
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: 10USC127]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                 CHAPTER 3--GENERAL POWERS AND FUNCTIONS
 
Sec. 127. Emergency and extraordinary expenses

    (a) Subject to the limitations of subsection (c), and within the 
limitation of appropriations made for the purpose, the Secretary of 
Defense, the Inspector General of the Department of Defense, and the 
Secretary of a military department within his department, may provide 
for any emergency or extraordinary expense which cannot be anticipated 
or classified. When it is so provided in such an appropriation, the 
funds may be spent on approval or authority of the Secretary concerned 
or the Inspector General for any purpose he determines to be proper, and 
such a determination is final and conclusive upon the accounting 
officers of the United States. The Secretary concerned or the Inspector 
General may certify the amount of any such expenditure authorized by him 
that he considers advisable not to specify, and his certificate is 
sufficient voucher for the expenditure of that amount.
    (b) The authority conferred by this section may be delegated by the 
Secretary of Defense to any person in the Department of Defense, by the 
Inspector General to any person in the Office of the Inspector General, 
or by the Secretary of a military department to any person within his 
department, with or without the authority to make successive 
redelegations.
    (c)(1) Funds may not be obligated or expended in an amount in excess 
of $500,000 under the authority of subsection (a) or (b) until the 
Secretary of Defense has notified the Committee on Armed Services and 
the Committee on Appropriations of the Senate and the Committee on Armed 
Services and the Committee on Appropriations of the House of 
Representatives of the intent to obligate or expend the funds, and--
        (A) in the case of an obligation or expenditure in excess of 
    $1,000,000, 15 days have elapsed since the date of the notification; 
    or
        (B) in the case of an obligation or expenditure in excess of 
    $500,000, but not in excess of $1,000,000, 5 days have elapsed since 
    the date of the notification.

    (2) Subparagraph (A) or (B) of paragraph (1) shall not apply to an 
obligation or expenditure of funds otherwise covered by such 
subparagraph if the Secretary of Defense determines that the national 
security objectives of the United States will be compromised by the 
application of the subparagraph to the obligation or expenditure. If the 
Secretary makes a determination with respect to an obligation or 
expenditure under the preceding sentence, the Secretary shall 
immediately notify the committees referred to in paragraph (1) that such 
obligation or expenditure is necessary and provide any relevant 
information (in classified form, if necessary) jointly to the chairman 
and ranking minority member (or their designees) of such committees.
    (3) A notification under paragraph (1) and information referred to 
in paragraph (2) shall include the amount to be obligated or expended, 
as the case may be, and the purpose of the obligation or expenditure.
    (d) In any case in which funds are expended under the authority of 
subsections (a) and (b), the Secretary of Defense shall submit a report 
of such expenditures on a quarterly basis to the Committee on Armed 
Services and the Committee on Appropriations of the Senate and the 
Committee on Armed Services and the Committee on Appropriations of the 
House of Representatives.

(Added Pub. L. 94-106, title VIII, Sec. 804(a), Oct. 7, 1975, 89 Stat. 
538, Sec. 140; amended Pub. L. 98-94, title XII, Sec. 1268(2), Sept. 24, 
1983, 97 Stat. 705; renumbered Sec. 127 and amended Pub. L. 99-433, 
title I, Secs. 101(a)(3), 110(d)(4), Oct. 1, 1986, 100 Stat. 994, 1002; 
Pub. L. 103-160, div. A, title III, Sec. 361, Nov. 30, 1993, 107 Stat. 
1627; Pub. L. 103-337, div. A, title III, Sec. 378, Oct. 5, 1994, 108 
Stat. 2737; Pub. L. 104-106, div. A, title IX, Sec. 915, title XV, 
Sec. 1502(a)(5), Feb. 10, 1996, 110 Stat. 413, 502; Pub. L. 106-65, div. 
A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)


                               Amendments

    1999--Subsecs. (c)(1), (d). Pub. L. 106-65 substituted ``and the 
Committee on Armed Services'' for ``and the Committee on National 
Security''.
    1996--Subsec. (c). Pub. L. 104-106, Sec. 915(2), added subsec. (c). 
Former subsec. (c) redesignated (d).
    Pub. L. 104-106, Sec. 1502(a)(5), substituted ``Committee on Armed 
Services and the Committee on Appropriations of the Senate and the 
Committee on National Security and the Committee on Appropriations of'' 
for ``Committees on Armed Services and Appropriations of the Senate 
and''.
    Subsec. (d). Pub. L. 104-106, Sec. 915(1), redesignated subsec. (c), 
as amended by Pub. L. 104-106, Secs. 1502(a)(5), 1506, as (d).
    1994--Subsec. (c). Pub. L. 103-337 struck out par. (1) designation 
before ``In any case'' and struck out par. (2) which read as follows: 
``The amount of funds expended by the Inspector General of the 
Department of Defense under subsections (a) and (b) during a fiscal year 
may not exceed $400,000.''
    1993--Subsec. (a). Pub. L. 103-160, Sec. 361(1), inserted ``, the 
Inspector General of the Department of Defense,'' after ``the Secretary 
of Defense'' and ``or the Inspector General'' after ``the Secretary 
concerned'' and after ``The Secretary concerned''.
    Subsec. (b). Pub. L. 103-160, Sec. 361(2), inserted ``, by the 
Inspector General to any person in the Office of the Inspector 
General,'' after ``the Department of Defense''.
    Subsec. (c). Pub. L. 103-160, Sec. 361(3), designated existing 
provisions as par. (1) and added par. (2).
    1986--Pub. L. 99-433 renumbered section 140 of this title as this 
section and substituted ``Emergency'' for ``Emergencies'' in section 
catchline.
    1983--Subsec. (a). Pub. L. 98-94 struck out ``of this section'' 
after ``subsection (c)''.
    Subsec. (c). Pub. L. 98-94 struck out ``of this section'' after 
``subsections (a) and (b)''.


Construction Authority of Secretary of Defense Under Declaration of War 
                          or National Emergency

    Pub. L. 97-99, title IX, Sec. 903, Dec. 23, 1981, 95 Stat. 1382, 
which authorized the Secretary of Defense, in the event of a declaration 
of war or the declaration of a national emergency by the President, to 
undertake military construction without regard to any other provisions 
of law, was repealed and restated as section 2808 of this title by Pub. 
L. 97-214, Secs. 2(a), 7(18), July 12, 1982, 96 Stat. 157, 174, 
effective Oct. 1, 1982.
