
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1002]
[CITE: 10USC114]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                    CHAPTER 2--DEPARTMENT OF DEFENSE
 
Sec. 114. Annual authorization of appropriations

    (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 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.
    (c)(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 $1,070,000,000.
    (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 limitation in paragraph (1) 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.

    (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, Sec. 803(a), Nov. 16, 1973, 87 Stat. 
612, Sec. 138; amended Pub. L. 94-106, title VIII, Sec. 801(a), Oct. 7, 
1975, 89 Stat. 537; Pub. L. 94-361, title III, Sec. 302, July 14, 1976, 
90 Stat. 924; Pub. L. 96-107, title III, Sec. 303(b), Nov. 9, 1979, 93 
Stat. 806; Pub. L. 96-342, title X, Sec. 1001(a)(1), (b)-(d)(1), Sept. 
8, 1980, 94 Stat. 1117-1119; Pub. L. 96-513, title I, Sec. 102, title V, 
Sec. 511(4), Dec. 12, 1980, 94 Stat. 2840, 2920; Pub. L. 97-22, 
Sec. 2(b), July 10, 1981, 95 Stat. 124; Pub. L. 97-86, title III, 
Sec. 302, title IX, Secs. 901(a), 902, 903, Dec. 1, 1981, 95 Stat. 1104, 
1113, 1114; Pub. L. 97-113, title I, Sec. 108(b), Dec. 29, 1981, 95 
Stat. 1524; Pub. L. 97-214, Sec. 4, July 12, 1982, 96 Stat. 170; Pub. L. 
97-252, title IV, Sec. 402(a), title XI, Secs. 1103, 1105, Sept. 8, 
1982, 96 Stat. 725, 738, 739; Pub. L. 97-295, Sec. 1(3), (4), Oct. 12, 
1982, 96 Stat. 1289; Pub. L. 98-525, title XIV, Sec. 1405(2), Oct. 19, 
1984, 98 Stat. 2621; Pub. L. 99-145, title XII, Sec. 1208, title XIV, 
Sec. 1403, Nov. 8, 1985, 99 Stat. 723, 743; renumbered Sec. 114 and 
amended Pub. L. 99-433, title I, Secs. 101(a)(2), 110(b)(1)-(9), (11), 
Oct. 1, 1986, 100 Stat. 994, 1001, 1002; Pub. L. 99-661, div. A, title 
I, Sec. 105(d), title XIII, Sec. 1304(a), Nov. 14, 1986, 100 Stat. 3827, 
3979; Pub. L. 100-26, Sec. 7(j)(1), Apr. 21, 1987, 101 Stat. 282; Pub. 
L. 100-180, div. A, title XII, Sec. 1203, Dec. 4, 1987, 101 Stat. 1154; 
Pub. L. 101-189, div. A, title XVI, Sec. 1602(b), Nov. 29, 1989, 103 
Stat. 1597; Pub. L. 101-510, div. A, title XIV, Sec. 1481(a)(1), Nov. 5, 
1990, 104 Stat. 1704; Pub. L. 104-106, div. A, title XV, 
Sec. 1501(c)(2), Feb. 10, 1996, 110 Stat. 498; Pub. L. 104-201, div. A, 
title X, Sec. 1005, Sept. 23, 1996, 110 Stat. 2632.)

                                          Historical and Revision Notes
                                                    1982 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
138(c)(5).............................  10:138 (note).                       Au
g. 5, 1974, Pub. L. 93-365, Sec.
                                                                              5
02, 88 Stat. 404.
138(i)................................  10:135 (note).                       Ju
ne 11, 1965, Pub. L. 89-37, Sec.
                                                                              3
05, 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.

                       References in Text

    The Arms Export Control Act, referred to in subsec. (c), is Pub. L. 
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapter 5 of the Arms 
Export Control Act is classified generally to subchapter V (Sec. 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.


