Historical and Revision Notes | ||
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1962 Act | ||
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
133(a) 133(b) 133(c) 133(d) | 5:171(a) (last 10 words). 5:171a(a). 5:171a(b). 5:171a(d). 5:171a–1. 5:171a(f). 5:171n(a) (as applicable to 5:171a(f)). | July 26, 1947, ch. 343, §§ 201(a) (last 10 words), 202(a),(b); restated Aug. 10, 1949, ch. 412, §§ 4 (last 10 words of 1st par.), 5 (1st and 2d pars.), 63 Stat. 579, 580. |
| [Uncodified: 1953 Reorg. Plan No. 6, § 5, eff. June 30, 1953, 67 Stat. 639]. 5:171n(a). | July 26, 1947, ch. 343, § 202(d); added Apr. 2, 1949, ch. 47, § 1; restated Aug. 10, 1949, ch. 412, § 5 (9th par.); restated Aug. 6, 1958, Pub. L. 85–599, § 3(b), 72 Stat. 516. |
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| July 26, 1947, ch. 343, § 202(f); added Aug. 10, 1949, ch. 412, § 5 (11th par.), 63 Stat. 581. |
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| July 26, 1947, ch. 343, § 308(a) (as applicable to § 202(f)), 61 Stat. 509. |
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| July 9, 1952, ch. 608, § 257(e), 66 Stat. 497; Sept. 3, 1954, ch. 1257, § 702(c), 68 Stat. 1189. |
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| 1953 Reorg. Plan No. 6, § 5, eff. June 30, 1953, 67 Stat. 639. |
In subsection (a), the last sentence is substituted for 5 U.S.C. 171a(a) (proviso).
In subsection (b), the words “this title and section 401 of title 50” are substituted for 5 U.S.C. 171a(b) (13th through 30th words of last sentence), since those words merely described the coverage of this title and section 401 of title 50.
In subsection (c), the words “during the period covered by the report” are inserted for clarity. The following substitutions are made: “under section 125 of this title” for “pursuant to the provisions of this Act” since 125 of this title relates to the duty of the Secretary of Defense to take action to save public funds and to eliminate duplication in the Department of Defense; and the last 22 words of clause (3) for 5 U.S.C. 171a–1 (last 13 words).
In subsection (d), section 5 of 1953 Reorganization Plan No. 6 is omitted as covered by 5 U.S.C. 171a(f).
1982 Act | ||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
133(e) | 10:133 (note). | Oct. 7, 1975, Pub. L. 94–106, § 812, 89 Stat. 540. |
The words “prepare and” are omitted as surplus.
Subsection (k) is based on Pub. L. 100–202, § 101(b) [title VIII, § 8042], 101 Stat. 1329–69.
Section 8042 of the FY88 Defense Appropriations Act (Public Law 100–202) established a requirement for the Secretary of Defense to submit an annual report on the cost of stationing United States forces overseas. Under that section, the annual report is to be sent to the Committees on Appropriations of the two Houses. In codifying that section as section 113(k) of title 10, the committee added the two Armed Services Committees as committees to be sent the annual report. This minor change from the source law does not change the nature of the report to be submitted.
The committee notes that the source section does not specify the period of time to be covered by the report. In the absence of statutory language specifying the period to be covered by the report, it would seem reasonable to conclude that the report should cover the previous fiscal year. The committee notes, however, that the report of the Senate Appropriations Committee on its FY88 defense appropriations bill (S. Rpt. 100–235) states that this new annual report “should cover the budget years and the 2 previous fiscal years” (page 54). The committee believes that such a requirement may be unnecessarily burdensome and in any case, if such a requirement is intended, should be stated in the statute. In the absence of clear intent, the provision is proposed to be codified without specifying the period of time to be covered by the annual report.
