125.

126.

administration

Suspension of certain provisions of law relating to reserve commissioned officers. Combatant commands: establishment; composition; functions; and support. Functions, powers, and duties: transfer, reassignment, consolidation, or abolition. Transfer of funds and employees.

§ 123. Suspension of certain provisions of law relating to reserve commissioned officers

(a) In time of war, or of national emergency declared by Congress, the President may suspend the operation of any provision of the following sections of this title with respect to any armed force: 281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence), 3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3375, 3378, 3380, 3382, 3383, 3384, 3385, 3386, 3388, 3389, 3390, 3392, 3393, 3819, 3820(c), 3843, 3844, 3845, 3846, 3848, 3850, 3851, 3852, 3853, 3854, 3855, 5414, 5457, 5458, 5506, 5600, 5665, 5891, 5892, 5893, 5894, 5895, 5896, 5897, 5898, 5899, 5900, 5901, 5902, 5903, 5904, 5905, 5906, 5908, 5909, 5910, 5911, 6389, 6391, 6397, 6403, 6410, 8217, 8218, 8219, 8353, 8354, 8358, 8359, 8360, 8361, 8362, 8363, 8365, 8366, 8367, 8368, 8371, 8372, 8373, 8374, 8375, 8376, 8377, 8378, 8379, 8380, 8381, 8392, 8393, 8819, 8843, 8844, 8845, 8846, 8848, 8850, 8851, 8852, 8853, and 8855.

(b) If a provision is so suspended, the Secretary of Defense shall, before the end of that suspension, recommend to Congress legislation necessary to adjust the grades of reserve commissioned officers other than commissioned warrant officers. So far as practicable, this legislation shall be the same as that recommended for adjusting the grades of officers of the regular component of the armed force concerned. (Added Pub. L. 85-861, § 1(2)(A), Sept. 2, 1958, 72 Stat. 1437, and amended Pub. L. 86-559, § 1(1), June 30, 1960, 74 Stat. 264; Pub. L. 89-718, § 1, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90-130, § 1(1), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96-513, title V, §§ 501(3), 511(1), Dec. 12, 1980, 94 Stat. 2907, 2920; Pub. L. 97-22, § 10(b)(1), July 10, 1981, 95 Stat. 137.)

1967-Subsec. (a). Pub. L. 90-130 eliminated reference to section 3391.

1966-Subsec. (a). Pub. L. 89-718 struck out reference to section 5907 of this title.

1960-Subsec. (a). Pub. L. 86-559 added references to sections 281, 3855, and 8855 and eliminated references to sections 3841, 3842, 3849, 8841, 8842, and 8849.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 10(b) of Pub. L. 97-22 provided in part that the amendment by Pub. L. 97-22 is effective Sept. 15, 1981.

EFFECTIVE DATE OF 1980 Amendment Amendment by section 501(3) of Pub. L. 96-513 striking out references to sections 3571, 5867, and 8571 effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.

Amendment by section 511(1) of Pub. L. 96-513 striking out references to sections 3847, 8370, and 8847 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513.

SAVINGS PROVISIONS; SUPERSESSION OF INCONSISTENT LAWS; REFERENCES TO AND ACTIONS UNDER PROVISIONS RESTATED BY PUB. L. 89-718

Section 74 of Pub. L. 89-718 provided that:

"(a) Laws becoming effective after June 1, 1965, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency.

"(b) References made by other laws, regulations, and orders to the laws restated by this Act shall be considered to be made to the corresponding provisions of this Act.

"(c) Actions taken under the laws restated by this Act shall be considered to have been taken under the corresponding provisions of this Act."

DELEGATION OF FUNCTIONS

Functions of the President under this section delegated to the Secretary of Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. § 124. Combatant commands: establishment; composition; functions; administration and support

(a) With the advice and assistance of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall—

(1) establish unified combatant commands or specified combatant commands to perform military missions; and

(2) shall prescribe the force structure of those commands.

(b) The military departments shall assign forces to combatant commands established under this section to perform the missions of those commands. A force so assigned is under the full operational command of the commander of the command to which it is assigned. It may be transferred from the command to which it is assigned only by authority of the Secretary and under procedures prescribed by the Secretary with the approval of the President. A force not so assigned, remains, for all purposes, in the military department concerned.

(c) Combatant commands established under this section are responsible to the President and to the Secretary for such military missions as may be assigned to them by the Secretary with the approval of the President.

(d) Subject to the authority, direction, and control of the Secretary, each military depart

In subsection (a), the following substitutions are made: "to perform" in place of "for the performance of" and "prescribe" in place of "determine".

In subsection (b), the first sentence is substituted for 5 U.S.C. 171a(j) (last 42 words of 1st sentence).