                            Prior Provisions

    Provisions similar to those in subsec. (c)(2) of this section were 
contained in Pub. L. 101-165, title IX, Sec. 9017, Nov. 21, 1989, 103 
Stat. 1133, which was set out as a note below, prior to repeal by Pub. 
L. 101-510, Sec. 1481(a)(2).
    Prior similar provisions were contained in Pub. L. 86-149, title IV, 
Sec. 412, Aug. 10, 1959, 73 Stat. 322, as amended by Pub. L. 87-436, 
Sec. 2, Apr. 27, 1962, 76 Stat. 55; Pub. L. 88-174, title VI, Sec. 610, 
Nov. 7, 1963, 77 Stat. 329; Pub. L. 89-37, title III, Sec. 304, June 11, 
1965, 79 Stat. 128; Pub. L. 90-168, Sec. 6, Dec. 1, 1967, 81 Stat. 526; 
Pub. L. 91-121, title IV, Sec. 405, Nov. 19, 1969, 83 Stat. 207; Pub. L. 
91-441, title V, Secs. 505, 509, Oct. 7, 1970, 84 Stat. 912, 913; Pub. 
L. 92-129, title VII, Sec. 701, Sept. 28, 1971, 85 Stat. 362; Pub. L. 
92-436, title III, Sec. 302, title VI, Sec. 604, Sept. 26, 1972, 86 
Stat. 736, 739, prior to repeal by Pub. L. 93-155, Sec. 803(b)(1).


                               Amendments

    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, Sec. 7(j)(1), redesignated subsec. (f) as (e).
    Subsec. (g). Pub. L. 100-180, Sec. 1203, added subsec. (g).
    1986--Pub. L. 99-433, Sec. 101(a)(2), renumbered section 138 of this 
title as this section.
    Pub. L. 99-433, Sec. 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, Sec. 110(b)(3), struck out ``(as 
defined in subsection (f))'' after ``military construction''.
    Subsec. (b). Pub. L. 99-433, Sec. 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, Sec. 1304(a), substituted 
``$1,070,000,000'' for ``$1,000,000,000''.
    Pub. L. 99-433, Sec. 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, Sec. 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, Sec. 110(b)(6), (7), redesignated 
subsec. (e) as section 116(a) of this title.
    Subsec. (f). Pub. L. 99-661, Sec. 105(d), added subsec. (f).
    Subsec. (f)(1). Pub. L. 99-433, Sec. 110(b)(8), redesignated subsec. 
(f)(1) as (b).
    Subsec. (f)(2). Pub. L. 99-433, Sec. 110(b)(9), redesignated subsec. 
(f)(2) as section 116(b) of this title.
    Subsec. (g). Pub. L. 99-433, Sec. 110(b)(11), redesignated subsec. 
(g) as (c).
    Subsec. (h). Pub. L. 99-433, Sec. 110(b)(2), redesignated subsec. 
(h) as section 113(i) of this title.
    Subsec. (i). Pub. L. 99-433, Sec. 110(b)(11), redesignated subsec. 
(i) as (d).
    1985--Subsec. (b)(3). Pub. L. 99-145, Sec. 1208, added par. (3).
    Subsec. (g). Pub. L. 99-145, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1105, added subsec. (h).
    Subsec. (i). Pub. L. 97-295, Sec. 1(4), added subsec. (i).
    1981--Subsec. (a)(8), (9). Pub. L. 97-86, Sec. 901(a), added pars. 
(8) and (9).
    Subsec. (b). Pub. L. 97-86, Sec. 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, Sec. 903, added par. (4).
    Subsec. (e)(3), (4). Pub. L. 97-86, Sec. 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, Sec. 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, Sec. 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, Sec. 102(a), designated existing 
provisions as subpar. (A) and added subpars. (B) and (C).
    Subsec. (c)(3)(D). Pub. L. 96-513, Sec. 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, Sec. 1001(b)(2), (3), added subsec. 
(e). Former subsec. (e) redesignated (f)(1).
    Subsec. (f). Pub. L. 96-513, Sec. 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, Sec. 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, Sec. 801(a)(1), added par. 
(6).
    Subsec. (e). Pub. L. 94-106, Sec. 801(a)(2), added subsec. (e).


                    Effective Date of 1996 Amendment

    Section 1501(c) of Pub. L. 104-106 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.


                    Effective Date of 1982 Amendments

    Section 402(b) of Pub. L. 97-252 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
end strengths for active-duty personnel authorized for fiscal years 
beginning after September 30, 1981.''
    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.


                    Effective Date of 1981 Amendment

    Section 901(b) of Pub. L. 97-86 provided that: ``The amendments made 
by subsection (a) [amending this section] shall apply with respect to 
funds appropriated for fiscal years beginning after September 30, 
1982.''


