US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 2201

Apportionment of funds: authority for exemption; excepted expenses

(a)

Exemption From Apportionment Requirement .—

section 1512 of title 31If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of 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 6301(a) and (b)(1)–(3) of title 41.
(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 6301(a) and (b)(1)–(3) of title 41.
(d)

Notification to Congress .—

The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.

Pub. L. 100–370, § 1(d)(1)(A)102 Stat. 841Pub. L. 106–65, div. A, title X, § 1032(a)(1)113 Stat. 751Pub. L. 111–350, § 5(b)(4)124 Stat. 3842(Added , , ; amended , , ; , , .)

Historical and Revision Notes

Pub. L. 99–190, § 101(b) [title VIII, § 8009]99 Stat. 1185Section is based on , , , 1204.

Public Law 99–433Public Law 99–190section 2201 of title 10section 7313(a) of title 10In 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 (), 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 (), enacted , which would be codified as (by section 1(d) of the bill) and (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.

Editorial Notes

Prior Provisions

act Aug. 10, 1956, ch. 104170A Stat. 119Pub. L. 85–599, § 3(c)72 Stat. 516section 113 of this titleA prior section 2201, , , prescribed the general functions of the Secretary of Defense, prior to repeal by , , . See .

Amendments

Pub. L. 111–350, § 5(b)(4)(A)41 U.S.C. 11(a)2011—Subsec. (b). , substituted “section 6301(a) and (b)(1)–(3) of title 41” for “section 3732(a) of the Revised Statutes ()”.

Pub. L. 111–350, § 5(b)(4)(B)41 U.S.C. 11(a)Subsec. (c). , substituted “section 6301(a) and (b)(1)–(3) of title 41” for “section 3732(a) of the Revised Statutes ()”.

Pub. L. 106–651999—Subsec. (d). 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).”