Annual authorization of appropriations
No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for—
procurement of aircraft, missiles, or naval vessels;
any research, development, test, or evaluation, or procurement or production related thereto;
procurement of tracked combat vehicles;
procurement of other weapons;
procurement of naval torpedoes and related support equipment;
military construction;
the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments);
procurement of ammunition; or
other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);
unless funds therefor have been specifically authorized by law.
In subsection (a)(6), the term “military construction” includes any construction, development, conversion, or extension of any kind which is carried out with respect to any military facility or installation (including any Government-owned or Government-leased industrial facility used for the production of defense articles and any facility to which section 2353 of this title applies), any activity to which section 2807 of this title applies, any activity to which chapter 1803 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23. Such term does not include any activity to which section 2821 or 2854 of this title applies.
The size of the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.) may not exceed $2,500,000,000.
Notwithstanding section 37(a) of the Arms Export Control Act (22 U.S.C. 2777(a)), amounts received by the United States pursuant to subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C. 2761(a)(1))—
shall be credited to the Special Defense Acquisition Fund established pursuant to chapter 5 of that Act (22 U.S.C. 2795 et seq.), as authorized by section 51(b)(1) of that Act (22 U.S.C. 2795(b)(1)), but subject to the limitations in paragraphs (1) and (3) and other applicable law; and
to the extent not so credited, shall be deposited in the Treasury as miscellaneous receipts as provided in section 3302(b) of title 31.
Of the amount available in the Special Defense Acquisition Fund in any fiscal year after fiscal year 2016, $500,000,000 may be used in such fiscal year only to procure and stock precision guided munitions that may be required by partner and allied forces to enhance the effectiveness of current or future contributions of such forces to overseas contingency operations conducted or supported by the United States.
Funds may be appropriated for the armed forces for use as an emergency fund for research, development, test, and evaluation, or related procurement or production, only if the appropriation of the funds is authorized by law after
In each budget submitted by the President to Congress under section 1105 of title 31, amounts requested for procurement of equipment for the reserve components of the armed forces (including the National Guard) shall be set forth separately from other amounts requested for procurement for the armed forces.
In each budget submitted by the President to Congress under section 1105 of title 31, amounts requested for procurement of ammunition for the Navy and Marine Corps, and for procurement of ammunition for the Air Force, shall be set forth separately from other amounts requested for procurement.
Source
(Added Pub. L. 93–155, title VIII, § 803(a),Notes
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Historical and Revision Notes |
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1982 Act |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
138(c)(5) | 10:138 (note). | Aug. 5, 1974, Pub. L. 93–365, § 502, 88 Stat. 404. |
138(i) | 10:135 (note). | June 11, 1965, Pub. L. 89–37, § 305, 79 Stat. 128. |
References in Text
Prior Provisions
Amendments
Effective Date of 2016 Amendment
Effective Date of 1996 Amendment
Effective Date of 1982 Amendments
Effective Date of 1981 Amendment
Effective Date of 1980 Amendments
Applicability of Provisions Relating to Funds Not Heretofore Required To Be Authorized
Availability of Appropriations
[Authorized use of appropriated funds for expenses in connection with administration of occupied areas; payment of rewards for information leading to discovery of missing naval property or recovery thereof; payment of deficiency judgments and interests thereon arising out of condemnation proceedings; leasing of buildings and facilities; payments under contracts for maintenance of tools and facilities for twelve months; maintenance of defense access roads; purchase of milk for enlisted personnel; payments under leases for real or personal property, including maintenance; purchase of right-hand-drive vehicles not to exceed $12,000 per vehicle; payment of unusual cost overruns incident to ship overhaul, maintenance, and repair; payments from annual appropriations to industrial fund activities and/or under contract for changes in scope of ship overhaul, maintenance, and repair after expiration of such appropriations; and payments for depot maintenance contracts for twelve months; and was repealed and (except for section 8005(e)) restated in sections 2242(2), 2252, 2253(a)(2), 2389(b), 2410a, 2661(b), and 7313 of this title by Pub. L. 100–370, § 1(e)(1), (h)(1), (2), (l)(3), (n)(1), (p)(3),
[Authorized use of appropriated funds for military courts, boards, and commissions; utility services for buildings erected at private cost and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; and exchange fees, and losses in accounts of disbursing officers or agents; and was repealed and restated in sections 2242(3), 2490, and 2781 of this title by Pub. L. 100–370, § 1(e)(1), (j)(1), (m)(1), (p)(3), July 19, 1988, 102 Stat. 844, 848, 849, 851.]