                    Effective Date of 1980 Amendments

    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.
    Section 1001(a)(2) of Pub. L. 96-342 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall apply with respect 
to funds appropriated for fiscal years beginning after September 30, 
1981.''


Applicability of Provisions Relating to Funds Not Heretofore Required To 
                              Be Authorized

    Section 801(b) of Pub. L. 94-106 provided that: ``The amendment 
provided by paragraph (2) of subsection (a) above [enacting subsec. (e) 
of this section] with respect to funds not heretofore required to be 
authorized shall only apply to funds authorized for appropriation for 
fiscal year 1977 and thereafter.''


                     Availability of Appropriations

    Pub. L. 101-165, title IX, Sec. 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, Sec. 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, Sec. 101(b) [title VIII, Secs. 8005, 8006, 8009], Dec. 19, 1985, 99 
Stat. 1185, 1202, 1203, 1204:
    ``Sec. 8005. [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, Sec. 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) of 
this title.]
    ``Sec. 8006. [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, Sec. 1(e)(1), (j)(1), (m)(1), (p)(3), 
July 19, 1988, 102 Stat. 844, 848, 849, 851.]
    ``Sec. 8009. [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, 
Sec. 1(d)(1), July 19, 1988, 102 Stat. 841.]''
    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, Secs. 705-707, 723, 728, 735, 774, Dec. 8, 1983, 97 
Stat. 1437, 1438, 1443, 1444, 1452:
    ``Sec. 705. [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, Sec. 1(e)(1), (p)(1), July 19, 1988, 
102 Stat. 844, 851.]
    ``Sec. 706. [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, Secs. 1403(a)(1), 1404, Oct. 19, 
1984, 98 Stat. 2621, effective Oct. 1, 1985. See section 956(5) of this 
title.]
    ``Sec. 707. [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, Sec. 1(l)(1), (2), 
(p)(1), July 19, 1988, 102 Stat. 849, 851.]
    ``Sec. 723. [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, Sec. 1(e)(1), (p)(1), July 19, 
1988, 102 Stat. 844, 851.]
    ``Sec. 728. [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, Sec. 1(p)(1), July 19, 1988, 102 Stat. 851. See section 
2324(e)(1)(H) of this title.]
    ``Sec. 735. [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, Secs. 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, 
Sec. 1(e)(1), (l)(3), (p)(1), July 19, 1988, 102 Stat. 844, 849, 851.]
    ``Sec. 774. 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.''


 Withdrawal of United States Ground Forces From Republic of Bosnia and 
                               Herzegovina

    Pub. L. 105-85, div. A, title XII, Secs. 1203, 1206, Nov. 18, 1997, 
111 Stat. 1929, 1932, provided that:
``SEC. 1203. WITHDRAWAL OF UNITED STATES GROUND FORCES FROM REPUBLIC OF 
        BOSNIA AND HERZEGOVINA.
    ``(a) 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 June 30, 
1998, unless the President, not later than May 15, 1998, and after 
consultation with the bipartisan leadership of the two Houses of 
Congress, transmits to Congress a certification--
        ``(1) that the continued presence of United States ground combat 
    forces, after June 30, 1998, in the Republic of Bosnia and 
    Herzegovina is required in order to meet the national security 
    interests of the United States; and
        ``(2) that after June 30, 1998, it will remain United States 
    policy that United States ground forces will not serve as, or be 
    used as, civil police in the Republic of Bosnia and Herzegovina.
    ``(b) Report.--The President shall submit with the certification 
under subsection (a) a report that includes the following:
        ``(1) The reasons why that presence is in the national security 
    interest of the United States.
        ``(2) 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.
        ``(3) The expected duration of any such deployment.
        ``(4) 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 June 30, 
    1998.
        ``(5) The exit strategy of such forces.
        ``(6) The incremental costs associated with any such deployment.
        ``(7) The effect of such deployment on the morale, retention, 
    and effectiveness of United States armed forces.
        ``(8) A description of the forces from other nations involved in 
    a follow-on mission, shown on a nation-by-nation basis.
        ``(9) A description of the command and control arrangement 
    established for United States forces involved in a follow-on 
    mission.
        ``(10) An assessment of the expected threats to United States 
    forces involved in a follow-on mission.
        ``(11) 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.
        ``(12) The mission statement and operational goals of the United 
    States forces involved in a follow-on mission.
    ``(c) 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 June 30, 1998.
    ``(d) 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.
    ``(e) 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].
``SEC. 1206. DEFINITIONS.
    ``As used in this subtitle [subtitle A (Secs. 1201-1206) of title 
XII of div. A of Pub. L. 105-85, enacting this note]:
        ``(1) 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 November 
    21, 1995, and signed in Paris on December 14, 1995.
        ``(2) 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.
        ``(3) 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 (December 12, 1996).
        ``(4) 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 
    June 30, 1998 (other than as described in section 1203(b)).
        ``(5) NATO.--The term `NATO' means the North Atlantic Treaty 
    Organization.''


