CODIFICATION OF CERTAIN RECURRING PROVISIONS OF ANNUAL DEFENSE APPROPRIATIONS ACTS

SEC. 1482. CODIFICATION OF CERTAIN RECURRING PROVISIONS OF ANNUAL DEFENSE APPROPRIATIONS ACTS (a) Notice of Initiation of Special Access Programs.— Section 119 of title 10, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): “(f) A special access program may not be initiated until— “(1) the defense committees are notified of the program; and “(2) a period of 30 days elapses after such notification is received.”. (b) Employment of Aliens.— Section 1584 of title 10, United States Code, is amended by striking out “any expert” and all that follows through “that department” and inserting in lieu thereof “personnel of the Department of Defense”. (c) Procedure for Transfer of Appropriations.— (1) Chapter 131 of such title is amended by inserting after section 2212 the following new section: “§ 2214. Transfer of funds: procedure and limitations “(a) Procedure for Transfer of Funds.— 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 authority104 STAT. 1710 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) Limitations on Programs for Which Authority May Be Used.— 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) Notice to Congress.— The Secretary of Defense shall promptly notify the Congress of each transfer made under such authority to transfer amounts. “(d) Limitations on Requests to Congress for Reprogrammings.— 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.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2212 the following new item: “2214. Transfer of funds: procedure and limitations.”. (d) Effective Date.— The amendments made by this section shall take effect on October 1, 1991.