PRIA, Government Policy, Made Personal

Summary

When a job, duty, or activity moves from one Defense department or agency to another inside the Department of Defense, money and civilian workers can move with it. The Secretary of Defense must find that the available funds are needed. With the President’s approval, those remaining appropriated funds may be moved and used for the same purposes they were originally intended for. The money moved must be put into either the receiving unit’s existing appropriation account or into a new account at the Treasury. The moved money is merged and tracked as one fund. If put in an existing account, it follows the limits on that account. If put in a new Treasury account, it follows the limits on the funds it came from. Civilian employees needed to do the moved work can also be transferred to the receiving department or agency, with the President’s approval. The sending unit’s authorized civilian strength is reduced by the number of people moved, and the receiving unit’s authorized strength is increased by that number.

Title 10, §126

Armed Forces, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 126(a) 126(b)5:172f(a).5:171n(a) (as applicable to 5:172f(a)).5:172f (less (a)).

July 26, 1947, ch. 343, § 407; added Aug. 10, 1949, ch. 412, § 11 (21st and 22d pars.), 63 Stat. 589.

July 26, 1947, ch. 343, § 308(a) (as applicable to § 407), 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).

Editorial Notes

Amendments

1980—Subsec. (b) Pub. L. 96–513 substituted “President” for “Director of the Bureau of the Budget”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment 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.

Executive Documents

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.

§126 Transfer of Funds and Employees