In subsection (d), the words "The Secretary shall assign the responsibility" are substituted for the words "The responsibility . . . shall be vested. may be directed by the Secretary of Defense".

CROSS REFERENCES

...

as

Air Force Chief of Staff, supervision over members and organizations of Air Force, see section 8034 of this title.

Army Chief of Staff, supervision over members and organizations of Army, see section 3034 of this title.

Chief of Naval Operations, supervision over members and organizations, of Navy and Marine Corps, see section 5081 of this title.

Commandant of Marine Corps, supervision over members and organizations of Marine Corps and Navy, see section 5201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3034, 5081, 5201, 8034 of this title.

§ 125. Functions, powers, and duties: transfer, reassignment, consolidation, or abolition

(a) Subject to section 401 of title 50, the Secretary of Defense shall take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to provide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. However, except as provided by subsections (b) and (c), a function, power, or duty vested in the Department of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abolished unless the Secretary reports the details of the proposed transfer, reassignment, consolidation, or abolition to the Committees on Armed Services of the Senate and House of Representatives. The transfer, reassignment, consolidation, or abolition concerned takes effect on the first day after the expiration of the first 30 days that Congress is in continuous session after the Secretary so re

Committees,

ports, unless either of those within that period, reports a resolution recommending that the proposed transfer, reassignment, consolidation, or abolition be rejected by the Senate or the House of Representatives, as the case may be, because it

(1) proposes to transfer, reassign, consolidate, or abolish a major combatant function, power, or duty assigned to the Army, Navy, Air Force, or Marine Corps by section 3062(b), 5012, 5013, or 8062(c) of this title; and

(2) would, in its judgment, tend to impair the defense of the United States.

If either of those Committees, within that period, reports such a resolution and it is not adopted by the Senate or the House of Representatives, as the case may be, within the first 40 days that Congress is in continuous session after that resolution is so reported, the transfer, reassignment, consolidation, or abolition concerned takes effect on the first day after the expiration of that forty-day period. For the purposes of this subsection, a session may be considered as not continuous only if broken by an adjournment of Congress sine die. However, in computing the period that Congress is in continuous session, days that the Senate or the House of Representatives is not in session because of an adjournment of more than three days to a day certain are not counted.

(b) Notwithstanding subsection (a), if the President determines it to be necessary because of hostilities or an imminent threat of hostilities, any function, power, or duty, including one assigned to the Army, Navy, Air Force, or Marine Corps by section 3062(b), 5012, 5013, or 8062(c) of this title, may be transferred, reassigned, or consolidated. The transfer, reassignment, or consolidation remains in effect until the President determines that hostilities have terminated or that there is no longer an imminent threat of hostilities, as the case may be.

(c) Notwithstanding subsection (a), the Secretary of Defense may assign or reassign the development and operational use of new weapons or weapons systems to one or more of the military departments or one or more of the armed forces. However, notwithstanding any other provision of this title or any other law, the Secretary of Defense shall not direct or approve a plan to initiate or effect a substantial reduction or elimination of a major weapons system until the Secretary of Defense has reported all the pertinent details of the proposed action to the Congress of the United States while the Congress is in session.

(d) In subsection (a)(1), “major combatant function, power, or duty" does not include a supply or service activity common to more than one military department. The Secretary of Defense shall, whenever he determines it will be more effective, economical, or efficient, provide for the performance of such an activity by one agency or such other organizations as he considers appropriate.

(Added Pub. L. 87-651, title II, § 201(a), Sept. 7, 1962, 76 Stat. 515, and amended Pub. L. 89-501, title IV, § 401, July 13, 1966, 80 Stat. 278.)

Revised section

125(a)

125(b).

125(c).. 125(d)

HISTORICAL AND REVISION NOTES

Source (U.S. Code)

..... 5:171a(c)(1), (2). 5:171n(a) (as applicable to 5:171a(c)(1)). 5:171a(c)(5). 5:171n(a) (as applicable to 5:171a(c)(5)). 5:171a(c)(4). 5:171a(c)(6).

5:171n(a) (as applicable to 5:171a(c)(6)).

Source (Statutes at Large)

July 26, 1947, ch. 343, § 202(c)(1), (2), (4), (5), (6); added Aug. 10, 1949, ch. 412, § 5(3d, 4th, 6th, 7th, and 8th pars.); restated Aug. 6, 1958, Pub. L. 85-599, § 3(a), (1st, 2d, 5th. 6th, and 7th pars.), 72 Stat. 514, 515. July 26, 1947, ch. 343. § 308(a) (as applicable to § 202(c)(1), (5), (6)), 61 Stat. 509.

