–160, § 361(1), inserted “, the Inspector General of the Department of Defense,” after “the Secretary of Defense” and “or the Inspector General” after “the Secretary concerned” and after “The Secretary concerned”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–160, § 361(1), inserted “, the Inspector General of the Department of Defense,” after “the Secretary of Defense” and “or the Inspector General” after “the Secretary concerned” and after “The Secretary concerned”.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) in the first sentence, by inserting “, the Inspector General of the Department of Defense,” after “the Secretary of Defense”; (B) in the second sentence, by inserting “or the Inspector General” after “the Secretary concerned”, and (C) in the third sentence, by inserting “or the Inspector General” after “The Secretary concerned”;

6. 1993

   Pub. L. 103–160 § 361(2) · 107 Stat. 1547

   Inserted · 10 U.S.C. § 127(b)

   Pub. L. 103–160, § 361(2), inserted “, by the Inspector General to any person in the Office of the Inspector General,” after “the Department of Defense”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–160, § 361(2), inserted “, by the Inspector General to any person in the Office of the Inspector General,” after “the Department of Defense”.

   Enacted provision · exact public law section
   (2) in subsection (b), by inserting “, by the Inspector General to any person in the Office of the Inspector General,” after “the Department of Defense”; and

7. 1993

   Pub. L. 103–160 § 361(3) · 107 Stat. 1547

   1. Amended · 10 U.S.C. § 127(c)

      Pub. L. 103–160, § 361(3), designated existing provisions as par. (1)

   2. Added · 10 U.S.C. § 127(c)

      Pub. L. 103–160, § 361(3), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–160, § 361(3), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (3) in subsection (c)— (A) by inserting “(1)” after “(c)”; and (B) by adding at the end the following new paragraph: “(2) The amount of funds expended by the Inspector General of the Department of Defense under subsections (a) and (b) during a fiscal year may not exceed $400,000.”.

8. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title III § 378 · 108 Stat. 2663

   1. Struck · 10 U.S.C. § 127(c)

      Pub. L. 103–337 struck out par. (1) designation before “In any case”

   2. Struck · 10 U.S.C. § 127(c)

      Pub. L. 103–337 struck out par. (2) which read as follows: “The amount of funds expended by the Inspector General of the Department of Defense under subsections (a) and (b) during a fiscal year may not exceed $400,000.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–337 struck out par. (1) designation before “In any case” and struck out par. (2) which read as follows: “The amount of funds expended by the Inspector General of the Department of Defense under subsections (a) and (b) during a fiscal year may not exceed $400,000.”

   Enacted provision · exact public law section
   SEC. 378. REPEAL OF ANNUAL LIMITATION ON EXPENDITURES FOR EMERGENCY AND EXTRAORDINARY EXPENSES OF THE DEPARTMENT OF DEFENSE INSPECTOR GENERAL. Section 127(c) of title 10, United States Code, is amended— (1) by striking out “(1)” after “(c)”; and (2) by striking out paragraph (2).

9. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 915(2) · 110 Stat. 186

   Redesignated · 10 U.S.C. § 127(c)

   Pub. L. 104–106, § 915(2), added subsec. (c). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–106, § 915(2), added subsec. (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   (2) by inserting after subsection (b) the following new subsection (c):

10. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1502(a)(5) · 110 Stat. 186

    Substituted · 10 U.S.C. § 127(c)

    Pub. L. 104–106, § 1502(a)(5), substituted “Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of” for “Committees on Armed Services and Appropriations of the Senate and”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–106, § 1502(a)(5), substituted “Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of” for “Committees on Armed Services and Appropriations of the Senate and”.

    Enacted provision · exact public law section
    (5) Section 127(c) is amended by striking out “Committees on Armed Services and Appropriations of the Senate and” and inserting in lieu thereof “Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of”.

11. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 915(1) · 110 Stat. 186

    Redesignated · 10 U.S.C. § 127(d)

    Pub. L. 104–106, § 915(1), redesignated subsec. (c), as amended by Pub. L. 104–106, §§ 1502(a)(5), 1506, as (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–106, § 915(1), redesignated subsec. (c), as amended by Pub. L. 104–106, §§ 1502(a)(5), 1506, as (d).

    Enacted provision · exact public law section
    (1) by redesignating subsection (c) as subsection (d); and

12. 1999

    Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512

    Substituted · 10 U.S.C. § 127(c)(1); 10 U.S.C. § 127(c)(d)

    Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”

    Source evidence

    Code amendment note
    Subsecs. (c)(1), (d). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

    Enacted provision · exact public law section
    (1) Title 10, United States Code.

13. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title X § 1031(a)(2) · 117 Stat. 1392

    Amended · 10 U.S.C. § 127(d)

    Pub. L. 108–136 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In any case in which funds are expended under the authority of subsections (a) and (b), the Secretary of Defense shall submit a report of such expenditures on a quarterly basis to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–136 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In any case in which funds are expended under the authority of subsections (a) and (b), the Secretary of Defense shall submit a report of such expenditures on a quarterly basis to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.”

    Enacted provision · exact public law section
    (2) Section 127(d) is amended to read as follows: “(d) Annual Report.— Not later than December 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on expenditures during the preceding fiscal year under subsections (a) and (b).” .

14. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1081(a)(4) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 127(c)(1)

    Pub. L. 115–91, § 1081(a)(4), substituted “congressional defense committees” for “the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 115–91, § 1081(a)(4), substituted “congressional defense committees” for “the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives” in introductory provisions.

    Enacted provision · exact public law section
    (4) Section 127(c)(1) is amended by striking “the Committee on” the first place it appears and all that follows through “of Representatives” and inserting “congressional defense committees”.

15. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1041(a) · 131 Stat. 1283

    Added · 10 U.S.C. § 127(c)(4)

    Pub. L. 115–91, § 1041(a), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 115–91, § 1041(a), added par. (4).

    Enacted provision · exact public law section
    (a) Limitation.— Subsection (c) of section 127 of title 10, United States Code, is amended by adding at the end the following new paragraph: “(4) (A) Notwithstanding paragraph (1), funds may not be obligated or expended in an amount in excess of $100,000 under the authority of subsection (a) or (b) for intelligence or counter-intelligence activities until the Secretary of Defense has notified the congressional defense committees and the congressional intelligence committees of the intent to obligate or expend the funds and 15 days have elapsed since the date of the notification. “(B) The Secretary of Defense may waive subparagraph (A) if the Secretary determines that such a waiver is necessary due to extraordinary circumstances that affect the national security of the United States. If the Secretary issues a waiver under this subparagraph, the Secretary shall submit to the congressional defense and congressional intelligence committees, by not later than 48 hours after issuing the waiver, written notice of and justification for the waiver.” .

16. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1041(b) · 131 Stat. 1283

    1. Amended · 10 U.S.C. § 127(d)

       Pub. L. 115–91, § 1041(b), designated existing provisions as par. (1)

    2. Substituted · 10 U.S.C. § 127(d)

       Pub. L. 115–91, § 1041(b), substituted “submit—” for “submit to the congressional defense committees a report on expenditures during the preceding fiscal year under subsections (a) and (b).”

    3. Added · 10 U.S.C. § 127(d)

       Pub. L. 115–91, § 1041(b), added subpars. (A) and (B) of par. (1)

    4. Added · 10 U.S.C. § 127(d)

       Pub. L. 115–91, § 1041(b), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–91, § 1041(b), designated existing provisions as par. (1), substituted “submit—” for “submit to the congressional defense committees a report on expenditures during the preceding fiscal year under subsections (a) and (b).”, added subpars. (A) and (B) of par. (1), and added par. (2).

    Enacted provision · exact public law section
    (b) Annual Report.— Subsection (d) of such section is amended— (1) by striking “Not later” and inserting “(1) Not later”; (2) by striking “to the congressional defense committees” and all that follows through the period at the end and inserting an em dash; and (3) by adding at the end the following: “(A) to the congressional defense committees a report on all expenditures during the preceding fiscal year under subsections (a) and (b); and “(B) to the congressional intelligence committees a report on expenditures relating to intelligence and counter-intelligence during the preceding fiscal year under subsections (a) and (b). “(2) Each report required to be submitted under paragraph (1) shall include a detailed explanation, by category of activity and approving authority (the Secretary of Defense, the Inspector General of the Department of Defense, and the Secretary of a military department), of the expenditures during the preceding fiscal year.” .

17. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1041(c) · 131 Stat. 1283

    Added · 10 U.S.C. § 127(e)

    Pub. L. 115–91, § 1041(c), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 115–91, § 1041(c), added subsec. (e).

    Enacted provision · exact public law section
    (c) Definition.— Such section is further amended by adding at the end the following new subsection: “(e) Definition of Congressional Intelligence Committees.— In this section, the term ‘congressional intelligence committees’ means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.” .

18. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1731(a)(5) · 133 Stat. 1198

    Inserted · 10 U.S.C. § 127(c)(1)

    Pub. L. 116–92, § 1731(a)(5), inserted “the” before “congressional defense committees”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 116–92, § 1731(a)(5), inserted “the” before “congressional defense committees”.

    Enacted provision · exact public law section
    (5) Section 127(c)(1) is amended by inserting “the” before “congressional defense committees”.

19. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1012 · 133 Stat. 1198

    Amended · 10 U.S.C. § 127(d)(2)

    Pub. L. 116–92, § 1012, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Each report required to be submitted under paragraph (1) shall include a detailed explanation, by category of activity and approving authority (the Secretary of Defense, the Inspector General of the Department of Defense, and the Secretary of a military department), of the expenditures during the preceding fiscal year.”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 116–92, § 1012, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Each report required to be submitted under paragraph (1) shall include a detailed explanation, by category of activity and approving authority (the Secretary of Defense, the Inspector General of the Department of Defense, and the Secretary of a military department), of the expenditures during the preceding fiscal year.”

    Enacted provision · exact public law section
    SEC. 1012. MODIFICATION OF REQUIRED ELEMENTS OF ANNUAL REPORTS ON EMERGENCY AND EXTRAORDINARY EXPENSES OF THE DEPARTMENT OF DEFENSE.   Paragraph (2) of section 127(d) of title 10, United States Code, is amended to read as follows: “(2) Each report submitted under paragraph (1) shall include, for each individual expenditure covered by such report in an amount in excess of $100,000, the following: “(A) A detailed description of the purpose of such expenditure. “(B) The amount of such expenditure. “(C) An identification of the approving authority for such expenditure. “(D) A justification why other authorities available to the Department could not be used for such expenditure. “(E) Any other matters the Secretary considers appropriate.” .

20. 2024

    Pub. L. 118–159 div. A title XVI § 1614(e)(2) · 138 Stat. 2169

    Inserted · 10 U.S.C. § 127(a)

    Pub. L. 118–159 inserted at end “The authority to expend amounts made available for the Military Intelligence Program for intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature is provided by section 429a of this title instead of this section.”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 118–159 inserted at end “The authority to expend amounts made available for the Military Intelligence Program for intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature is provided by section 429a of this title instead of this section.”

21 of 25 references resolved to an enrolled provision · 3 partial · 1 unresolved