(a) The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one executive agency to another may be transferred to and used—
(1) by the organizational unit or agency to which the function or activity was transferred or assigned; and
(2) for a purpose for which the appropriation was originally available.
(b) The head of the executive agency determines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or activity is within the agency. The President determines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to another.
(c) A balance transferred under this section is—
(1) credited to an applicable existing or new appropriation account;
(2) merged with the amount in an account to which the balance is credited; and
(3) with the amount with which the balance is merged, accounted for as one amount.
(d) New appropriation accounts may be established to carry out subsection (c)(1) of this section.
Open Table| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1531(a), (b) | 31:581c(a)(1st sentence), (b)(1st sentence). | Sept. 12, 1950, ch. 946, §202, 64 Stat. 838. |
| 1531(c), (d) | 31:581c(a)(last sentence), (b)(last sentence). |
In subsections (a) and (b), the defined term "executive agency" in section 102 of the revised title is substituted for "department or establishment" for consistency and clarity.
In subsection (a), the words "organizational unit or agency" are substituted for "agency", and the word "appropriation" is substituted for "said funds", for consistency and clarity.
Subsection (d) is substituted for "which are hereby authorized to be established" because of the restatement.
Statutory Notes and Related Subsidiaries
Prohibition on Transfer of Funds to Other Departments and Agencies
Pub. L. 101–189, div. A, title XVI, §1604, Nov. 29, 1989, 103 Stat. 1598, provided that funds available for military functions of Department of Defense could not be made available to any other department or agency of Federal Government pursuant to a provision of law enacted after Nov. 29, 1989, unless, not less than 30 days before such funds were made available to such other department or agency, Secretary of Defense submitted to congressional defense committees a report describing effect on military preparedness of making such funds available to such department or agency, prior to repeal and restatement in section 2215 of Title 10, Armed Forces, by Pub. L. 103–160, div. A, title XI, §1106(a)(1), (b), Nov. 30, 1993, 107 Stat. 1750.
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