Historical And Revision
Historical and Revision Notes
Subsection (a) of this section and sections 2253(b) and 2661(a) of this title are based on [Pub. L. 98–212, title VII, § 735], Dec. 8, 1983, [97 Stat. 1444], as amended by [Pub. L. 98–525, title XIV], §§ 1403(a)(2), 1404, Oct. 19, 1984, [98 Stat. 2621].
In two instances, the source section for provisions to be codified provides that defense appropriations may be used for “welfare and recreation” or “welfare and recreational” purposes. ([Section 735 of Public Law 98–212] and [section 8006(b) of Public Law 99–190], to be codified as [10 U.S.C. 2241(a)(1)] and 2490(2), respectively). The committee added the term “morale” in both of these two instances to conform to the usual “MWR” usage for morale, welfare, and recreation activities.
Subsection (b) of this section and sections 2242(1), (4) and 2253(a)(1) of this title are based on [Pub. L. 98–212, title VII, § 705], Dec. 8, 1983, [97 Stat. 1437].
[Section 705 of Public Law 98–212], to be codified as [10 U.S.C. 2241(b)], provides that defense appropriations may be used in connection with certain services and supplies “as may be necessary to carry out the purposes of this Act”. The reference to “this Act” means [Public Law 98–212], the FY84 Defense Appropriations Act. Language similar to section 705 had been enacted as part of the annual defense appropriation Act for many years. In the FY84 Act, section 705 was enacted as a permanent provision. The quoted phrase above was not, however, revised from the traditional annual wording as the provision had appeared in annual appropriations Acts in order to give it effect beyond the fiscal year concerned. Since the general purpose of a defense appropriations Act is to provide funds for national defense purposes, the committee, in codifying this provision, revised the quoted phrase so as to read “that may be necessary for the national defense”. No change in meaning is intended.
Amendments
Amendments
2003—Subsec. (c). [Pub. L. 108–136] added subsec. (c).
Miscellaneous
Limitation on Source of Funds for Certain Joint Cargo Aircraft Expenditures
[Pub. L. 110–417], [div. A], title II, § 216, Oct. 14, 2008, [122 Stat. 4387], provided that:“(a)Limitation.—Of the amounts appropriated pursuant to an authorization of appropriations in this Act [see Tables for classification] or otherwise made available for fiscal year 2009 or any fiscal year thereafter for the Army or the Air Force, the Secretary of the Army and the Secretary of the Air Force may fund relevant expenditures for the Joint Cargo Aircraft only through amounts made available for procurement or for research, development, test, and evaluation.“(b)Relevant Expenditures for the Joint Cargo Aircraft Defined.—In this section, the term ‘relevant expenditures for the Joint Cargo Aircraft’ means expenditures relating to—“(1) support equipment;“(2) initial spares;“(3) training simulators;“(4) systems engineering and management; and“(5) post-production modifications.”
Prohibitions Relating to Propaganda
[Pub. L. 110–417], [div. A], title X, § 1056, Oct. 14, 2008, [122 Stat. 4610], provided that:“(a)Prohibition.—No part of any funds authorized to be appropriated in this or any other Act shall be used by the Department of Defense for publicity or propaganda purposes within the United States not otherwise specifically authorized by law.“(b)Report.—Not later than 90 days after the date of the enactment of this Act [Oct. 14, 2008], the Inspector General of the Department of Defense shall submit to Congress a report on the findings of their project number D2008–DIPOEF–0209.000, entitled ‘Examination of Allegations Involving DoD Office of Public Affairs Outreach Program’.“(c)Legal Opinion.—Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall issue a legal opinion to Congress on whether the Department of Defense violated appropriations prohibitions on publicity or propaganda activities established in Public Laws 107–117, 107–248, 108–87, 108–287, 109–148, 109–289, and 110–116, the Department of Defense Appropriations Acts for fiscal years 2002 through 2008, respectively, by offering special access to prominent persons in the private sector who serve as media analysts, including briefings and information on war efforts, meetings with high level government officials, and trips to Iraq and Guantanamo Bay, Cuba.“(d)Rule of Construction Related to Intelligence Activities.—Nothing in this section shall be construed to apply to any lawful and authorized intelligence activity of the United States Government.”
Funds Made Available for Transportation of Medical Supplies to American Samoa and Indian Health Service
[Pub. L. 110–329, div. C, title VIII, § 8058], Sept. 30, 2008, [122 Stat. 3634], provided that: “Notwithstanding any other provision of law, funds available to the Department of Defense in this Act [div. C of [Pub. L. 110–329], see Tables for classification], and hereafter, shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to American Samoa, and funds available to the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to the Indian Health Service when it is in conjunction with a civil-military project.”
