§ 2201. Apportionment of funds: authority for exemption; excepted expenses

Statutory text

Exemption From Apportionment Requirement.—

If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of section 1512 of title 31 appropriations, funds, and contract authorizations available for military functions of the Department of Defense.

Airborne Alerts.—

Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.

Members on Active Duty.—

Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.

Notification to Congress.—

The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.

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.

1988
Pub. L. 100–370 § 1(d)(1)(A) · 102 Stat. 840
Enacted · 10 U.S.C. § 2201
Added Pub. L. 100–370, § 1(d)(1)(A), July 19, 1988, 102 Stat. 841
Source evidence
Code source credit
Added Pub. L. 100–370, § 1(d)(1)(A), July 19, 1988, 102 Stat. 841
Enacted provision · exact public law section
(A) Chapter 131 of title 10, United States Code, is amended by inserting before section 2202 the following new section: “§ 2201. Apportionment of funds: authority for exemption; excepted expenses “(a) Exemption From Apportionment Requirement.— If the Contracts. President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of section 1512 of title 31 appropriations, funds, and contract authorizations available for military functions of the Department of Defense. “(b) Airborne Alerts.— Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)). “(c) Members on Active Duty.— Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)). “(d) Notification to Congress.— The Secretary of Defense— “(1) shall immediately notify Congress of the use of any authority under this section; and “(2) shall submit monthly reports to Congress on the estimated obligations incurred pursuant to subsections (b) and (c).”.
1999
Pub. L. 106–65 div. A title X § 1032(a)(1) · 113 Stat. 512
1. Substituted · 10 U.S.C. § 2201(d)
  Pub. L. 106–65 substituted “Defense” for “Defense—”
2. Struck · 10 U.S.C. § 2201(d)
  Pub. L. 106–65 struck out par. (1) designation
3. Substituted · 10 U.S.C. § 2201(d)
  Pub. L. 106–65 substituted “this section.” for “this section; and”
4. Struck · 10 U.S.C. § 2201(d)
  Pub. L. 106–65 struck out par. (2) which read as follows: “shall submit monthly reports to Congress on the estimated obligations incurred pursuant to subsections (b) and (c).”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 106–65 substituted “Defense” for “Defense—”, struck out par. (1) designation, substituted “this section.” for “this section; and”, and struck out par. (2) which read as follows: “shall submit monthly reports to Congress on the estimated obligations incurred pursuant to subsections (b) and (c).”
Enacted provision · exact public law section
(1) Section 2201(d) is amended— (A) by striking paragraph (2); (B) by striking “; and” at the end of paragraph (1) and inserting a period; and (C) by striking “Defense—” and all that follows through “(1) shall” and inserting “Defense shall”.
2011
Pub. L. 111–350 § 5(b)(4)(A) · 124 Stat. 3677
Substituted · 10 U.S.C. § 2201(b)
Pub. L. 111–350, § 5(b)(4)(A), substituted “section 6301(a) and (b)(1)–(3) of title 41” for “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 111–350, § 5(b)(4)(A), substituted “section 6301(a) and (b)(1)–(3) of title 41” for “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))”.
Enacted provision · exact public law section
(A) in subsection (b), strike “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))” and substitute “section 6301(a) and (b)(1)–(3) of title 41”; and
2011
Pub. L. 111–350 § 5(b)(4)(B) · 124 Stat. 3677
Substituted · 10 U.S.C. § 2201(c)
Pub. L. 111–350, § 5(b)(4)(B), substituted “section 6301(a) and (b)(1)–(3) of title 41” for “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 111–350, § 5(b)(4)(B), substituted “section 6301(a) and (b)(1)–(3) of title 41” for “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))”.
Enacted provision · exact public law section
(B) in subsection (c), strike “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))” and substitute “section 6301(a) and (b)(1)–(3) of title 41”.

7 of 7 references resolved to an enrolled provision

Notes

Historical and Revision Notes

Section is based on Pub. L. 99–190, § 101(b) [title VIII, § 8009], Dec. 19, 1985, 99 Stat. 1185, 1204.

In two instances, the source law to be codified by the bill includes provisions that on their face require that the Department of Defense notify Congress of certain actions. These notification requirements were terminated by section 602 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433), which terminated all recurring reporting requirements applicable to the Department of Defense except for those requirements that were specifically exempted in that section. The source law sections are sections 8009(c) and 8005(j) (proviso) of the FY86 defense appropriations Act (Public Law 99–190), enacted December 19, 1985, which would be codified as section 2201 of title 10 (by section 1(d) of the bill) and section 7313(a) of title 10 (by section 1(n) of the bill). In codifying the authorities provided the Department of Defense by these two provisions of law, the committee believes that it is appropriate to reinstate the congressional notification requirements that go with those authorities. These sections were recurring annual appropriation provisions for many years and were made permanent only months before the enactment of the 1986 Reorganization Act. It is the committee’s belief that the failure to exempt these provisions from the general reports termination provision was inadvertent and notes that the notification provisions had in fact previously applied to the Department of Defense for many years. The action of the committee restores the status quo as it existed before the Reorganization Act.

Editorial Notes

Prior Provisions

A prior section 2201, act Aug. 10, 1956, ch. 1041, 70A Stat. 119, prescribed the general functions of the Secretary of Defense, prior to repeal by Pub. L. 85–599, § 3(c), Aug. 6, 1958, 72 Stat. 516. See section 113 of this title.

Amendments1999–2011 · 2 rounds

2011

Subsec. (b). Pub. L. 111–350, § 5(b)(4)(A), substituted “section 6301(a) and (b)(1)–(3) of title 41” for “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))”.

Subsec. (c). Pub. L. 111–350, § 5(b)(4)(B), substituted “section 6301(a) and (b)(1)–(3) of title 41” for “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))”.

1999

Subsec. (d). Pub. L. 106–65 substituted “Defense” for “Defense—”, struck out par. (1) designation, substituted “this section.” for “this section; and”, and struck out par. (2) which read as follows: “shall submit monthly reports to Congress on the estimated obligations incurred pursuant to subsections (b) and (c).”

Credits

1988–2011 · 3 acts

1988Added Pub. L. 100–370, § 1(d)(1)(A), July 19, 1988, 102 Stat. 841
1999amended Pub. L. 106–65, div. A, title X, § 1032(a)(1), Oct. 5, 1999, 113 Stat. 751
2011Pub. L. 111–350, § 5(b)(4), Jan. 4, 2011, 124 Stat. 3842.

Show as published

(Added Pub. L. 100–370, § 1(d)(1)(A), July 19, 1988, 102 Stat. 841; amended Pub. L. 106–65, div. A, title X, § 1032(a)(1), Oct. 5, 1999, 113 Stat. 751; Pub. L. 111–350, § 5(b)(4), Jan. 4, 2011, 124 Stat. 3842.)