
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1009(b)(3)(B)]
[Document affected by Public Law 107-107 Section 911(b)]
[CITE: 10USC2201]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 131--PLANNING AND COORDINATION
 
Sec. 2201. Apportionment of funds: authority for exemption; 
        excepted expenses
        
    (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 3732(a) 
of the Revised Statutes (41 U.S.C. 11(a)).
    (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 3732(a) of the 
Revised Statutes (41 U.S.C. 11(a)).
    (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, Sec. 1(d)(1)(A), July 19, 1988, 102 Stat. 841; 
amended Pub. L. 106-65, div. A, title X, Sec. 1032(a)(1), Oct. 5, 1999, 
113 Stat. 751.)


                      Historical and Revision Notes

    Section is based on Pub. L. 99-190, Sec. 101(b) [title VIII, 
Sec. 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.


                            Prior Provisions

    A prior section 2201, act Aug. 10, 1956, ch. 1041, 70A Stat. 119, 
prescribed the general functions of the Secretary of Defense, prior to 
repeal by Pub. L. 85-599, Sec. 3(c), Aug. 6, 1958, 72 Stat. 516. See 
section 113 of this title.


                               Amendments

    1999--Subsec. (d). Pub. L. 106-65 substituted ``Defense'' for 
``Defense--'', struck out par. (1) designation, substituted ``this 
section.'' for ``this section; and'', and struck out par. (2) which read 
as follows: ``shall submit monthly reports to Congress on the estimated 
obligations incurred pursuant to subsections (b) and (c).''
