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

procurement of aircraft, missiles, or naval vessels; any research, development, test, or evaluation, or procurement or production related thereto; procurement of tracked combat vehicles; procurement of other weapons; procurement of naval torpedoes and related support equipment; military construction; the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments); procurement of ammunition; or other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments); 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. 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. 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 to the extent not so credited, shall be deposited in the Treasury as miscellaneous receipts as provided in section 3302(b) of title 31 . 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. 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 . 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. 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. ” 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.” Before exercising authority for use of amounts in the Special Defense Acquisition Fund in excess of the size of that Fund as of September 30, 2016 , by reason of the amendments made by this section [amending this section], the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a report on the plan for the use of such amounts. Not later than 30 days before the beginning of each fiscal year quarter, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a detailed plan for the use of amounts in the Special Defense Acquisition Fund for such fiscal year quarter. Not later than 90 days after the end of each fiscal year, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a report setting forth the inventory of defense articles and services acquired, possessed, and transferred through the Special Defense Acquisition Fund in such fiscal year. In this subsection, the term ‘appropriate committees of Congress’ has the meaning given that term in section 301(1) of title 10 , United States Code (as added by section 1241(a)(3) of this Act).” 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 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. The reasons why that presence is in the national security interest of the United States. 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. The expected duration of any such deployment. 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 . The exit strategy of such forces. The incremental costs associated with any such deployment. The effect of such deployment on the morale, retention, and effectiveness of United States armed forces. A description of the forces from other nations involved in a follow-on mission, shown on a nation-by-nation basis. A description of the command and control arrangement established for United States forces involved in a follow-on mission. An assessment of the expected threats to United States forces involved in a follow-on mission. 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. The mission statement and operational goals of the United States forces involved in a follow-on mission. 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 . 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. 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 ]. 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 . 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. 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 ). 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)). The term ‘NATO’ means the North Atlantic Treaty Organization.” The Classified Annex prepared by the committee of conference to accompany the conference report on the bill S. 1438 of the One Hundred Seventh Congress [ Pub. L. 107–107 ] and transmitted to the President is hereby incorporated into this Act [see Tables for classification]. The amounts specified in the Classified Annex are not in addition to amounts authorized to be appropriated by other provisions of this Act. 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. 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.” 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. 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. 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.”