Obligation of Funds for Installation Support Functions
[Pub. L. 108–287, title VIII, § 8070], Aug. 5, 2004, [118 Stat. 987], provided that: “Hereafter, funds appropriated for Operation and maintenance and for the Defense Health Program in this Act [see Tables for classification], and in future appropriations acts for the Department of Defense, for supervision and administration costs for facilities maintenance and repair, minor construction, or design projects, or any planning studies, environmental assessments, or similar activities related to installation support functions, may be obligated at the time the reimbursable order is accepted by the performing activity: Provided, That for the purpose of this section, supervision and administration costs includes all in-house Government cost.”
Similar provisions were contained in the following prior appropriation acts:
[Pub. L. 108–87, title VIII, § 8071], Sept. 30, 2003, [117 Stat. 1088].
[Pub. L. 107–248, title VIII, § 8072], Oct. 23, 2002, [116 Stat. 1553].
[Pub. L. 107–117, div. A, title VIII, § 8080], Jan. 10, 2002, [115 Stat. 2265].
[Pub. L. 106–259, title VIII, § 8079], Aug. 9, 2000, [114 Stat. 691].
[Pub. L. 106–79, title VIII, § 8084], Oct. 25, 1999, [113 Stat. 1251].
[Pub. L. 105–262, title VIII, § 8085], Oct. 17, 1998, [112 Stat. 2318].
[Pub. L. 105–56, title VIII, § 8093], Oct. 8, 1997, [111 Stat. 1241].
[Pub. L. 104–208, div. A, title I, § 101(b)] [title VIII, § 8119], Sept. 30, 1996, [110 Stat. 3009–71], 3009–114.
Limitation on Payment of Facilities Charges Assessed by Department of State
[Pub. L. 108–136, div. A, title X, § 1007], Nov. 24, 2003, [117 Stat. 1585], provided that:“(a)Costs of Goods and Services Provided to Department of State.—Funds appropriated for the Department of Defense may be transferred to the Department of State as remittance for a fee charged to the Department of Defense by the Department of State for any year for the maintenance, upgrade, or construction of United States diplomatic facilities only to the extent that the amount charged (when added to other amounts previously so charged for that fiscal year) exceeds the total amount of the unreimbursed costs incurred by the Department of Defense during that year in providing goods and services to the Department of State.“(b)Effective Date.—Subsection (a) shall take effect as of October 1, 2003.”
Total Information Awareness Program
[Pub. L. 108–7, div. M, § 111], Feb. 20, 2003, [117 Stat. 534], provided that:“(a)Limitation on Use of Funds for Research and Development on Total Information Awareness Program.—Notwithstanding any other provision of law, commencing 90 days after the date of the enactment of this Act [Feb. 20, 2003], no funds appropriated or otherwise made available to the Department of Defense, whether to an element of the Defense Advanced Research Projects Agency or any other element, or to any other department, agency, or element of the Federal Government, may be obligated or expended on research and development on the Total Information Awareness program unless—“(1) the report described in subsection (b) is submitted to Congress not later than 90 days after the date of the enactment of this Act; or“(2) the President certifies to Congress in writing, that—“(A) the submittal of the report to Congress within 90 days after the date of the enactment of this Act is not practicable; and“(B) the cessation of research and development on the Total Information Awareness program would endanger the national security of the United States.“(b)Report.—The report described in this subsection is a report, in writing, of the Secretary of Defense, the Attorney General, and the Director of Central Intelligence, acting jointly, that—“(1) contains—“(A) a detailed explanation of the actual and intended use of funds for each project and activity of the Total Information Awareness program, including an expenditure plan for the use of such funds;“(B) the schedule for proposed research and development on each project and activity of the Total Information Awareness program; and“(C) target dates for the deployment of each project and activity of the Total Information Awareness program;“(2) assesses the likely efficacy of systems such as the Total Information Awareness program in providing practically valuable predictive assessments of the plans, intentions, or capabilities of terrorists or terrorist groups;“(3) assesses the likely impact of the implementation of a system such as the Total Information Awareness program on privacy and civil liberties;“(4) sets forth a list of the laws and regulations that govern the information to be collected by the Total Information Awareness program, and a description of any modifications of such laws that will be required to use the information in the manner proposed under such program; and“(5) includes recommendations, endorsed by the Attorney General, for practices, procedures, regulations, or legislation on the deployment, implementation, or use of the Total Information Awareness program to eliminate or minimize adverse effects of such program on privacy and other civil liberties.“(c)Limitation on Deployment of Total Information Awareness Program.