10 U.S. Code § 114 - Annual authorization of appropriations
Historical and Revision Notes |
||
---|---|---|
1982 Act |
||
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. |
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.
The Arms Export Control Act, referred to in subsec. (c), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320. Chapter 5 of the Arms Export Control Act is classified generally to subchapter V (§ 2795 et seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.
Provisions similar to those in subsec. (c)(2) of this section were contained in Pub. L. 101–165, title IX, § 9017, Nov. 21, 1989, 103 Stat. 1133, which was set out as a note below, prior to repeal by Pub. L. 101–510, § 1481(a)(2).
Prior similar provisions were contained in Pub. L. 86–149, title IV, § 412, Aug. 10, 1959, 73 Stat. 322, as amended by Pub. L. 87–436, § 2, Apr. 27, 1962, 76 Stat. 55; Pub. L. 88–174, title VI, § 610, Nov. 7, 1963, 77 Stat. 329; Pub. L. 89–37, title III, § 304, June 11, 1965, 79 Stat. 128; Pub. L. 90–168, § 6, Dec. 1, 1967, 81 Stat. 526; Pub. L. 91–121, title IV, § 405, Nov. 19, 1969, 83 Stat. 207; Pub. L. 91–441, title V, §§ 505, 509, Oct. 7, 1970, 84 Stat. 912, 913; Pub. L. 92–129, title VII, § 701, Sept. 28, 1971, 85 Stat. 362; Pub. L. 92–436, title III, § 302, title VI, § 604, Sept. 26, 1972, 86 Stat. 736, 739, prior to repeal by Pub. L. 93–155, § 803(b)(1).
2022—Subsec. (c)(1). Pub. L. 117–263 substituted “$3,500,000,000” for “$2,500,000,000”.
2021—Subsec. (b). Pub. L. 116–283, § 1883(b)(2), substituted “section 4174” for “section 2353”.
Pub. L. 116–283, § 1844(e)(1), which had directed the substitution of “section 4141” for “section 2353”, was repealed by Pub. L. 117–81, § 1701(u)(5)(B).
2017—Subsec. (c)(3). Pub. L. 115–91 substituted “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” for “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”.
2016—Subsec. (c)(1). Pub. L. 114–328, § 1202(a), substituted “$2,500,000,000” for “$1,070,000,000”.
Subsec. (c)(2)(A). Pub. L. 114–328, § 1202(b)(1), substituted “limitations in paragraphs (1) and (3)” for “limitation in paragraph (1)”.
Subsec. (c)(3). Pub. L. 114–328, § 1202(b)(2), added par. (3).
1996—Subsec. (b). Pub. L. 104–106 substituted “chapter 1803” for “chapter 133”.
Subsec. (f). Pub. L. 104–201 added subsec. (f).
1990—Subsec. (c). Pub. L. 101–510 designated existing provisions as par. (1) and added par. (2).
1989—Subsecs. (f), (g). Pub. L. 101–189 struck out subsecs. (f) and (g) which read as follows:
“(f) The amounts of the estimated expenditures and proposed appropriations necessary to support programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress by the President under such section for any fiscal year or years and the amounts specified in all program and budget information submitted to Congress by the Department of Defense in support of such estimates and proposed appropriations shall be mutually consistent unless, in the case of each inconsistency, there is included detailed reasons for the inconsistency.
“(g) The Secretary of Defense shall submit to Congress not later than April 1 of each year, the five-year defense program (including associated annexes) used by the Secretary in formulating the estimated expenditures and proposed appropriations included in such budget to support programs, projects, and activities of the Department of Defense.”
1987—Subsec. (e). Pub. L. 100–26 redesignated subsec. (f) as (e).
Subsec. (f). Pub. L. 100–180 added subsec. (f).
Pub. L. 100–26, § 7(j)(1), redesignated subsec. (f) as (e).
Subsec. (g). Pub. L. 100–180, § 1203, added subsec. (g).
1986—Pub. L. 99–433, § 101(a)(2), renumbered section 138 of this title as this section.
Pub. L. 99–433, § 110(b)(1), struck out “and personnel strengths for the armed forces; annual manpower requirements and operations and maintenance reports” at end of section catchline.
Subsec. (a)(6). Pub. L. 99–433, § 110(b)(3), struck out “(as defined in subsection (f))” after “military construction”.
Subsec. (b). Pub. L. 99–433, § 110(b)(4), (5), (8), redesignated subsec. (f)(1) as (b). Former subsec. (b) redesignated section 115(a) of this title.
Subsec. (c). Pub. L. 99–661, § 1304(a), substituted “$1,070,000,000” for “$1,000,000,000”.
Pub. L. 99–433, § 110(b)(4), (5), (11), redesignated subsec. (g) as (c). Former subsec. (c) redesignated section 115(b) of this title.