[Provided for exemption from apportionment requirement; exceptions for cost of airborne alerts and cost of increased military personnel on active duty; and for reports to Congress; and was repealed and restated in section 2201 of this title by Pub. L. 100–370, § 1(d)(1), July 19, 1988, 102 Stat. 841.]
”
[Authorized use of appropriated funds for insurance of official motor vehicles in foreign countries; advance payments for investigations in foreign countries; security guard services for protection of confidential files; and other necessary expenses; and was repealed and restated in sections 2241(b), 2242(1), (4), and 2253(a)(1) of this title by Pub. L. 100–370, § 1(e)(1), (p)(1), July 19, 1988, 102 Stat. 844, 851.]
[Authorized use of appropriated funds for expenses incident to maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status was determined by Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation, and was repealed by Pub. L. 98–525, title XIV, §§ 1403(a)(1), 1404, Oct. 19, 1984, 98 Stat. 2621, effective Oct. 1, 1985. See section 956(5) of this title.]
[Authorized use of appropriated funds for acquisition of certain interests in land, and was repealed and restated in sections 2673 and 2828(h) of this title by Pub. L. 100–370, § 1(l)(1), (2), (p)(1),
[Authorized use of appropriated funds for purchase of household furnishings, and automobiles from military and civilian personnel on duty outside continental United States, for purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of Department of Defense on duty outside continental United States or in Alaska, and was repealed and restated in section 2251 of this title by Pub. L. 100–370, § 1(e)(1), (p)(1), July 19, 1988, 102 Stat. 844, 851.]
[Prohibited use of appropriated funds for payment of costs of advertising by any defense contractor, except advertising for which payment is made from profits, provided exemptions for advertising for personnel recruitment, procurement of scarce required items, and disposal of scrap or surplus materials, and was repealed by Pub. L. 100–370, § 1(p)(1), July 19, 1988, 102 Stat. 851. See section 2324(e)(1)(H) of this title.]
[Authorized use of appropriated funds for operation and maintenance of the active forces for welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public and private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers’ Training Corps and other units at educational institutions was amended by Pub. L. 98–525, title XIV, §§ 1403(a)(2), 1404,
During the current fiscal year and subsequent fiscal years, for the purposes of the appropriation ‘Foreign Currency Fluctuations, Defense’ the foreign currency exchange rates used in preparing budget submissions shall be the foreign currency exchange rates as adjusted or modified, as reflected in applicable Committee reports on this Act.”
Reports
Initial plan on use of authority.—
Before exercising authority for use of amounts in the Special Defense Acquisition Fund in excess of the size of that Fund as of
Quarterly spending plan.—
Not later than 30 days before the beginning of each fiscal year quarter, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a detailed plan for the use of amounts in the Special Defense Acquisition Fund for such fiscal year quarter.
Annual updates.—
Not later than 90 days after the end of each fiscal year, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a report setting forth the inventory of defense articles and services acquired, possessed, and transferred through the Special Defense Acquisition Fund in such fiscal year.
Appropriate committees of congress defined.—
In this subsection, the term ‘appropriate committees of Congress’ has the meaning given that term in section 301(1) of title 10, United States Code (as added by section 1241(a)(3) of this Act).”
Withdrawal of United States Ground Forces From Republic of Bosnia and Herzegovina
WITHDRAWAL OF UNITED STATES GROUND FORCES FROM REPUBLIC OF BOSNIA AND HERZEGOVINA.
Limitation.—
No funds appropriated or otherwise made available for the Department of Defense for fiscal year 1998 or any subsequent fiscal year may be used for the deployment of any United States ground combat forces in the Republic of Bosnia and Herzegovina after
that the continued presence of United States ground combat forces, after
that after
Report.—
The President shall submit with the certification under subsection (a) a report that includes the following:
The reasons why that presence is in the national security interest of the United States.
The number of United States military personnel to be deployed in and around the Republic of Bosnia and Herzegovina and other areas of the former Yugoslavia after that date.
The expected duration of any such deployment.
