
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC126]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                 CHAPTER 3--GENERAL POWERS AND FUNCTIONS
 
Sec. 126. Transfer of funds and employees

    (a) When a function, power, or duty or an activity of a department 
or agency of the Department of Defense is transferred or assigned to 
another department or agency of that department, balances of 
appropriations that the Secretary of Defense determines are available 
and needed to finance or discharge that function, power, duty, or 
activity, as the case may be, may, with the approval of the President, 
be transferred to the department or agency to which that function, 
power, duty or activity, as the case may be, is transferred, and used 
for any purpose for which those appropriations were originally 
available. Balances of appropriations so transferred shall--
        (1) be credited to any applicable appropriation account of the 
    receiving department or agency; or
        (2) be credited to a new account that may be established on the 
    books of the Department of the Treasury;

and be merged with the funds already credited to that account and 
accounted for as one fund. Balances of appropriations credited to an 
account under clause (1) are subject only to such limitations as are 
specifically applicable to that account. Balances of appropriations 
credited to an account under clause (2) are subject only to such 
limitations as are applicable to the appropriations from which they are 
transferred.
    (b) When a function, power, or duty or an activity of a department 
or agency of the Department of Defense is transferred to another 
department or agency of that department, those civilian employees of the 
department or agency from which the transfer is made that the Secretary 
of Defense determines are needed to perform that function, power, or 
duty, or for that activity, as the case may be, may, with the approval 
of the President, be transferred to the department or agency to which 
that function, power, duty, or activity, as the case may be, is 
transferred. The authorized strength in civilian employees of a 
department or agency from which employees are transferred under this 
section is reduced by the number of employees so transferred. The 
authorized strength in civilian employees of a department or agency to 
which employees are transferred under this section is increased by the 
number of employees so transferred.

(Added Pub. L. 87-651, title II, Sec. 201(a), Sept. 7, 1962, 76 Stat. 
516; amended Pub. L. 96-513, title V, Sec. 511(2), Dec. 12, 1980, 94 
Stat. 2920.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
126(a)................................  5:172f(a).                           Ju
ly 26, 1947, ch. 343, Sec.  407;
                                        5:171n(a) (as applicable to           a
dded Aug. 10, 1949, ch. 412, Sec.
                                         5:172f(a)).                           
11 (21st and 22d pars.), 63 Stat.
126(b)................................  5:172f (less (a)).                    5
89.
                                        ...................................  Ju
ly 26, 1947, ch. 343, Sec.
                                                                              3
08(a) (as applicable to Sec.
                                                                              4
07), 61 Stat. 509.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``under authority of law'' are omitted 
as surplusage. The following substitutions are made: ``needed'' for 
``necessary''; ``used'' for ``be available for use by''; and ``those 
appropriations'' for ``said funds''.
    In subsection (b), 5 U.S.C. 172f(b) is restated to reflect more 
clearly its purpose to authorize ``transfers of personnel'' (Senate 
Report No. 366, 81st Congress, p. 23).


                               Amendments

    1980--Subsec. (b) Pub. L. 96-513 substituted ``President'' for 
``Director of the Bureau of the Budget''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.

                         Delegation of Functions

    Authority of President under subsec. (a) of this section to approve 
transfers of balances of appropriations provided for therein delegated 
to Director of Office of Management and Budget, see section 9(2) of Ex. 
Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under 
section 301 of Title 3, The President.
