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Title 10 — Armed Forces

Part I · Chapter 21 — Department of Defense Intelligence Matters

§ 429. Appropriations for Defense intelligence elements: accounts for transfers; transfer authority

Statutory text

(a)

Accounts for Appropriations for Defense Intelligence Elements.—

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.

(b)

Recordation of Transfers.—

Transfers made pursuant to subsection (a) shall be recorded as expenditure transfers.

(c)

Availability of Funds.—

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.

(d)

Obligation and Expenditure of Funds.—

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.

(e)

Defense Intelligence Element Defined.—

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)).

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. Intelligence Authorization Act for Fiscal Year 2012

    Pub. L. 112–87 title IV § 433(a) · 125 Stat. 1876

    Enacted · 10 U.S.C. § 429

    Added Pub. L. 112–87, title IV, § 433(a), Jan. 3, 2012, 125 Stat. 1894

    Source evidence

    Code source credit
    Added Pub. L. 112–87, title IV, § 433(a), Jan. 3, 2012, 125 Stat. 1894

    Enacted provision · exact public law section
    (a) In General.— Chapter 21 of title 10, United States Code, is amended by inserting after section 428 the following new section: “§ 429. Appropriations for Defense intelligence elements: accounts for transfers; transfer authority “(a) Accounts for Appropriations for Defense Intelligence Elements.— 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. 403–1), 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. “(b) Recordation of Transfers.— Transfers made pursuant to subsection (a) shall be recorded as expenditure transfers. “(c) Availability of Funds.— 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 act making the appropriation. “(d) Obligation and Expenditure of Funds.— 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. “(e) Defense Intelligence Element Defined.— 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. 401a(4)).” .

  2. Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1071(c)(5)(A) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 429(a)

    Pub. L. 113–291, § 1071(c)(5)(A), substituted “section 102A of the National Security Act of 1947 (50 U.S.C. 3024)” for “Section 102A of the National Security Act of 1947 (50 U.S.C. 403–1)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–291, § 1071(c)(5)(A), substituted “section 102A of the National Security Act of 1947 (50 U.S.C. 3024)” for “Section 102A of the National Security Act of 1947 (50 U.S.C. 403–1)”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “Section 102A of the National Security Act of 1947 (50 U.S.C. 403–1)” and inserting “section 102A of the National Security Act of 1947 (50 U.S.C. 3024)”; and

  3. Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1071(f)(6) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 429(c)

    Pub. L. 113–291, § 1071(f)(6), substituted “law” for “act”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–291, § 1071(f)(6), substituted “law” for “act”.

    Enacted provision · exact public law section
    (6) Section 429(c) is amended by striking “act” and inserting “law”.

  4. Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 1071(c)(5)(B) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 429(e)

    Pub. L. 113–291, § 1071(c)(5)(B), substituted “(50 U.S.C. 3003(4))” for “(50 U.S.C. 401a(4))”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–291, § 1071(c)(5)(B), substituted “(50 U.S.C. 3003(4))” for “(50 U.S.C. 401a(4))”.

    Enacted provision · exact public law section
    (B) in subsection (e), by striking “(50 U.S.C. 401a(4))” and inserting “(50 U.S.C. 3003(4))”.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments

2014—Subsec. (a). Pub. L. 113–291, § 1071(c)(5)(A), substituted “section 102A of the National Security Act of 1947 (50 U.S.C. 3024)” for “Section 102A of the National Security Act of 1947 (50 U.S.C. 403–1)”.

Subsec. (c). Pub. L. 113–291, § 1071(f)(6), substituted “law” for “act”.

Subsec. (e). Pub. L. 113–291, § 1071(c)(5)(B), substituted “(50 U.S.C. 3003(4))” for “(50 U.S.C. 401a(4))”.

Credits

2012–2014 · 2 acts
  1. 2012Added Pub. L. 112–87, title IV, § 433(a), , 125 Stat. 1894
  2. 2014amended Pub. L. 113–291, div. A, title X, § 1071(c)(5), (f)(6), , 128 Stat. 3508, 3510.
Show as published

(Added Pub. L. 112–87, title IV, § 433(a), , 125 Stat. 1894; amended Pub. L. 113–291, div. A, title X, § 1071(c)(5), (f)(6), , 128 Stat. 3508, 3510.)

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