                 Budget Determination by Director of OMB

    Pub. L. 102-484, div. D, title XLV, Sec. 4501, Oct. 23, 1992, 106 
Stat. 2769, provided that:
    ``(a) Requirement for Determination.--An amount made available under 
this Act [see Tables for classification] for a program described in 
subsection (b) may be obligated for that program only if expenditures 
for that program have 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 (as defined in 
section 601(a)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 
665(a)(2)]) for purposes of part C of the Balanced Budget and Emergency 
Deficit Control Act of 1985 [2 U.S.C. 900 et seq.].
    ``(b) Covered Programs.--The programs referred to in subsection (a) 
are the programs under title XLIII [enacting section 2552 of this title, 
amending section 2391 of this title, and enacting provisions set out as 
notes under section 2391 of this title] and subtitles D through G of 
title XLIV [Secs. 4441 to 4497, enacting sections 1143a, 1151, 1598, 
2410c, and 2410d of this title and section 1662d-1 of Title 29, Labor, 
amending sections 1142 and 1144 of this title and sections 1551, 1661, 
1661c, and 1662d of Title 29, and enacting provisions set out as notes 
under sections 1143, 1143a, 2410d, 2501, 2504, and 2701 of this title 
and section 1662d-1 of Title 29].
    ``(c) Effect on Appropriations for Programs Not Counted Against 
Defense Category.--(1) Not later than the third day after the date of 
the enactment of this Act [Oct. 23, 1992], the Director of the Office of 
Management and Budget shall make a determination as to the 
classification by discretionary spending limit category for purposes of 
the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short 
Title note set out under section 900 of Title 2, The Congress] of 
amounts appropriated for fiscal year 1993 for each of the programs 
described in subsection (b). If the Director determines that any such 
amount shall not classify against the defense category, then the 
President shall submit to Congress a report listing all such amounts 
that the Director has determined will not classify against the defense 
category (as described in subsection (a)). Such report shall contain an 
explanation for each such determination.
    ``(2) All amounts listed in the report under paragraph (1) may be 
transferred only to the programs under titles XLII, XLIII, and XLIV [see 
Tables for classification] that are classified against the defense 
category by virtue of the report of the President submitted under 
paragraph (1) pursuant to amounts specified in appropriation Acts. Any 
such transfer shall be taken into account for purposes of calculating 
all reports under section 254 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 [2 U.S.C. 904].''


                            Classified Annex

    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1002], Oct. 30, 
2000, 114 Stat. 1654, 1654A-245, provided that:
    ``(a) Status of Classified Annex.--The Classified Annex prepared by 
the committee of conference to accompany the conference report on the 
bill H.R. 4205 of the One Hundred Sixth Congress [Pub. L. 106-398] and 
transmitted to the President is hereby incorporated into this Act [H.R. 
5408, as enacted by section 1 of Pub. L. 106-398, see Tables for 
classification].
    ``(b) 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.
    ``(c) 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.
    ``(d) 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.''
    Similar provisions were contained in the following prior 
authorization or appropriation acts:
    Pub. L. 106-65, div. A, title X, Sec. 1002, Oct. 5, 1999, 113 Stat. 
732.
    Pub. L. 105-261, div. A, title X, Sec. 1002, Oct. 17, 1998, 112 
Stat. 2111.
    Pub. L. 105-85, div. A, title X, Sec. 1002, Nov. 18, 1997, 111 Stat. 
1868.
    Pub. L. 104-201, div. A, title X, Sec. 1002, Sept. 23, 1998, 110 
Stat. 2631.
    Pub. L. 104-106, div. A, title X, Sec. 1002, Feb. 10, 1996, 110 
Stat. 414.
    Pub. L. 103-337, div. A, title X, Sec. 1003, Oct. 5, 1994, 108 Stat. 
2834.
    Pub. L. 103-335, title VIII, Sec. 8084, Sept. 30, 1994, 108 Stat. 
2637.
    Pub. L. 103-160, div. A, title XI, Sec. 1103, Nov. 30, 1993, 107 
Stat. 1749.
    Pub. L. 103-139, title VIII, Sec. 8108, Nov. 11, 1993, 107 Stat. 
1464.
    Pub. L. 102-484, div. A, title X, Sec. 1006, Oct. 23, 1992, 106 
Stat. 2482.
    Pub. L. 102-396, title IX, Sec. 9126, Oct. 6, 1992, 106 Stat. 1931.
    Pub. L. 102-190, div. A, title X, Sec. 1005, Dec. 5, 1991, 105 Stat. 
1457.
    Pub. L. 102-172, title VIII, Sec. 8124, Nov. 26, 1991, 105 Stat. 
1206.
    Pub. L. 101-511, title VIII, Sec. 8111, Nov. 5, 1990, 104 Stat. 
1904.
    Pub. L. 101-510, div. A, title XIV, Sec. 1409, Nov. 5, 1990, 104 
Stat. 1681.


