§ 114. Annual authorization of appropriations
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(a)No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for—
(1)procurement of aircraft, missiles, or naval vessels;
(2)any research, development, test, or evaluation, or procurement or production related thereto;
(3)procurement of tracked combat vehicles;
(4)procurement of other weapons;
(5)procurement of naval torpedoes and related support equipment;
(6)military construction;
(7)the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments);
(8)procurement of ammunition; or
(9)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.
(b)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 4174 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.
(1)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 $3,500,000,000.
(2)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))—
(A)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
(B)to the extent not so credited, shall be deposited in the Treasury as miscellaneous receipts as provided in section 3302(b) of title 31.
(3)Of the amount of annual obligations from the Special Defense Acquisition Fund in each of fiscal years 2018 through 2022, not less than 20 percent shall be for funds 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.
(d)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 June 30, 1966.
(e)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.
(f)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.
(Added Pub. L. 93–155, title VIII, § 803(a), Nov. 16, 1973, 87 Stat. 612, § 138; amended Pub. L. 94–106, title VIII, § 801(a), Oct. 7, 1975, 89 Stat. 537; Pub. L. 94–361, title III, § 302, July 14, 1976, 90 Stat. 924; Pub. L. 96–107, title III, § 303(b), Nov. 9, 1979, 93 Stat. 806; Pub. L. 96–342, title X, § 1001(a)(1), (b)–(d)(1), Sept. 8, 1980, 94 Stat. 1117–1119; Pub. L. 96–513, title I, § 102, title V, § 511(4), Dec. 12, 1980, 94 Stat. 2840, 2920; Pub. L. 97–22, § 2(b), July 10, 1981, 95 Stat. 124;
Pub. L. 97–86, title III, § 302, title IX, §§ 901(a), 902, 903, Dec. 1, 1981, 95 Stat. 1104, 1113, 1114; Pub. L. 97–113, title I, § 108(b), Dec. 29, 1981, 95 Stat. 1524; Pub. L. 97–214, § 4, July 12, 1982, 96 Stat. 170; Pub. L. 97–252, title IV, § 402(a), title XI, §§ 1103, 1105, Sept. 8, 1982, 96 Stat. 725, 738, 739; Pub. L. 97–295, § 1(3), (4), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98–525, title XIV, § 1405(2), Oct. 19, 1984, 98 Stat. 2621; Pub. L. 99–145, title XII, § 1208, title XIV, § 1403, Nov. 8, 1985, 99 Stat. 723, 743; renumbered § 114 and amended Pub. L. 99–433, title I, §§ 101(a)(2), 110(b)(1)–(9), (11), Oct. 1, 1986, 100 Stat. 994, 1001, 1002;
Pub. L. 99–661, div. A, title I, § 105(d), title XIII, § 1304(a), Nov. 14, 1986, 100 Stat. 3827, 3979; Pub. L. 100–26, § 7(j)(1), Apr. 21, 1987, 101 Stat. 282; Pub. L. 100–180, div. A, title XII, § 1203, Dec. 4, 1987, 101 Stat. 1154; Pub. L. 101–189, div. A, title XVI, § 1602(b), Nov. 29, 1989, 103 Stat. 1597; Pub. L. 101–510, div. A, title XIV, § 1481(a)(1), Nov. 5, 1990, 104 Stat. 1704; Pub. L. 104–106, div. A, title XV, § 1501(c)(2), Feb. 10, 1996, 110 Stat. 498; Pub. L. 104–201, div. A, title X, § 1005, Sept. 23, 1996, 110 Stat. 2632;
Pub. L. 114–328, div. A, title XII, § 1202(a), (b), Dec. 23, 2016, 130 Stat. 2474; Pub. L. 115–91, div. A, title XII, § 1203(a), Dec. 12, 2017, 131 Stat. 1642; Pub. L. 116–283, div. A, title XVIII, §§ 1844(e)(1), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4246, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B), Dec. 27, 2021, 135 Stat. 2154; Pub. L. 117–263, div. A, title XVII, § 1702, Dec. 23, 2022, 136 Stat. 2966.)
In subsection (c)(5), the words “It is the sense of Congress that” are omitted as unnecessary. The words “Secretary of Defense” are substituted for “Department of Defense” the first time it appears because the responsibility is in the head of the agency. The word “Therefore” is omitted as surplus. The word “complete” is substituted for “full”, and the word “personnel” is substituted for “manpower” except in the phrase “manpower requirements”, for consistency.
In subsection (i), the words “may be . . . only if” are substituted for “No . . . may be . . . unless” to use the positive voice. The words “after June 30, 1966” are substituted for “after that date” for clarity.
