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10 U.S.C. § 114 — Annual authorization of appropriations

submitted 53 years ago by Pub. L. 93-155 to r/title-10-ARMED-FORCES · 597 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress cannot fund most military purchases, construction, or operations unless a separate law authorizes it first. This section defines military construction broadly and caps a special defense acquisition fund at $3.5 billion. The President's yearly budget must also list reserve-component and ammunition funding separately from other military spending.

(a) The military cannot spend or promise to spend money for nine kinds of things unless a separate law specifically authorizes that spending first. Those nine things are: (1) aircraft, missiles, or naval vessels; (2) research, development, testing, or evaluation work, plus related procurement or production; (3) tracked combat vehicles; (4) other weapons; (5) naval torpedoes and their support equipment; (6) military construction; (7) running any armed force or Department of Defense activity (other than the military departments themselves); (8) ammunition; and (9) any other procurement by an armed force or by Defense Department activities outside the military departments. (b) This part says what "military construction" means in (a)(6). It covers any construction, development, conversion, or extension work done on a military facility or installation — including government-owned or government-leased factories that make defense equipment, and certain facilities covered by other sections of this title. It also covers activities under section 2807 of this title, activities under chapter 1803 of this title, and money advanced to the Secretary of Transportation to build roads that give access to defense sites. It does NOT include activities covered by section 2821 or 2854. (c) This part covers the Special Defense Acquisition Fund, which was created under a different law, the Arms Export Control Act. (1) The fund cannot hold more than $3,500,000,000. (2) Certain money the United States receives under that other Act must be credited to this fund — but only up to the fund's size limit and other applicable rules. Any part of that money that can't be credited goes instead to the Treasury as miscellaneous receipts. (3) For fiscal years 2018 through 2022, at least 20 percent of what the fund spent each year had to go toward buying and stocking precision-guided munitions that partner and allied forces might need to help U.S.-run or U.S.-supported overseas contingency operations. (d) The armed forces can get emergency funding for research, development, testing, evaluation, or related procurement, but only if a law passed after June 30, 1966 specifically authorizes it. (e) When the President sends the yearly budget to Congress (under section 1105 of title 31), the amount requested to buy equipment for reserve forces — including the National Guard — must be listed separately from other military procurement requests. (f) That same yearly budget must also list ammunition funding separately: one line for the Navy and Marine Corps, and one line for the Air Force, apart from other procurement requests.
the actual law source: uscode.house.gov ↗public domain
(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.

(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 $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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1973Enacted · Pub. L. 93-155 · 87 Stat. 612
  • 1975Amended · Pub. L. 94-106 · 89 Stat. 537
  • 1976Amended · Pub. L. 94-361 · 90 Stat. 924
  • 1979Amended · Pub. L. 96-107 · 93 Stat. 806
  • 1980Amended · Pub. L. 96-342 · 94 Stat. 1117
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2840, 2920
  • 1981Amended · Pub. L. 97-22 · 95 Stat. 124
  • 1981Amended · Pub. L. 97-86 · 95 Stat. 1104, 1113, 1114
  • 1981Amended · Pub. L. 97-113 · 95 Stat. 1524
  • 1982Amended · Pub. L. 97-214 · 96 Stat. 170
  • 1982Amended · Pub. L. 97-252 · 96 Stat. 725, 738, 739
  • 1982Amended · Pub. L. 97-295 · 96 Stat. 1289
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2621
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 723, 743
  • 1986Amended · Pub. L. 99-433 · 100 Stat. 994, 1001, 1002
  • 1986Amended · Pub. L. 99-661 · 100 Stat. 3827, 3979
  • 1987Amended · Pub. L. 100-26 · 101 Stat. 282
  • 1987Amended · Pub. L. 100-180 · 101 Stat. 1154
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1597
  • 1990Amended · Pub. L. 101-510 · 104 Stat. 1704
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 498
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2632
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2474
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1642
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4246, 4294
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2154
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2966

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-155 on 1973-11-16.

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