§ 2201. Apportionment of funds: authority for exemption; excepted expenses
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(a)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.
(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 6301(a) and (b)(1)–(3) of title 41.
(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 6301(a) and (b)(1)–(3) of title 41.
(d)Notification to Congress.— The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.
(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.)
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.
Connections36 cite this · traces to 3
Cited by 36 sections · top 26
public-private-law
- Public Law 115-232John S. McCain National Defense Authorization Act for Fiscal Year 2019
- Public Law 116-283William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
- Public Law 114-328National Defense Authorization Act for Fiscal Year 2017
- Public Law 116-92National Defense Authorization Act for Fiscal Year 2020
- Public Law 114-92National Defense Authorization Act for Fiscal Year 2016
U.S. Code
statutes-at-large
- Public Law 100–370To amend title 10, United States Code, to codify in that title certain defense-related permanent free-standing provisions of law
- Public Law 99–433To reorganize the Department of Defense and strengthen civilian authority in the Department of Defense, to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense, to place clear responsibility on the commanders of the unified and specified
- Public Law 95–356To authorize certain construction at military installations for fiscal year 1979, and for other purposes
- Public Law 114–92To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 114–328To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
statute-compilations
- Sec. 1807GENERAL MATTERS
- Sec. 833COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS AND RELATED INITIATIVES
- Sec. 1731TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS
- Sec. 833SUNSET AND REPEAL OF CERTAIN CONTRACTING PROVISIONS
- Sec. 883STREAMLINING OF REQUIREMENTS RELATING TO DEFENSE BUSINESS SYSTEMS
- Sec. 1081TECHNICAL AND CLERICAL AMENDMENTS
- Sec. 1809BUDGETING AND APPROPRIATIONS
- Sec. 1079REPEAL OF REPORTING REQUIREMENTS
- Sec. 1880PART IV HEADING
19 references not yet in our index
- Pub. L. 100–370, § 1(d)(1)(A)
- 102 Stat. 841
- Pub. L. 106–65, div. A, title X, § 1032(a)(1)
- 113 Stat. 751
- Pub. L. 111–350, § 5(b)(4)
- 124 Stat. 3842
- Pub. L. 99–190, § 101(b) [title VIII, § 8009]
- 99 Stat. 1185
- Public Law 99–433
- Public Law 99–190
- section 7313(a) of title 10
- act Aug. 10, 1956, ch. 1041
- 70A Stat. 119
- Pub. L. 85–599, § 3(c)
- 72 Stat. 516
- Pub. L. 111–350, § 5(b)(4)(A)
- 41 U.S.C. 11(a)
- Pub. L. 111–350, § 5(b)(4)(B)
- Pub. L. 106–65
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cites case law
§ 2201
Apportionment of funds: authority for exemption; excepted expenses
Stat. Comp.×12
Pub. L.×11
Stat.×6
U.S.C.×4
Fed. Reg.×2
Bills×1
Pub. L.Pub. L. 100–370, § 1(d)(1)(A)
Stat.102 Stat. 841
Pub. L.Pub. L. 106–65, div. A, title X, § 1032(a)(1)
Stat.113 Stat. 751
Pub. L.Pub. L. 111–350, § 5(b)(4)
Cites 22 · showing 8Cited by 36 across 6 sources