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Title 10 — Armed ForcesRelease 119-73not60

§2214 Transfer of Funds: Procedure and Limitations

Title 10 › Subtitle Subtitle A— General Military Law › Part IV— SERVICE, SUPPLY, AND PROPERTY › Chapter 131— PLANNING AND COORDINATION › § 2214

Last updated Apr 3, 2026|Official source

Summary

When a law allows the Department of Defense to move money between its working capital funds or between appropriations for military functions (not military construction), the money that is moved becomes part of the receiving fund and can be used for the same purposes and during the same time period as that fund. Money may only be moved to pay for a higher-priority need that was not expected. Money cannot be moved to an item Congress has denied. The Secretary of Defense must tell Congress right away about each transfer. Neither the Secretary of Defense nor a military department secretary may ask Congress to reprogram funds unless it meets those same conditions.

Full Legal Text

Title 10, §2214

Armed Forces — Source: USLM XML via OLRC

(a)Whenever authority is provided in an appropriation Act to transfer amounts in working capital funds or to transfer amounts provided in appropriation Acts for military functions of the Department of Defense (other than military construction) between such funds or appropriations (or any subdivision thereof), amounts transferred under such authority shall be merged with and be available for the same purposes and for the same time period as the fund or appropriations to which transferred.
(b)Such authority to transfer amounts—
(1)may not be used except to provide funds for a higher priority item, based on unforeseen military requirements, than the items for which the funds were originally appropriated; and
(2)may not be used if the item to which the funds would be transferred is an item for which Congress has denied funds.
(c)The Secretary of Defense shall promptly notify the Congress of each transfer made under such authority to transfer amounts.
(d)Neither the Secretary of Defense nor the Secretary of a military department may prepare or present to the Congress, or to any committee of either House of the Congress, a request with respect to a reprogramming of funds—
(1)unless the funds to be transferred are to be used for a higher priority item, based on unforeseen military requirements, than the item for which the funds were originally appropriated; or
(2)if the request would be for authority to reprogram amounts to an item for which the Congress has denied funds.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1991, see section 1482(d) of Pub. L. 101–510, set out as an

Effective Date

of 1990 Amendment note under section 119 of this title. Notification to Congress of Reprogramming Involving Military

Construction

Funds Pub. L. 118–159, div. B, title XXVIII, § 2810, Dec. 23, 2024, 138 Stat. 2252, provided that: “The Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of any reprogramming of funds made available for military

Construction

not later than 14 days after the date of such reprogramming.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 2214

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60