Connections56 cite this · traces to 29
Cited by 56 sections · top 39
public-private-law
U.S. Code
- § 113Secretary of Defense
- § 114Transportation Security Administration
- § 2753Eligibility for defense services or defense articles
- § 2795Fund
- § 138Assistant Secretaries of Defense
- § 4205Weapon systems for which procurement funding requested in budget: development and procurement schedules
- § 441Establishment
- § 2421fSustainability requirements for certain capital projects in connection with overseas contingency operations
- § 2561Humanitarian assistance
- § 2608Acceptance of contributions for defense programs, projects, and activities; Defense Cooperation Account
- § 2779Use of funds because of fluctuations in currency exchange rates of foreign countries
- § 116Annual operations and maintenance report
- § 113aTransmission of annual defense authorization request
statutes-at-large
- Public Law 100–370To amend title 10, United States Code, to codify in that title certain defense-related permanent free-standing provisions of law
- Public Law 107–107To authorize appropriations for fiscal year 2002 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 104–106To authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to reform acquisition laws and informa
- Public Law 99–661To authorize appropriations for fiscal year 1987 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to improve the defense acquisition pro
- Public Law 99–433To reorganize the Department of Defense and strengthen civilian authority in the Department of Defense, to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense, to place clear responsibility on the commanders of the unified and specified
- Public Law 101–510To authorize appropriations for fiscal year 1991 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 105–85To authorize appropriations for fiscal year 1998 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 102–484To authorize appropriations for fiscal year 1993 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to provide for defense conversion, and
- Public Law 106–65To authorize appropriations for fiscal year 2000 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 114–328To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 104–201To authorize appropriations for fiscal year 1997 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 100–201To authorize the acceptance of a donation of land for addition to Big Bend National Park, in the State of Texas
- Public Law 102–190To authorize appropriations for fiscal years 1992 and 1993 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes
- Public Law 115–91To authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 102–396Making appropriations for the Department of Defense for the fiscal year ending September 30, 1993, and for other purposes
- Public Law 102–172Making appropriations for the Department of Defense for the fiscal year ending September 30, 1992, and for other purposes
- Public Law 117–81To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 105–261To authorize appropriations for fiscal year 1999 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
statute-compilations
- Sec. 1203OBLIGATION OF FUNDS IN SPECIAL DEFENSE ACQUISITION FUND FOR PRECISION GUIDED MUNITIONS
- Sec. 1701TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS RELATED TO TITLE XVIII OF THE FISCAL YEAR 2021 NDAA
- Sec. 8084**[**[10 U.S.C. 114](/us/usc/t10/s114) nt**]**
- Sec. 1202SPECIAL DEFENSE ACQUISITION FUND MATTERS
register
Traces to 29 documents
U.S. Code
- Contracts: acquisition, construction, or furnishing of test facilities and equipment§ 4174
- Architectural and engineering services and construction design§ 2807
- Defense access roads§ 210
- Fund§ 2795
- Fiscal provisions relating to foreign military sales credits§ 2777
- Sales from stocks§ 2761
- Custodians of money§ 3302
- Budget contents and submission to Congress§ 1105
- Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy§ 2751
- Assistant Secretaries of Defense§ 138
- Personnel strengths: requirement for annual authorization§ 115
- Annual operations and maintenance report§ 116
- Secretary of Defense§ 113
- Defense acquisition system; element of the defense acquisition system§ 3001
- Scope of chapter; definitions§ 2801
- Definitions§ 101
- Apportionment of funds: authority for exemption; excepted expenses§ 2201
- Deserters, prisoners, members absent without leave: expenses and rewards§ 956
- Household furnishings and other property: personnel outside the United States or in Alaska or Hawaii§ 2251
- Specific costs not allowable§ 3744
- Definitions§ 301
- Statement of budget enforcement through sequestration; definitions§ 900
- Budget-related legislation not subject to appropriations§ 651
- Use of funds because of fluctuations in currency exchange rates of foreign countries§ 2779
public-private-law
- National Defense Authorization Act for Fiscal Year 2017Public Law 114-328
- National Defense Authorization Act for Fiscal Year 2018Public Law 115-91
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021Public Law 116-283
- National Defense Authorization Act for Fiscal Year 2022Public Law 117-81
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023Public Law 117-263
212 references not yet in our index
- Pub. L. 93–155, title VIII, § 803(a)
- 87 Stat. 612
- Pub. L. 94–106, title VIII, § 801(a)
- 89 Stat. 537
- Pub. L. 94–361, title III, § 302
- 90 Stat. 924
- Pub. L. 96–107, title III, § 303(b)
- 93 Stat. 806
- Pub. L. 96–342, title X, § 1001(a)(1)
- 94 Stat. 1117–1119
- Pub. L. 96–513, title I, § 102
- 94 Stat. 2840
- Pub. L. 97–22, § 2(b)
- 95 Stat. 124
- Pub. L. 97–86, title III, § 302
- 95 Stat. 1104
- Pub. L. 97–113, title I, § 108(b)
- 95 Stat. 1524
- Pub. L. 97–214, § 4
- 96 Stat. 170
- Pub. L. 97–252, title IV, § 402(a)
- 96 Stat. 725
- Pub. L. 97–295, § 1(3)
- 96 Stat. 1289
- Pub. L. 98–525, title XIV, § 1405(2)
- 98 Stat. 2621
- Pub. L. 99–145, title XII, § 1208
- 99 Stat. 723
- Pub. L. 99–433, title I
- 100 Stat. 994
- Pub. L. 99–661, div. A, title I, § 105(d)
- 100 Stat. 3827
- Pub. L. 100–26, § 7(j)(1)
- 101 Stat. 282
- Pub. L. 100–180, div. A, title XII, § 1203
- 101 Stat. 1154
- Pub. L. 101–189, div. A, title XVI, § 1602(b)
- 103 Stat. 1597
- Pub. L. 101–510, div. A, title XIV, § 1481(a)(1)
- 104 Stat. 1704
+ 172 more
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§ 114
Annual authorization of appropriations
Stat.×29
U.S.C.×17
Stat. Comp.×5
Pub. L.×4
Fed. Reg.×1
Pub. L.Pub. L. 93–155, title VIII, § 803(a)
Stat.87 Stat. 612
Pub. L.Pub. L. 94–106, title VIII, § 801(a)
Cites 241 · showing 12Cited by 56 across 5 sources