The mission and objectives of the United States Armed Forces to be deployed in and around the Republic of Bosnia and Herzegovina and other areas of the former Yugoslavia after
The exit strategy of such forces.
The incremental costs associated with any such deployment.
The effect of such deployment on the morale, retention, and effectiveness of United States armed forces.
A description of the forces from other nations involved in a follow-on mission, shown on a nation-by-nation basis.
A description of the command and control arrangement established for United States forces involved in a follow-on mission.
An assessment of the expected threats to United States forces involved in a follow-on mission.
The plan for rotating units and personnel to and from the Republic of Bosnia and Herzegovina during a follow-on mission, including the level of participation by reserve component units and personnel.
The mission statement and operational goals of the United States forces involved in a follow-on mission.
Request for Supplemental Appropriations.—
The President shall transmit to Congress with a certification under subsection (a) a supplemental appropriations request for the Department of Defense for such amounts as are necessary for the costs of any continued deployment beyond
Construction With President’s Constitutional Authority.—
Nothing in this section shall be deemed to restrict the authority of the President under the Constitution to protect the lives of United States citizens.
Construction With Appropriations Provision.—
The provisions of this section are enacted, and shall be applied, as supplemental to (and not in lieu of) the provisions of section 8132 of the Department of Defense Appropriations Act, 1998 (Public Law 105–56) [111 Stat. 1250].
DEFINITIONS.
“As used in this subtitle [subtitle A (§§ 1201–1206) of title XII of div. A of Pub. L. 105–85, enacting this note]:
Dayton peace agreement.—
The term ‘Dayton Peace Agreement’ means the General Framework Agreement for Peace in Bosnia and Herzegovina, initialed by the parties in Dayton, Ohio, on
Implementation force.—
The term ‘Implementation Force’ means the NATO-led multinational military force in the Republic of Bosnia and Herzegovina (commonly referred to as ‘IFOR’), authorized under the Dayton Peace Agreement.
Stabilization force.—
The term ‘Stabilization Force’ means the NATO-led follow-on force to the Implementation Force in the Republic of Bosnia and Herzegovina and other countries in the region (commonly referred to as ‘SFOR’), authorized under United Nations Security Council Resolution 1088 (
Follow-on mission.—
The term ‘follow-on mission’ means a mission involving the deployment of ground elements of the United States Armed Forces in the Republic of Bosnia and Herzegovina after
NATO.—
The term ‘NATO’ means the North Atlantic Treaty Organization.”
Budget Determination by Director of OMB
Classified Annex
Status of Classified Annex.—
The Classified Annex prepared by the committee of conference to accompany the conference report on the bill S. 1438 of the One Hundred Seventh Congress [Pub. L. 107–107] and transmitted to the President is hereby incorporated into this Act [see Tables for classification].
Construction With Other Provisions of Act.—
The amounts specified in the Classified Annex are not in addition to amounts authorized to be appropriated by other provisions of this Act.
Limitation on Use of Funds.—
Funds appropriated pursuant to an authorization contained in this Act that are made available for a program, project, or activity referred to in the Classified Annex may only be expended for such program, project, or activity in accordance with such terms, conditions, limitations, restrictions, and requirements as are set out for that program, project, or activity in the Classified Annex.
Distribution of Classified Annex.—
The President shall provide for appropriate distribution of the Classified Annex, or of appropriate portions of the annex, within the executive branch of the Government.”
Budget Act Limitation
Limitation on Source of Funds for Nicaraguan Democratic Resistance
Use of Appropriated Funds To Support Revenue Generating Activities in Large Metropolitan Areas Prohibited
Transfer of Operation and Maintenance Appropriations Unobligated Balances to Foreign Currency Fluctuations, Defense, Appropriation
Waiver of Applicability of OMB Circular A–76 to Contracting Out of Certain Research and Development Activities
Except as provided in subsection (b), neither the implementing instructions for, nor the provisions of, Office of Management and Budget Circular A–76 (issued on
Funds which under section 138(a)(2) [now 114(a)(2)] of title 10, United States Code, are required to be specifically authorized by law may be obligated or expended for operation or support of installations or equipment used for research and development (including maintenance support of laboratories, operation and maintenance of test ranges, and maintenance of test aircraft and ships) in compliance with the implementing instructions for and the provisions of such Office of Management and Budget Circular.
No law enacted after the date of the enactment of this Act [