---
kind: "section"
citation: "10 U.S.C. § 2214"
title: "10"
title_heading: "Armed Forces"
number: "2214"
heading: "Transfer of funds: procedure and limitations"
release: "119-102"
url: "https://uscodex.org/usc/10/2214"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 131 — Planning and Coordination"
---

# §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](/usc/10/2871.md?p=6) or to transfer amounts provided in appropriation Acts for military functions of the [Department](/usc/10/101.md?p=a-6) of Defense (other than military construction) between such [funds](/usc/10/2871.md?p=6) 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](/usc/10/2871.md?p=6) 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](/usc/10/2871.md?p=6) for a higher priority item, based on unforeseen military requirements, than the items for which the [funds](/usc/10/2871.md?p=6) were originally appropriated; and
  - (2) may not be used if the item to which the [funds](/usc/10/2871.md?p=6) would be transferred is an item for which Congress has denied [funds](/usc/10/2871.md?p=6).
- (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](/usc/10/101.md?p=a-6) 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](/usc/10/2871.md?p=6)—
  - (1) unless the [funds](/usc/10/2871.md?p=6) to be transferred are to be used for a higher priority item, based on unforeseen military requirements, than the item for which the [funds](/usc/10/2871.md?p=6) 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](/usc/10/2871.md?p=6).

## Source credit

(Added Pub. L. 101–510, div. A, title XIV, § 1482(c)(1), Nov. 5, 1990, 104 Stat. 1709.)

## Notes

### 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.”