In subsection (a), the following substitutions are made: "Except as provided by subsections (b) and (c)" for "except as otherwise provided in this subsection"; "vested... by law" for "established by law to be performed by"; "recommending" for "stating"; "proposes" for "contemplates"; and "the period" for "the thirty-day period or the forty-day period". The words "on the first day after" are inserted for clarity. The words "if carried out" are omitted as surplusage.

In subsection (b), the words "Notwithstanding subsection (a)" are substituted for the words "Notwithstanding other provisions of this subsection"; and "Unless the President determines otherwise" for "subject to the determination of the President".

In subsection (c), the following substitutions are made: "Notwithstanding subsection (a)" for "Notwithstanding the provisions of paragraph (1) hereof"; and "armed forces" for "services".

In subsection (d), the following substitutions are made: "In subsection (a) (1)” for "within the meaning of paragraph (1) hereof"; and "considers" for "deems". The words "advantageous to the Government in terms of" are omitted as surplusage.

Section 303 of Pub. L. 87-651 provided that:

"(a) For the purposes of this section, any resolution reported to the Senate or the House of Representatives pursuant to the provisions of section 125 of title 10, United States Code, shall be treated for the purpose of consideration by either House, in the same manner as a resolution with respect to a reorganization plan reported by a committee within the meaning of the Reorganization Act of 1949 as in effect on July 1, 1958 (5 U.S.C. 133z and the following) [63 Stat. 203; 71 Stat. 6111, and shall be governed by the provisions applicable to the consideration of any such resolution by either House of the Congress as provided by sections 205 and 206 of that Act [63 Stat. 207].

"(b) The provisions of this section are enacted by the Congress

"(1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, and supersede other rules only to the extent that they are inconsistent therewith; and

"(2) with full recognition of the constitutional right of either House to change the rules (as far as relating to the procedure in that House) at any time,

in the same manner and to the same extent as in the case of any other rule of that House."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 133 of this title.

§ 126. Transfer of funds and employees

(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.

Executive department.
Seal.

Secretary of Defense: appointment; powers and duties; delegation by.

Secretary of Defense: annual report on North Atlantic Treaty Organization readi

ness.

Sale or transfer of defense articles: reports to Congress.

Deputy Secretary of Defense: appointment; powers and duties; precedence.

Under Secretaries of Defense: appointment; powers and duties; precedence.

Assistant Secretaries of Defense: appointment; powers and duties; precedence. General Counsel: appointment; powers and duties.

Annual authorization of appropriations and personnel strengths for the armed forces; annual manpower requirements and operations and maintenance reports. Secretary of Defense: weapons development and procurement schedules for armed forces; reports; supplemental reports. Oversight of cost growth in major programs: Selected Acquisition Reports.

Oversight of cost growth in major programs: unit cost reports.

Emergencies and extraordinary expenses.

Secretary of Defense: funds transfers for foreign cryptologic support.

Prohibition of certain civilian personnel management constraints.

AMENDMENTS

1982-Pub. L. 97-295, § 1(2)(B), Oct. 12, 1982, 96 Stat. 1288, added items 133a and 133b.

Pub. L. 97-252, title XI, § 1107(a)(2), Sept. 8, 1982, 96 Stat. 745, added items 139a and 139b.

1981-Pub. L. 97-86, title IX, § 904(b), Dec. 1, 1981, 95 Stat. 1114, added item 140b.

1980-Pub. L. 96-450, title IV, § 401(b), Oct. 14, 1980, 94 Stat. 1977, added item 140a.

Pub. L. 96-342, title X, § 1001(d)(2), Sept. 8, 1980, 94 Stat. 1119, substituted "Annual authorization of appropriations and personnel strengths for the armed forces; annual manpower requirements and operations and maintenance reports" for "Secretary of Defense: Annual authorization of appropriations for armed forces" in item 138.

1977-Pub. L. 95-140, §§ 1(b), 2(b), Oct. 21, 1977, 91 Stat. 1172, 1173, substituted "Deputy Secretary" for "Deputy Secretaries" in item 134 and "Under Secretaries of Defense" for "Director of Defense Research and Engineering" in item 135.

1975-Pub. L. 94-106, title VIII, § 804(a), Oct. 7, 1975, 89 Stat. 538, added item 140.

1973-Pub. L. 93-155, title VIII, § 803(a), Nov. 16, 1973, 87 Stat. 612, added items 138 and 139.

1972-Pub. L. 92-596, § 4(3), Oct. 27, 1972, 86 Stat. 1318, substituted "Deputy Secretaries" for "Deputy Secretary" in item 134.