—(1) Notwithstanding any other provision of law and except as provided in paragraph (2), if and when research and development on the Total Information Awareness program, or any component of such program, permits the deployment or implementation of such program or component, no department, agency, or element of the Federal Government may deploy or implement such program or component, or transfer such program or component to another department, agency, or element of the Federal Government, until the Secretary of Defense—“(A) notifies Congress of that development, including a specific and detailed description of—“(i) each element of such program or component intended to be deployed or implemented; and“(ii) the method and scope of the intended deployment or implementation of such program or component (including the data or information to be accessed or used); and“(B) has received specific authorization by law from Congress for the deployment or implementation of such program or component, including—“(i) a specific authorization by law for the deployment or implementation of such program or component; and“(ii) a specific appropriation by law of funds for the deployment or implementation of such program or component.“(2) The limitation in paragraph (1) shall not apply with respect to the deployment or implementation of the Total Information Awareness program, or a component of such program, in support of the following:“(A) Lawful military operations of the United States conducted outside the United States.“(B) Lawful foreign intelligence activities conducted wholly against non-United States persons.“(d)Sense of Congress.—It is the sense of Congress that—“(1) the Total Information Awareness program should not be used to develop technologies for use in conducting intelligence activities or law enforcement activities against United States persons without appropriate consultation with Congress or without clear adherence to principles to protect civil liberties and privacy; and“(2) the primary purpose of the Defense Advanced Research Projects Agency is to support the lawful activities of the Department of Defense and the national security programs conducted pursuant to the laws assembled for codification purposes in title 50, United States Code.“(e)Definitions.—In this section:“(1)Total information awareness program.—The term ‘Total Information Awareness program’—“(A) means the computer hardware and software components of the program known as Total Information Awareness, any related information awareness program, or any successor program under the Defense Advanced Research Projects Agency or another element of the Department of Defense; and“(B) includes a program referred to in subparagraph (1), or a component of such program, that has been transferred from the Defense Advanced Research Projects Agency or another element of the Department of Defense to any other department, agency, or element of the Federal Government.“(2)Non-united states person.—The term ‘non-United States person’ means any person other than a United States person.“(3)United states person.—The term ‘United States person’ has the meaning given that term in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1801(i)]).”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of [Pub. L. 108–458], set out as a note under [section 3001 of Title 50], War and National Defense.]
Funds Prohibited for Contracts With Persons Convicted of Unlawful Manufacture or Sale of Congressional Medals of Honor
[Pub. L. 105–262, title VIII, § 8118], Oct. 17, 1998, [112 Stat. 2331], provided that: “During the current fiscal year and hereafter, no funds appropriated or otherwise available to the Department of Defense may be used to award a contract to, extend a contract with, or approve the award of a subcontract to any person who within the preceding 15 years has been convicted under [section 704 of title 18], United States Code, of the unlawful manufacture or sale of the Congressional Medal of Honor.”
Use of Funds for Modification of Retired Aircraft, Weapon, Ship or Other Item of Equipment
[Pub. L. 105–56, title VIII, § 8053], Oct. 8, 1997, [111 Stat. 1232], which provided that none of the funds provided in the Act and hereafter would be available for use by a military department to modify an aircraft, weapon, ship or other item of equipment, that the military department concerned planned to retire or otherwise dispose of within 5 years after completion of the modification, was repealed and restated in [section 2244a of this title] by [Pub. L. 109–163, div. A, title III, § 372(a)], (c), [119 Stat. 3209], 3210.
Similar provisions were contained in the following prior appropriation acts:
[Pub. L. 104–208, div. A, title I, § 101(b)] [title VIII, § 8055], Sept. 30, 1996, [110 Stat. 3009–71], 3009–99.
[Pub. L. 104–61, title VIII, § 8068], Dec. 1, 1995, [109 Stat. 664].
[Pub. L. 103–335, title VIII, § 8079], Sept. 30, 1994, [108 Stat. 2636].
[Pub. L. 103–139, title VIII, § 8098], Nov. 11, 1993, [107 Stat. 1462].
[Pub. L. 102–396, title IX, § 9034], Oct. 6, 1992, [106 Stat. 1908].
[Pub. L. 102–172, title VIII, § 8034], Nov. 26, 1991, [105 Stat. 1178].
[Pub. L. 101–511, title VIII, § 8035], Nov. 5, 1990, [104 Stat. 1882].
