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

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 4174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4174&num=0&edition=prelim) applies), any activity to which [section 2807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2807&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prel

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Stable record: federal_law:legal_authorities:record_usc_c4b67d08969dcda0ca1c8cef
Source file: Laws/federal/codes/united-states-code/title-10/section-114-annual-authorization-of-appropriations--b34bf81ae8.md
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Passage SHA-256: 66335d6207d1fdc410d1a4eadcc1b19e1b52a8f56b49c8e2ed07f020e302064e

Source location: Title 10, Chapter 2, § 114; chapter-002-department-of-defense.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4174&num=0&edition=prelim) applies), any activity to which [section 2807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2807&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2795&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2777/a&num=0&edition=prelim)), 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/a/1&num=0&edition=prelim))— (A) shall be credited to the Special Defense Acquisition Fund established pursuant to chapter 5 of that Act ([22 U.S.C. 2795](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2795&num=0&edition=prelim) et seq.), as authorized by section 51(b)(1) of that Act ([22 U.S.C. 2795(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2795/b/1&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302/b&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2201 — Apportionment of funds: authority for exemption; excepted expenses

**(a) Exemption From Apportionment Requirement.—** If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of [section 1512 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1512&num=0&edition=prelim) appropriations, funds, and contract authorizations available for military functions of the Department of Defense. **(b) Airborne Alerts.—** Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41. **(c) Members on Active Duty.—** Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41. **(d) Notification to Congress.—** The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2201

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8683 — Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work

**(a) Unusual Cost Overruns.—** (1) Appropriations available to the Department of Defense for a fiscal year may be used for payment of unusual cost overruns incident to ship overhaul, maintenance, and repair for a vessel inducted into an industrial-fund activity or contracted for during a prior fiscal year. (2) The Secretary of Defense shall notify Congress promptly before an obligation is incurred for any payment under paragraph (1). **(b) Changes in Scope of Work.—** An appropriation available to the Department of Defense for a fiscal year may be used after the otherwise-applicable expiration of the availability for obligation of that appropriation— (1) for payments to an industrial-fund activity for amounts required because of changes in the scope of work for ship overhaul, maintenance, and repair, in the case of work inducted into the industrial-fund activity during the fiscal year; and (2) for payments under a contract for amounts required because of changes in the scope of work, in the case of a contract entered into during the fiscal year for ship overhaul, maintenance, and repair. **(c) Treatment of Amounts Appropriated After End of Period of Obligation.—** In the application of [section 1553(c) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1553/c&num=0&edition=prelim) to funds appropriated in the Operation and Maintenance, Navy account that are available for ship overhaul, the Secretary of the Navy may treat the limitation specified in paragraph (1) of such section to be “$10,000,000” rather than “$4,000,000”.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8683

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4174 — Contracts: acquisition, construction, or furnishing of test facilities and equipment

**(a)** A covered contract for research or development, or both, may provide for the acquisition or construction by, or furnishing to, the contractor, of research, developmental, or test facilities and equipment that the Secretary of the military department concerned determines to be necessary for the performance of the contract. The acquisition or construction of these research, developmental, or test facilities shall be subject to the cost principles applicable to allowable contract expenses. The facilities and equipment, and specialized housing for them, may be acquired or constructed at the expense of the United States, and may be lent or leased to the contractor with or without reimbursement, or may be sold to him at fair value. This subsection does not authorize new construction or improvements having general utility. The Secretary of Defense and the Secretaries of the military departments shall promulgate regulations necessary to give full force and effect to this section. **(b)** Facilities that would not be readily removable or separable without unreasonable expense or unreasonable loss of value may not be installed or constructed under this section on property not owned by the United States, unless the contract contains— (1) a provision for reimbursing the United States for the fair value of the facilities at the completion or termination of the contract or within a reasonable time thereafter; (2) an option in the United States to acquire the underlying land; or (3) an alternative provision that the Secretary concerned considers to be adequate to protect the interests of the United States in the facilities. **(c)** Proceeds of sales or reimbursements under this section shall be paid into the Treasury as miscellaneous receipts, except to the extent otherwi