                          Budget Act Limitation

    Section 1304(b) of Pub. L. 99-661 provided that: ``New spending 
authority (as defined in section 401(c)(2) of the Congressional Budget 
Act of 1974 [2 U.S.C. 651(c)(2)]) provided by the amendment made by 
subsection (a) [amending this section] shall be effective for any fiscal 
year only to the extent or in such amounts as are provided in 
appropriation Acts.''


   Limitation on Source of Funds for Nicaraguan Democratic Resistance

    Section 1351 of Pub. L. 99-661, as amended by Pub. L. 104-106, div. 
A, title X, Sec. 1063(a), Feb. 10, 1996, 110 Stat. 444, provided that: 
``Notwithstanding title II of the Military Construction Appropriations 
Act, 1987 [Pub. L. 99-500, Sec. 101(k) [title II], Oct. 18, 1986, 100 
Stat. 1783-287, 1783-295, and Pub. L. 99-591, Sec. 101(k) [title II], 
Oct. 30, 1986, 100 Stat. 3341-287, 3341-295], or any other provision of 
law, funds appropriated or otherwise made available to the Department of 
Defense for any fiscal year for operation and maintenance may not be 
used to provide assistance for the democratic resistance forces in 
Nicaragua. If funds appropriated or otherwise made available to the 
Department of Defense for any fiscal year are authorized by law to be 
used for such assistance, funds for such purpose may only be derived 
from amounts appropriated or otherwise made available to the Department 
for procurement (other than ammunition).''


 Use of Appropriated Funds To Support Revenue Generating Activities in 
                   Large Metropolitan Areas Prohibited

    Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9102], Oct. 18, 1986, 
100 Stat. 1783-82, 1783-118, and Pub. L. 99-591, Sec. 101(c) [title IX, 
Sec. 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, Sec. 101(b) 
[title VIII, Sec. 8099], Dec. 22, 1987, 101 Stat. 1329-43, 1329-78.


    Transfer of Operation and Maintenance Appropriations Unobligated 
    Balances to Foreign Currency Fluctuations, Defense, Appropriation

    Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 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, Sec. 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.


   Waiver of Applicability of OMB Circular A-76 to Contracting Out of 
               Certain Research and Development Activities

    Section 802 of Pub. L. 96-107 provided that:
    ``(a) 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 August 30, 1967, and reissued on October 18, 
1976, June 13, 1977, and March 29, 1979) shall control or be used for 
policy guidance for the obligation or expenditure of any 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.
    ``(b) 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.
    ``(c) No law enacted after the date of the enactment of this Act 
[Nov. 9, 1979] shall be held, considered, or construed as amending, 
superseding, or otherwise modifying any provision of this section unless 
such law does so by specifically and explicitly amending, repealing, or 
superseding this section.''


     Manpower Conversion Policies; Development for Annual Manpower 
Authorization Requests; Justification for Conversion To Be Contained in 
             Annual Manpower Requirements Report to Congress

    Pub. L. 93-365, title V, Sec. 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, Secs. 1(3), 6(b).

                  Section Referred to in Other Sections

    This section is referred to in sections 2431, 2561, 2608 of this 
title; title 22 section 2795.
