
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC125]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                 CHAPTER 3--GENERAL POWERS AND FUNCTIONS
 
Sec. 125. Functions, powers, and duties: transfer, reassignment, 
        consolidation, or abolition
        
    (a) Subject to section 2 of the National Security Act of 1947 (50 
U.S.C. 401), the Secretary of Defense shall take appropriate action 
(including the transfer, reassignment, consolidation, or abolition of 
any function, power, or duty) to provide more effective, efficient, and 
economical administration and operation, and to eliminate duplication, 
in the Department of Defense. However, except as provided by subsections 
(b) and (c), a function, power, or duty vested in the Department of 
Defense, or an officer, official, or agency thereof, by law may not be 
substantially transferred, reassigned, consolidated, or abolished.
    (b) Notwithstanding subsection (a), if the President determines it 
to be necessary because of hostilities or an imminent threat of 
hostilities, any function, power, or duty vested by law in the 
Department of Defense, or an officer, official, or agency thereof, 
including one assigned to the Army, Navy, Air Force, or Marine Corps by 
section 3062(b), 5062, 5063, or 8062(c) of this title, may be 
transferred, reassigned, or consolidated. The transfer, reassignment, or 
consolidation remains in effect until the President determines that 
hostilities have terminated or that there is no longer an imminent 
threat of hostilities, as the case may be.
    (c) Notwithstanding subsection (a), the Secretary of Defense may 
assign or reassign the development and operational use of new weapons or 
weapons systems to one or more of the military departments or one or 
more of the armed forces.

(Added Pub. L. 87-651, title II, Sec. 201(a), Sept. 7, 1962, 76 Stat. 
515; amended Pub. L. 89-501, title IV, Sec. 401, July 13, 1966, 80 Stat. 
278; Pub. L. 98-525, title XIV, Sec. 1405(1), Oct. 19, 1984, 98 Stat. 
2621; Pub. L. 99-433, title I, Sec. 103, title III, Sec. 301(b)(1), 
title V, Sec. 514(c)(1), Oct. 1, 1986, 100 Stat. 996, 1022, 1055; Pub. 
L. 101-510, div. A, title XIII, Sec. 1301(3), Nov. 5, 1990, 104 Stat. 
1668.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
125(a)................................  5:171a(c)(1), (2).                   Ju
ly 26, 1947, ch. 343, Sec.
                                        5:171n(a) (as applicable to           2
02(c)(1), (2), (4), (5), (6);
                                         5:171a(c)(1)).                       a
dded Aug. 10, 1949, ch. 412, Sec.
125(b)................................  5:171a(c)(5).                          
5(3d, 4th, 6th, 7th, and 8th
                                        5:171n(a) (as applicable to           p
ars.); restated Aug. 6, 1958,
                                         5:171a(c)(5)).                       P
ub. L. 85-599, Sec.  3(a), (1st,
125(c)................................  5:171a(c)(4).                         2
d, 5th, 6th, and 7th pars.), 72
125(d)................................  5:171a(c)(6).                         S
tat. 514, 515.
                                        5:171n(a) (as applicable to
                                         5:171a(c)(6)).
                                        ...................................  Ju
ly 26, 1947, ch. 343, Sec.
                                                                              3
08(a) (as applicable to Sec.
                                                                              2
02(c)(1), (5), (6)), 61 Stat.
                                                                              5
09.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the following substitutions are made: ``Except as 
provided by subsections (b) and (c)'' for ``except as otherwise provided 
in this subsection''; ``vested . . . by law'' for ``established by law 
to be performed by''; ``recommending'' for ``stating''; ``proposes'' for 
``contemplates''; and ``the period'' for ``the thirty-day period or the 
forty-day period''. The words ``on the first day after'' are inserted 
for clarity. The words ``if carried out'' are omitted as surplusage.
    In subsection (b), the words ``Notwithstanding subsection (a)'' are 
substituted for the words ``Notwithstanding other provisions of this 
subsection''; and ``Unless the President determines otherwise'' for 
``subject to the determination of the President''.
    In subsection (c), the following substitutions are made: 
``Notwithstanding subsection (a)'' for ``Notwithstanding the provisions 
of paragraph (1) hereof''; and ``armed forces'' for ``services''.
    In subsection (d), the following substitutions are made: ``In 
subsection (a) (1)'' for ``within the meaning of paragraph (1) hereof''; 
and ``considers'' for ``deems''. The words ``advantageous to the 
Government in terms of'' are omitted as surplusage.


                               Amendments

    1990--Subsec. (c). Pub. L. 101-510 struck out at end ``However, 
notwithstanding any other provision of this title or any other law, the 
Secretary of Defense shall not direct or approve a plan to initiate or 
effect a substantial reduction or elimination of a major weapons system 
until the Secretary of Defense has reported all the pertinent details of 
the proposed action to the Congress of the United States while the 
Congress is in session.''
    1986--Subsec. (a). Pub. L. 99-433, Sec. 103(1), struck out provision 
under which the Secretary of Defense could substantially transfer, 
reassign, consolidate, or abolish functions, powers, or duties vested in 
the Department of Defense by law if the Secretary reported the details 
of the proposed transfer, reassignment, consolidation, or abolition to 
Congress and if Congress did not affirmatively reject the proposal.
    Subsec. (b). Pub. L. 99-433, Secs. 103(2), 514(c)(1), inserted 
``vested by law in the Department of Defense, or an officer, official, 
or agency thereof'' and substituted ``5062, 5063'' for ``5012, 5013''.
    Subsec. (d). Pub. L. 99-433, Sec. 301(b)(1), struck out subsec. (d) 
which read as follows: ``In subsection (a)(1), `major combatant 
function, power, or duty' does not include a supply or service activity 
common to more than one military department. The Secretary of Defense 
shall, whenever he determines it will be more effective, economical, or 
efficient, provide for the performance of such an activity by one agency 
or such other organizations as he considers appropriate.''
    1984--Subsec. (a). Pub. L. 98-525 substituted ``section 2 of the 
National Security Act of 1947 (50 U.S.C. 401)'' for ``section 401 of 
title 50''.
    1966--Subsec. (c). Pub. L. 89-501 required the Secretary of Defense 
to report to the Congress all the pertinent details regarding any 
substantial reduction or elimination of a major weapons system before 
action could be initiated or effected by the Department of Defense.


  Resolutions Relating to Transfers, Reassignments, Consolidations, or 
                    Abolitions of Combatant Functions

    Section 303 of Pub. L. 87-651 provided that:
    ``(a) For the purposes of this section, any resolution reported to 
the Senate or the House of Representatives pursuant to the provisions of 
section 125 of title 10, United States Code, shall be treated for the 
purpose of consideration by either House, in the same manner as a 
resolution with respect to a reorganization plan reported by a committee 
within the meaning of the Reorganization Act of 1949 as in effect on 
July 1, 1958 (5 U.S.C. 133z and the following) [63 Stat. 203; 71 Stat. 
611], and shall be governed by the provisions applicable to the 
consideration of any such resolution by either House of the Congress as 
provided by sections 205 and 206 of that Act [63 Stat. 207].
    ``(b) The provisions of this section are enacted by the Congress--
        ``(1) as an exercise of the rule-making power of the Senate and 
    the House of Representatives, respectively, and as such they shall 
    be considered as part of the rules of each House, respectively, and 
    supersede other rules only to the extent that they are inconsistent 
    therewith; and
        ``(2) with full recognition of the constitutional right of 
    either House to change the rules (as far as relating to the 
    procedure in that House) at any time, in the same manner and to the 
    same extent as in the case of any other rule of that House.''

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 113, 191 of this title.