The words "There is established", in 5 U.S.C. 171(a), are omitted as executed. 5 U.S.C. 171(b) (1st 26 words) is omitted as covered by the definitions of "department" and "military departments" in section 101(5) and (7), respectively, of this title. 5 U.S.C. 171(b) (27th through 49th words) is omitted as executed. 5 U.S.C. 171(b) (last 18 words) is omitted as surplusage.

SAVINGS AND SeparabilitY PROVISIONS Section 306 of Pub. L. 87-651 provided that: "(a) Laws becoming effective after January 9, 1962, that are inconsistent with this Act [enacting sections 124 to 126, 131 to 137, 687, 718, 1168, 1580, 2203 to 2211, 2358, 2634, 2679, 2680, 2681, 2734a, 2734b, 3010 and 8010 of this title, amending sections 141, 280, 674, 802, 1006, 1163, 1201 to 1203, 1211, 1218, 1219, 1334, 1405, 1553, 1554, 2276, 2633, 2672, 2674, 3012, 3034, 3853, 4337, 4621, 5011, 5031, 5081, 5082, 5201, 6033, 6148, 6954, 7230, 8012, 8034, 8352, 8991, 9337 and 9621 of this title, and section 454 of Title 50, War and National Defense, repealing sections 1220, 4023, 4748, 6157, 9023 and 9748 of this title, sections 171, 171a, 171a-1, 171c, 171c-2, 171d, 171m-1, 171n (partial), 1712-1, 172, 172b 172h and 174d of former Title 5, section 471a of Title 14, Coast Guard, sections 2241-2 to 2241-5 of former Title 31, and section 1016 of Title 50, and enacting provisions set out as notes under this section and sections 125, 687, 1334 and 5034 of this title] shall be considered as superseding it to the extent of the inconsistency.

"(b) References made by other laws, regulations and orders to the laws shall be considered to be made to the corresponding provisions of this Act.

"(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of this Act.

"(d) The enactment of this Act, except section 108 [amending section 1334 of this title], does not increase or decrease the pay or allowances, including retired and retainer pay, of any person."

READINESS STATUS OF MILITARY FORCES OF THE NORTH ATLANTIC TREATY ORGANIZATION; ASSESSMENT, FINDINGS, AND REPORT TO CONGRESSIONAL COMMITTEES

Pub. L. 96-107, title VIII, § 808, Nov. 9, 1979, 93 Stat. 814, which had directed the Secretary of Defense to report annually to Congress on the readiness of the military forces of NATO, was repealed by Pub. L. 97-295, § 6(b), Oct. 12, 1982, 96 Stat. 1314. See section 133a of this title.

DEFENSE MANPOWER COMMISSION

Pub. L. 93-155, title VII, §§ 701 to 708, Nov. 16, 1973, 87 Stat. 609 to 611, established the Commission; provided for its composition, duties, powers, compensation, staff, appropriations, and use of the General Services Administration; and directed that interim reports to the President and to Congress be submitted and that the Commission terminate 60 days after its final report which was to be submitted not more than 24 months after the appointment of the Commission.

AIR FORCE RESERVE AND AIR NATIONAL GUARD OF UNITED STATES; STUDY AND INVESTIGATION OF RELATIVE STATUS; ADVANTAGES AND DISADVANTAGES OF ALTERNATIVES; MODERNIZATION AND MANPOWER NEEDS; REPORT TO PRESIDENT AND CONGRESS

Pub. L. 93-155, title VIII, § 810, Nov. 16, 1973, 87 Stat. 618, directed the Secretary of Defense to study the relative status of the Air Force Reserve and the Air National Guard of the United States; to measure the effects on costs and combat capability as well as other advantages and disadvantages of (1) merging the Reserve into the Guard, (2) merging the Guard into the Reserve, and (3) retaining the status quo; and to consider the modernization needs and manpower problems of both; and also directed that a report of such study be submitted to the President and to the Congress no later than Jan. 31, 1975.

Ex. ORD. No. 12049. DEFENSE ECONOMIC ADJUSTMENT PROGRAMS

Ex. Ord. No. 12049, Mar. 27, 1978, 43 F.R. 13363, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me as President by the Constitution of the United States of America, in order to provide coordinated Federal economic adjustment assistance necessitated by changes in Department of Defense activities, it is hereby ordered as follows:

SECTION 1. Functions of the Secretary of Defense (a) The Secretary shall, through the Economic Adjustment Committee, design and establish an Economic Adjustment Program to assist in the alleviation of serious economic and social impacts that result from major Defense realignments. The program shall provide for:

1. Identification of Defense-related impact problems of States, metropolitan areas, or communities that require assistance.

2. Preparation of development strategies and action plans to coordinate Federal, State and local economic adjustment efforts.

3. Strengthened and uniform economic impact analysis and analysis of community requirements for Fed