Subsec. (d). Pub. L. 99–433, § 110(b)(4), (5), (11), redesignated subsec. (i) as (d). Former subsec. (d) redesignated section 115(c) of this title.
Subsec. (e). Pub. L. 99–433, § 110(b)(6), (7), redesignated subsec. (e) as section 116(a) of this title.
Subsec. (f). Pub. L. 99–661, § 105(d), added subsec. (f).
Subsec. (f)(1). Pub. L. 99–433, § 110(b)(8), redesignated subsec. (f)(1) as (b).
Subsec. (f)(2). Pub. L. 99–433, § 110(b)(9), redesignated subsec. (f)(2) as section 116(b) of this title.
Subsec. (g). Pub. L. 99–433, § 110(b)(11), redesignated subsec. (g) as (c).
Subsec. (h). Pub. L. 99–433, § 110(b)(2), redesignated subsec. (h) as section 113(i) of this title.
Subsec. (i). Pub. L. 99–433, § 110(b)(11), redesignated subsec. (i) as (d).
1985—Subsec. (b)(3). Pub. L. 99–145, § 1208, added par. (3).
Subsec. (g). Pub. L. 99–145, § 1403, substituted “$1,000,000,000” for “$300,000,000 in fiscal year 1982, may not exceed $600,000,000 in fiscal year 1983, and may not exceed $900,000,000 in fiscal year 1984 or any fiscal year thereafter”.
1984—Subsec. (g). Pub. L. 98–525 inserted “(22 U.S.C. 2795 et seq.)”.
1982—Subsec. (c)(1)(A). Pub. L. 97–252, § 402(a), authorized increase in fiscal year end-strength authorizations determined by the Secretary of Defense to be in the national interest.
Subsec. (c)(5). Pub. L. 97–295, § 1(3), added par. (5).
Subsec. (f)(1). Pub. L. 97–214 substituted “, any activity to which section 2807 of this title applies, any activity to which chapter 133 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23” for “but excludes any activity to which section 2673 or 2674, or chapter 133, of this title apply, or to which section 406(a) of Public Law 85–241 (42 U.S.C. 1594i) applies” and inserted provision that “military construction” does not include any activity to which section 2821 or 2854 of this title applies.
Subsec. (g). Pub. L. 97–252, § 1103, limited size of Special Defense Acquisition Fund to $600,000,000 in fiscal year 1983, striking out such sum as a limit in any fiscal year thereafter, and limited size of Fund to $900,000,000 in fiscal year 1984 or any fiscal year thereafter.
Subsec. (h). Pub. L. 97–252, § 1105, added subsec. (h).
Subsec. (i). Pub. L. 97–295, § 1(4), added subsec. (i).
1981—Subsec. (a)(8), (9). Pub. L. 97–86, § 901(a), added pars. (8) and (9).
Subsec. (b). Pub. L. 97–86, § 902, designated existing provisions as par. (1), substituted “authorize the average personnel strength” for “authorize the personnel strength”, and added par. (2).
Subsec. (c)(3)(D)(iii)(I). Pub. L. 97–22 struck out “and active military service” after “active commissioned service”.
Subsec. (c)(4). Pub. L. 97–86, § 903, added par. (4).
Subsec. (e)(3), (4). Pub. L. 97–86, § 302, struck out pars. (3) and (4) which required the Secretary to include in each report a projection of the combat readiness of specified military units proposed to be maintained during the next fiscal year.
Subsec. (g). Pub. L. 97–113 added subsec. (g).
1980—Pub. L. 96–342, § 1001(d)(1), 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 section catchline.
Subsec. (a). Pub. L. 96–342, § 1001(a)(1), (b)(1), in cl. (6) substituted reference to subsec. (f) for reference to subsec. (e), and added cl. (7).
Subsec. (c)(1). Pub. L. 96–513, § 102(a), designated existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (c)(3)(D). Pub. L. 96–513, § 102(b), substituted provisions relating to expanded coverage in the annual report of the Secretary of Defense for provisions under which the report had formerly covered only the estimated requirements in members on active duty during the next fiscal year, the estimated number of commissioned officers in each grade on active duty and to be promoted during the next fiscal year, and an analysis of the distribution by grade of commissioned officers on active duty at the time the report was prepared.
Subsec. (e). Pub. L. 96–342, § 1001(b)(2), (3), added subsec. (e). Former subsec. (e) redesignated (f)(1).
Subsec. (f). Pub. L. 96–513, § 511(4), substituted “(42 U.S.C. 1594i)” for “(71 Stat. 556)” in par. (1), and substituted “In subsection (e)” for “In subsection (f)” in par. (2).