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4174

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2251 — Household furnishings and other property: personnel outside the United States or in Alaska or Hawaii

**(a) In General.—** Subject to subsection (b), the Secretary of the military department concerned may— (1) purchase household furnishings and automobiles from members of the armed forces and civilian employees of the Department of Defense on duty outside the United States or in Hawaii for resale at cost to incoming personnel; and (2) provide household furnishings, without charge, in other than public quarters occupied by members of the armed forces or civilian employees of the Department of Defense who are on duty outside the United States or in Alaska or Hawaii. **(b) Required Determination.—** The authority provided in subsection (a) may be used only when it is determined, under regulations approved by the Secretary of Defense, that the use of that authority would be advantageous to the United States.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2251

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 138 — Assistant Secretaries of Defense

**(a)** (1) There are 20 Assistant Secretaries of Defense. (2) The Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. **(b)** (1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. (2) (A) One of the Assistant Secretaries is the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. The principal duty of the Assistant Secretary shall be the overall supervision (including oversight of policy and resources) of special operations activities (as defined in [section 167(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section167/k&num=0&edition=prelim)) and low intensity conflict activities of the Department of Defense. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters and (after the Secretary and Deputy Secretary) is the principal special operations and low intensity conflict official within the senior management of the Department of Defense. A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall do the following: (i) Exercise authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces through the administrative chain of command specified in [section 167(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 138

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 900 — Statement of budget enforcement through sequestration; definitions

**(a) Omitted** **(b) General statement of budget enforcement through sequestration** This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session). **(c) Definitions** As used in this subchapter: (1) The terms “budget authority”, “new budget authority”, “outlays”, and “deficit” have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 [[2 U.S.C. 622](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section622&num=0&edition=prelim)] and “discretionary spending limit” shall mean the amounts specified in [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim). (2) The terms “sequester” and “sequestration” refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law. (3) The term “breach” means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category’s discretionary spending limit for new budget authority or outlays for that year, as the case may be. (4) (A) The term “nonsecurity category” means all discretionary appropriations not included in the security category defined in subparagraph (B). (B) The term “security category” includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs). (C

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 900

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 210 — Defense access roads

**(a) Authorization.—** (1) **In general.—** — When defense access roads are certified to the Secretary as important to the national defense by the Secretary of Defense or such other official as the President may designate, the Secretary is authorized, out of the funds appropriated for defense access roads, to provide for— (A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydraulic appurtenances on those roads) to— (i) military reservations; (ii) defense industry sites; (iii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or (iv) sources of raw materials; (B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, regardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disasters; and (C) replacing existing highways and highway connections that are shut off from general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at— (i) military reservations; (ii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or (iii) defense industry sites. (2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement required to address the impact. The Secretary of Defense, i

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 210

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2801 — Scope of chapter; definitions

**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)). **(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law). **(c)** In this chapter and chapter 173 of this title: (1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term “facility” means a building, structure, or other improvement to real property. (3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure. (4) The term “mil

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2807 — Architectural and engineering services and construction design

**(a)** Within amounts appropriated for military construction and military family housing, the Secretary concerned may obtain architectural and engineering services and may carry out construction design in connection with military construction projects, family housing projects, and projects undertaken in connection with the authority provided under [section 2854 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2854&num=0&edition=prelim) that are not otherwise authorized by law. Amounts available for such purposes may be used for construction management of projects that are funded by foreign governments directly or through international organizations and for which elements of the armed forces of the United States are the primary user. **(b)** In the case of architectural and engineering services and construction design to be undertaken under subsection (a) for which the estimated cost exceeds $5,000,000, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services. The Secretary may then obligate funds for such services only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim). **(c)** If the Secretary concerned determines that the amount authorized for activities under subsection (a) in any fiscal year must be increased the Secretary may proceed with activities at such higher level only after the end of the 14-day period beginning on the date on which the Sec

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2807

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