In codifying this provision, the committee also changed the term “United States troops” in the source law to “United States forces” for consistency in usage in title 10 and as being preferable usage. No change in meaning is intended. The committee also changed “overseas” to “outside the United States” and defined “United States” for this purpose to include the territories and possessions of the United States. The committee was concerned that the term “overseas” read literally could include Hawaii or Guam, an interpretation clearly not intended in enacting section 8042. The committee notes that the Senate report referred to above states “For the purposes of this report [meaning the new DOD annual report], U.S. forces stationed overseas are considered to be those outside of the United States and its territories.”. The committee extrapolates from this statement that provisions in the report requirement relating to expenditures “overseas” and costs incurred “overseas” are also to be construed as relating to matters outside the United States and its territories and has prepared the codified provision accordingly.
The General Schedule, referred to in subsec. (m)(9)(A), (C), is set out under section 5332 of Title 5, Government Organization and Employees.
Senior Executive Service, referred to in subsec. (m)(9)(B), (C), see section 5382 of Title 5, Government Organization and Employees.
The Inspector General Act of 1978, referred to in subsec. (o), is Pub. L. 95–452,
2022—Subsec. (g)(1)(D). Pub. L. 117–263, § 1041, substituted “in both classified and unclassified form. The unclassified form may not be a summary of the classified document.” for “in classified form with an unclassified summary.”
Subsec. (l)(2)(F). Pub. L. 117–263, § 1081(a)(2)(A), inserted period after “inclusion in the armed forces”.
Subsec. (m)(5), (6). Pub. L. 117–263, § 511(4), added pars. (5) and (6). Former pars. (5) and (6) redesignated (7) and (8), respectively.
Subsec. (m)(7). Pub. L. 117–263, § 511(3), redesignated par. (5) as (7). Former par. (7) redesignated (9).
Subsec. (m)(8). Pub. L. 117–263, § 511(3), redesignated par. (6) as (8).
Pub. L. 117–263, § 511(2), redesignated par. (8) relating to providing assessment of pool of officers best qualified for promotion in each military department and United States Coast Guard in report as (10).
Pub. L. 117–263, § 511(1), redesignated par. (8) relating to providing any other matter Secretary considers appropriate in report as (11).
Subsec. (m)(9). Pub. L. 117–263, § 1081(a)(2)(B), which directed redesignation of “second paragraph (8) as paragraph (9)”, was not executed in light of the redesignations made by section 511 of Pub. L. 117–263, notwithstanding section 1081(f) of Pub. L. 117–263, set out as a note under section 102 of this title, which provided that amendments made by section 1081 of Pub. L. 117–263 should be treated as having been enacted immediately before other amendments by Pub. L. 117–263.
Pub. L. 117–263, § 511(3), redesignated par. (7) as (9).
Subsec. (m)(10). Pub. L. 117–263, § 511(2), redesignated par. (8) relating to providing assessment of pool of officers best qualified for promotion in each military department and United States Coast Guard in report as (10).
Subsec. (m)(11). Pub. L. 117–263, § 511(1), redesignated par. (8) relating to providing any other matter Secretary considers appropriate in report as (11).
2021—Subsec. (a). Pub. L. 117–81, § 901(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.”
Subsec. (c)(2). Pub. L. 117–81, § 1101(1), inserted “of members and civilian employees” after “inclusion”.
Pub. L. 117–81, § 573(1), inserted before semicolon at end “, including the status of diversity and inclusion in the military service academies, the Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps programs of such department”.
Pub. L. 116–283, § 551(a)(1)(A)(ii), added par. (2). Former par. (2) redesignated (3).
Subsec. (c)(3), (4). Pub. L. 116–283, § 551(a)(1)(A)(i), redesignated pars. (2) and (3) as (3) and (4), respectively.
Subsec. (g)(1)(B)(ii). Pub. L. 117–81, § 311(a)(1)(A), substituted “actors, and the current or projected threats to military installation resilience,” for “actors,”.
Subsec. (g)(1)(B)(vii). Pub. L. 116–283, § 551(a)(1)(B), added cl. (vii).
Subsec. (g)(1)(B)(viii). Pub. L. 116–283, § 1883(b)(2), substituted “section 4801” for “section 2500”.