Pub. L. 96–342, § 1001(b)(2), (c), redesignated subsec. (e) as (f), substituted “(1) In subsection (a)(6)” for “For purposes of subsection (a)(6) of this section”, and added par. (2).
1979—Subsec. (c)(3). Pub. L. 96–107 restructured existing provisions into subpars. (A) to (C) with minor changes in phraseology and added subpar. (D).
1976—Subsec. (c)(3). Pub. L. 94–361 required the report to Congress to identify, define, and group by mission and by region the types of military bases, installations, and facilities and to provide an explanation and justification of the relationship between the base structure and the proposed military force structure together with a comprehensive identification of base operating support costs and an evaluation of possible alternatives to reduce the costs.
1975—Subsec. (a)(6). Pub. L. 94–106, § 801(a)(1), added par. (6).
Subsec. (e). Pub. L. 94–106, § 801(a)(2), added subsec. (e).
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Pub. L. 115–91, div. A, title XII, § 1203(b), Dec. 12, 2017, 131 Stat. 1642, provided that:
Pub. L. 114–328, div. A, title XII, § 1202(a), Dec. 23, 2016, 130 Stat. 2474, provided that the amendment made by section 1202(a) is effective as of Oct. 1, 2016.
Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
Pub. L. 97–252, title IV, § 402(b), Sept. 8, 1982, 96 Stat. 725, provided that:
Amendment by Pub. L. 97–214 applicable with respect to funds appropriated for fiscal years beginning after Sept. 30, 1983, see section 12(b) of Pub. L. 97–214, set out as a note under section 2801 of this title.
Pub. L. 97–86, title IX, § 901(b), Dec. 1, 1981, 95 Stat. 1113, provided that:
Amendment by section 102 of Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
Amendment by section 511(4) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513.
Pub. L. 96–342, title X, § 1001(a)(2), Sept. 8, 1980, 94 Stat. 1118, provided that:
Pub. L. 94–106, title VIII, § 801(b), Oct. 7, 1975, 89 Stat. 537, provided that:
Pub. L. 101–165, title IX, § 9017, Nov. 21, 1989, 103 Stat. 1133, which prohibited funding to be used for planning or executing programs which utilized amounts credited to the Department of Defense pursuant to section 2777(a) of Title 22, Foreign Relations and Intercourse, was repealed and restated in subsec. (c)(2) of this section by Pub. L. 101–510, div. A, title XIV, § 1481(a), Nov. 5, 1990, 104 Stat. 1704.
The following general provisions, which had been repeated as fiscal year provisions in prior appropriation acts, were enacted as permanent law in the Department of Defense Appropriations Act, 1986, Pub. L. 99–190, § 101(b) [title VIII, §§ 8005, 8006, 8009], Dec. 19, 1985, 99 Stat. 1185, 1202, 1203, 1204:
[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 [now 10 U.S.C. 3133], 2661(b), and 7313 [now 10 U.S.C. 8683] of this title by Pub. L. 100–370, § 1(e)(1), (h)(1), (2), (l)(3), (n)(1), (p)(3), July 19, 1988, 102 Stat. 844, 847, 849–851. Section 8005(c) was not restated in view of section 2676(e) [now 2664(e)] of this title.]
[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 [now 10 U.S.C. 2868], 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.]
The following general provisions, that had been repeated as fiscal year provisions in prior appropriation acts, were enacted as permanent law in the Department of Defense Appropriation Act, 1984, Pub. L. 98–212, title VII, §§ 705–707, 723, 728, 735, 774, Dec. 8, 1983, 97 Stat. 1437, 1438, 1443, 1444, 1452:
[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), July 19, 1988, 102 Stat. 849, 851.]
[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, Oct. 19, 1984, 98 Stat. 2621, eff. Oct. 1, 1985, and was repealed and restated in sections 2241(a) and 2661(a) of this title by Pub. L. 100–370, § 1(e)(1), (l)(3), (p)(1), July 19, 1988, 102 Stat. 844, 849, 851.]
Pub. L. 114–328, div. A, title XII, § 1202(c), Dec. 23, 2016, 130 Stat. 2474, provided that:
Pub. L. 105–85, div. A, title XII, §§ 1203, 1206, Nov. 18, 1997, 111 Stat. 1929, 1932, provided that:
Pub. L. 102–484, div. D, title XLV, § 4501, Oct. 23, 1992, 106 Stat. 2769, directed that amounts made available under Pub. L. 102–484 for defense programs covered by certain portions of that Act could be obligated for such programs only if expenditures for such programs had been determined by the Director of the Office of Management and Budget to be counted against the defense category of the discretionary spending limits for fiscal year 1993 for purposes of part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), and required the President to submit to Congress a report listing amounts appropriated for fiscal year 1993 for programs that the Director had determined would not classify against the defense category.