Demonstration Project for Uniform Funding of Morale, Welfare, and Recreation Activities at Certain Military Installations
[Pub. L. 104–106, div. A, title III, § 335], Feb. 10, 1996, [110 Stat. 262], directed the Secretary of Defense to conduct a demonstration project to evaluate the feasibility of using only nonappropriated funds to support morale, welfare, and recreation programs at military installations in order to facilitate the procurement of property and services for those programs and the management of employees used to carry out those programs, directed the Secretary to submit to Congress a final report on the results of the project not later than Dec. 31, 1998, and provided that the project would terminate not later than Sept. 30, 1998.
Interagency Courier Service
[Pub. L. 103–335, title VIII, § 8119], Sept. 30, 1994, [108 Stat. 2649], provided that: “During the current fiscal year and hereafter, the Department of State and the Department of Defense are authorized to provide interagency courier service on a non-reimbursable basis.”
Restrictions on Procurements From Outside of United States
[Pub. L. 104–208, div. A, title I, § 101(b)] [title VIII, § 8109], Sept. 30, 1996, [110 Stat. 3009–71], 3009–111, provided for application of [section 9005 of Public Law 102–396] (formerly set out below), prior to repeal by [Pub. L. 107–107, div. A, title VIII, § 832(b)(2)], Dec. 28, 2001, [115 Stat. 1190].
[Pub. L. 102–396, title IX, § 9005], Oct. 6, 1992, [106 Stat. 1900], as amended by [Pub. L. 103–139, title VIII, § 8005], Nov. 11, 1993, [107 Stat. 1438]; [Pub. L. 103–355, title IV, § 4401(e)], Oct. 13, 1994, [108 Stat. 3348], provided for restrictions on procurements from outside of the United States, prior to repeal by [Pub. L. 107–107, div. A, title VIII, § 832(b)(1)], Dec. 28, 2001, [115 Stat. 1190].
Prohibition on Use of Funds To Purchase Dogs or Cats for Medical Training
[Pub. L. 101–511, title VIII, § 8019], Nov. 5, 1990, [104 Stat. 1879], provided that: “None of the funds appropriated by this Act [see Tables for classification] or hereafter shall be used to purchase dogs or cats or otherwise fund the use of dogs or cats for the purpose of training Department of Defense students or other personnel in surgical or other medical treatment of wounds produced by any type of weapon: Provided, That the standards of such training with respect to the treatment of animals shall adhere to the Federal Animal Welfare Law and to those prevailing in the civilian medical community.”
Restoration, Cancellation, or Closure of Certain Department of Defense Appropriation Account Balances
[Pub. L. 101–511, title VIII, § 8080], Nov. 5, 1990, [104 Stat. 1893], provided that:“(a) Upon the date of enactment of this Act [Nov. 5, 1990], the balances of any unobligated amount of an appropriation of the Department of Defense which has been withdrawn under the provisions of [section 1552(a)(2) of title 31], United States Code, the obligated balance of which has not been transferred pursuant to the provisions of [section 1552(a)(1) of title 31], United States Code, shall be restored to that appropriation. Thirty days following enactment of this Act all balances of unobligated funds withdrawn from any account of the Department of Defense under the provisions of [section 1552(a)(2) of title 31], United States Code, prior to the enactment of this Act, (other than those restored pursuant to the provisions of this subsection) are cancelled.“(b) During the current fiscal year and thereafter—“(1) on the 3rd September 30th after enactment of this section [Nov. 5, 1990], all obligated balances transferred under [section 1552(a)(1) of title 31], United States Code;“(2) on September 30th of the 5th fiscal year after the period of availability of an appropriation account of the Department of Defense available for obligation for a definite period ends or has ended, with respect to those accounts which, upon the date of enactment of this section have expired for obligation but whose obligated balances have not been transferred pursuant to the provisions of [section 1552(a)(1) of title 31], United States Code; and“(3) with respect to any appropriation account made available to the Department of Defense for an indefinite period against which no obligations have been made for two consecutive years and upon a determination by the Secretary of Defense or the President that the purposes of such indefinite appropriation have been carried out,any remaining obligated or unobligated balance of such accounts are closed and thereafter shall not be available for obligation or expenditure for any purpose: Provided, That collections authorized to be credited to an account which were not credited to the account before it was closed shall be deposited in the Treasury as miscellaneous receipts: Provided further, That, without prior action by the Comptroller General but without relieving the Comptroller General of the duty to make decisions under any law or to settle claims and accounts, when an account is closed (including accounts covered by subsection (a) of this section) and currently applicable appropriations of the Department of Defense are not chargeable, obligations and adjustments to obligations that would have been chargeable to an account prior to closing, may be chargeable to currently