Pub. L. 116–283, § 881(a)(1), added cl. (viii).
Subsec. (g)(1)(B)(ix). Pub. L. 116–283, § 811(a)(1), added cl. (ix).
Subsec. (g)(1)(B)(x). Pub. L. 117–81, § 311(a)(1)(B), added cl. (x).
Subsec. (g)(2)(A). Pub. L. 117–81, § 311(a)(2), substituted “priorities, including priorities relating to the current or projected risks to military installation resilience,” for “priorities,” in introductory provisions.
Subsec. (l). Pub. L. 116–283, § 551(a)(1)(D), added subsec. (l).
Subsec. (l)(1)(B), (C). Pub. L. 117–81, § 1101(2)(A), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (l)(2)(B). Pub. L. 117–81, § 1101(2)(B), inserted “and civilian employees of the Department” after “members of the armed forces”.
Subsec. (m). Pub. L. 116–283, § 551(a)(1)(D), added subsec. (m). Former subsec. (m) redesignated (n).
Subsec. (m)(5), (6). Pub. L. 117–81, § 573(2)(A), (B), added par. (5) and redesignated former par. (5) as (6). Former par. (6) redesignated (7).
Subsec. (m)(7), (8). Pub. L. 117–81, § 1101(3), added par. (7) and redesignated former par. (7), relating to providing assessment of pool of officers best qualified for promotion in each military department and United States Coast Guard in report, as (8).
Pub. L. 117–81, § 573(2)(A), redesignated pars. (6) and (7), relating to providing any other matter Secretary considers appropriate in report, as (7) and (8), respectively.
Subsecs. (n), (o). Pub. L. 116–283, § 551(a)(1)(C), redesignated subsecs. (m) and (n) as (n) and (o), respectively.
2019—Subsec. (j)(1). Pub. L. 116–92, § 1731(a)(3), inserted “the” before “congressional defense committees”.
Subsec. (n). Pub. L. 116–92, § 1732(a), added subsec. (n).
2018—Subsec. (g)(2) to (4). Pub. L. 115–232 added pars. (2) to (4) and struck out former pars. (2) to (4) which related to annual provision of written policy guidance for preparation and review of program recommendations and budget proposals, provision every two years of written policy guidance for preparation and review of contingency plans including those providing support to civil authorities in an incident of national significance or a catastrophic incident, and provision to congressional defense committees of a detailed classified briefing summarizing such guidance not later than Feb. 15 in any calendar year in which guidance is required.
2017—Subsec. (c). Pub. L. 115–91, § 1051(a)(1)(A), redesignated par. (1) as subsec. (c) and subpars. (A) to (C) of former par. (1) as pars. (1) to (3), respectively, and struck out former par. (2) which read as follows: “At the same time that the Secretary submits the annual report under paragraph (1), the Secretary shall transmit to the President and Congress a separate report from the Reserve Forces Policy Board on any reserve component matter that the Reserve Forces Policy Board considers appropriate to include in the report.”
Subsec. (j)(1). Pub. L. 115–91, § 1081(a)(1), substituted “congressional defense committees” for “the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives” in introductory provisions.
Subsec. (l). Pub. L. 115–91, § 1051(a)(1)(B), struck out subsec. (l) which listed items to be included in the Secretary’s annual report to Congress under subsec. (c).
2016—Subsec. (g). Pub. L. 114–328 amended subsec. (g) generally. Prior to amendment, subsec. (g) required Secretary of Defense to provide annually to Department of Defense heads written policy guidance for preparation and review of program recommendations and budget proposals, to provide to the Chairman of the Joint Chiefs of Staff written policy guidance for contingency plans for homeland defense and for military support to civil authorities, and to include in budget materials submitted to Congress summaries of the guidance developed and summaries of any plans developed in accordance with that guidance.
2015—Subsec. (g)(3). Pub. L. 114–92 added par. (3).