Pub. L. 107–107, div. A, title X, § 1002, Dec. 28, 2001, 115 Stat. 1202, provided that:
Similar provisions were contained in the following prior authorization or appropriation acts:
Pub. L. 106–398, § 1 [[div. A], title X, § 1002], Oct. 30, 2000, 114 Stat. 1654, 1654A–245.
Pub. L. 106–65, div. A, title X, § 1002, Oct. 5, 1999, 113 Stat. 732.
Pub. L. 105–261, div. A, title X, § 1002, Oct. 17, 1998, 112 Stat. 2111.
Pub. L. 105–85, div. A, title X, § 1002, Nov. 18, 1997, 111 Stat. 1868.
Pub. L. 104–201, div. A, title X, § 1002, Sept. 23, 1998, 110 Stat. 2631.
Pub. L. 104–106, div. A, title X, § 1002, Feb. 10, 1996, 110 Stat. 414.
Pub. L. 103–337, div. A, title X, § 1003, Oct. 5, 1994, 108 Stat. 2834.
Pub. L. 103–335, title VIII, § 8084, Sept. 30, 1994, 108 Stat. 2637.
Pub. L. 103–160, div. A, title XI, § 1103, Nov. 30, 1993, 107 Stat. 1749.
Pub. L. 103–139, title VIII, § 8108, Nov. 11, 1993, 107 Stat. 1464.
Pub. L. 102–484, div. A, title X, § 1006, Oct. 23, 1992, 106 Stat. 2482.
Pub. L. 102–396, title IX, § 9126, Oct. 6, 1992, 106 Stat. 1931.
Pub. L. 102–190, div. A, title X, § 1005, Dec. 5, 1991, 105 Stat. 1457.
Pub. L. 102–172, title VIII, § 8124, Nov. 26, 1991, 105 Stat. 1206.
Pub. L. 101–511, title VIII, § 8111, Nov. 5, 1990, 104 Stat. 1904.
Pub. L. 101–510, div. A, title XIV, § 1409, Nov. 5, 1990, 104 Stat. 1681.
Pub. L. 99–661, div. A, title XIII, § 1304(b), Nov. 14, 1986, 100 Stat. 3979, provided that:
Pub. L. 99–661, div. A, title XIII, § 1351, Nov. 14, 1986, 100 Stat. 3995, as amended by Pub. L. 104–106, div. A, title X, § 1063(a), Feb. 10, 1996, 110 Stat. 444, provided that:
Pub. L. 99–500, § 101(c) [title IX, § 9102], Oct. 18, 1986, 100 Stat. 1783–82, 1783–118, and Pub. L. 99–591, § 101(c) [title IX, § 9102], Oct. 30, 1986, 100 Stat. 3341–82, 3341–118, which provided that after Sept. 30, 1987, no appropriated funds could be used to support revenue generating morale, welfare, and recreation activities in large metropolitan areas, was repealed by Pub. L. 100–202, § 101(b) [title VIII, § 8099], Dec. 22, 1987, 101 Stat. 1329–43, 1329–78.
Pub. L. 97–377, title I, § 101(c) [title VII, § 791], Dec. 21, 1982, 96 Stat. 1865, which provided that no later than end of second fiscal year following fiscal year for which appropriations for Operation and Maintenance have been made available to Department of Defense, unobligated balances of such appropriations provided for fiscal year 1982 and thereafter could be transferred into appropriation “Foreign Currency Fluctuations, Defense” to be merged with and available for same time period and same purposes as appropriation to which transferred, except that any transfer made pursuant to any use of this authority was limited so that amount in appropriation did not exceed $970,000,000 at time of transfer, was repealed and restated in section 2779(d) of this title by Pub. L. 104–106, div. A, title IX, § 911(b), (d)(2), (f), Feb. 10, 1996, 110 Stat. 406, 407, applicable only with respect to amounts appropriated for a fiscal year after fiscal year 1995.
Pub. L. 96–107, title VIII, § 802, Nov. 9, 1979, 93 Stat. 811, provided that:
Pub. L. 93–365, title V, § 502, Aug. 5, 1974, 88 Stat. 404, which provided that it was the sense of Congress that the Department of Defense use the least costly form of manpower consistent with military requirements and other needs of the Department of Defense, that in developing the annual manpower authorization requests to the Congress and in carrying out manpower policies, the Secretary of Defense was to consider the advantages of converting from one form of manpower to another (military, civilian, or private contract) for the performance of a specified job, and that a full justification of any conversion from one form of manpower to another be contained in the annual manpower requirements report to the Congress required by subsec. (c)(3) of this section, was repealed and restated as subsec. (c)(5) of this section by Pub. L. 97–295, §§ 1(3), 6(b).