applicable appropriations of the Department of Defense available for the same purpose in amounts equal to one percent of the total appropriation for the current account or the amount of the original appropriation, whichever is less: Provided further, That after the end of the period of availability of an appropriation account available for a definite period and before closing of that account under this section such account shall be available for recording, adjusting, and liquidating obligations properly chargeable to such account in amounts not to exceed the unobligated expired balances of such appropriation: Provided further, That with respect to a change to a contract under which the contractor is required to perform additional work, other than adjustments to pay claims or increases under an escalation clause (hereinafter referred to as a contract change), if such a charge for such a contract change with respect to a program, project or activity would cause the total amount of such obligations to exceed $4,000,000 in any single fiscal year for a program, project, or activity, the obligation may only be made if the obligation is approved by the Secretary of Defense or, if such a change would cause the total amount of such obligations to exceed $25,000,000 in any single fiscal year for a program, project or activity, the obligation may be made only after 30 days have elapsed after the Secretary of Defense submits to the Committees on Appropriations and Armed Services of the Senate and the House of Representatives a notice of the intention to obligate such funds, together with the legal basis and the policy reasons for making such an obligation.“(c) The provisions of this section shall apply to any appropriation account now or hereafter made unless the appropriation Act for that account specifically provides for an extension of the availability of such account and provides an exception to the five year period of availability for recording, adjusting and liquidating obligations properly chargeable to that account.”
Availability of Appropriations
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 Appropriations Act, 1990, [Pub. L. 101–165, title IX], §§ 9002, 9006, 9020, 9025, 9030, 9079, Nov. 21, 1989, [103 Stat. 1129], 1130, 1133–1135, 1147:“Sec. 9002. [Authorized Secretaries of Defense, Army, Navy, and Air Force to procure services in accordance with [section 3109 of Title 5], Government Organization and Employees, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals while traveling from their homes or places of business to official duty stations and return; and was repealed and restated in [section 129b of this title] by [Pub. L. 101–510, div. A, title XIV, § 1481(b)(1)], (3), Nov. 5, 1990, [104 Stat. 1704], 1705.]“Sec. 9006. [Provided that no appropriations available to the Department of Defense could be used for operating aircraft under the jurisdiction of the armed forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with regulations prescribed by the Secretary of Defense; and was repealed and restated in [section 2245 of this title] by [Pub. L. 101–510, div. A, title XIV, § 1481(e)(1)], (3), Nov. 5, 1990, [104 Stat. 1706].]“Sec. 9020. [Provided that no funds available to the Department of Defense could be used to provide medical care in the United States on an inpatient basis to foreign military and diplomatic personnel or their dependents unless the Department is reimbursed for the costs of providing such care; and was repealed and restated in [section 2549 of this title] by [Pub. L. 101–510, div. A, title XIV, § 1481(f)(1)], (3), Nov. 5, 1990, [104 Stat. 1707].]“Sec. 9025. [Provided that no funds available to the Department of Defense could be used to lease to non-Federal agencies in the United States aircraft or vehicles owned or operated by the Department when suitable aircraft or vehicles are commercially available in the private sector; and was repealed and restated in [section 2550 of this title] by [Pub. L. 101–510, div. A, title XIV, § 1481(g)(1)], (4), Nov. 5, 1990, [104 Stat. 1707].]“Sec. 9030. [Provided that funds available to the Department of Defense could be used by the Department for helicopters and motorized equipment at Defense installations for removal of feral burros and horses; and was repealed and restated in [section 2678 of this title] by [Pub. L. 101–510, div. A, title XIV, § 1481(h)(1)], (3), Nov. 5, 1990, [104 Stat. 1708].]“Sec. 9079. None of the funds appropriated by this Act or hereafter shall be obligated for the second career training program authorized by [Public Law 96–347] [amending sections 2109, 3307, 3381 to 3385, and 8335 of Title 5, Government Organization and Employees].”
The following general provision, that had been repeated as fiscal year provision in prior appropriation acts, was enacted as permanent law in the Department of Defense Appropriations Act, 1989, [Pub. L. 100–463, title VIII, § 8098], Oct. 1, 1988, [102 Stat. 2270–35], which provided that appropriations available to the Department of Defense for operation and maintenance could be used to pay claims authorized by law to be paid by the Department (except for civil functions), was repealed and restated in [section 2732 of this title] by [Pub. L. 101–510, div. A, title XIV, § 1481(j)(1)], (3), Nov. 5, 1990, [104 Stat. 1708], 1709.