2014—Subsec. (b). Pub. L. 113–291, § 1071(c)(1), substituted “(50 U.S.C. 3002)” for “(50 U.S.C. 401)”.
Subsec. (e)(2). Pub. L. 113–291, § 1071(c)(2), substituted “(50 U.S.C. 3043)” for “(50 U.S.C. 404a)”.
2013—Subsec. (c)(2). Pub. L. 112–239 struck out “on” after “Board on”.
2011—Subsec. (c)(2). Pub. L. 111–383 substituted “on any reserve component matter” for “the reserve programs of the Department of Defense and on any other matters”.
Subsec. (j)(1)(A) to (C). Pub. L. 112–81, § 1064(1)(A), added subpar. (B), redesignated former subpar. (B) as (A), and struck out former subpars. (A) and (C) which read as follows:
“(A) Costs incurred in the United States and costs incurred outside the United States in connection with the stationing of United States forces outside the United States.
“(C) The effect of such expenditures outside the United States on the balance of payments of the United States.”
Subsec. (j)(2), (3). Pub. L. 112–81, § 1064(1)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “Each report under this subsection shall be prepared in consultation with the Secretary of Commerce.”
Subsec. (l). Pub. L. 112–81, § 933(a), amended subsec. (l) generally. Prior to amendment, subsec. (l) related to contents of the Secretary’s annual report to Congress under subsec. (c).
2008—Subsec. (a). Pub. L. 110–181, § 903(a), substituted “seven” for “10”.
Subsec. (g)(2). Pub. L. 110–181, § 1815(e), substituted “contingency plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities” for “contingency plans”.
1999—Subsec. (j)(1). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security” in introductory provisions.
1998—Subsec. (l). Pub. L. 105–261, § 915(a), added subsec. (l).
Subsec. (m). Pub. L. 105–261, § 1212(b), added subsec. (m).
1997—Subsec. (g)(2). Pub. L. 105–85 struck out “annually” after “Staff, shall provide” and inserted “be provided every two years or more frequently as needed and shall” after “Such guidance shall”.
1996—Subsec. (c). Pub. L. 104–201, § 1255(c)(2)–(5), inserted “(1)” after “(c)”, redesignated former pars. (1), (2), and (4) as subpars. (A), (B), and (C), respectively, inserted “and” at end of subpar. (B), and added par. (2).
Subsec. (c)(3). Pub. L. 104–201, § 1255(c)(1), struck out par. (3) which read as follows: “a report from the Reserve Forces Policy Board on the reserve programs of the Department of Defense, including a review of the effectiveness of chapters 51, 337, 361, 363, 549, 573, 837, 861 and 863 of this title, as far as they apply to reserve officers; and”.
Pub. L. 104–106, § 1501(a)(8)(B), made technical correction to directory language of Pub. L. 103–337, § 1671(c)(2). See 1994 Amendment note below.
Subsec. (i)(2)(B). Pub. L. 104–106, § 1503(a)(1), substituted “the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221” for “the five years covered by the five-year defense program submitted to Congress during that year pursuant to section 114(g)”.
Subsec. (j)(1). Pub. L. 104–106, § 1502(a)(3), substituted “Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the” for “Committees on Armed Services and Committees on Appropriations of the Senate and”.
1994—Subsec. (c)(3). Pub. L. 103–337, § 1671(c)(2), as amended by Pub. L. 104–106, § 1501(a)(8)(B), which directed the substitution of “1219 and 1401 through 1411 of this title” for “51, 337, 361, 363, 549, 573, 837, 861 and 863 of this title, as far as they apply to reserve officers”, effective
Subsec. (e)(2). Pub. L. 103–337, § 1070(a)(1), substituted “section 108” for “section 104”.
1991—Subsec. (i)(2)(C) to (E). Pub. L. 102–190 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.
1990—Subsecs. (i) to (l). Pub. L. 101–510 redesignated subsecs. (j) to (l) as (i) to (k), respectively, and struck out former subsec. (i) which read as follows: “The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, recommending the amount of funds to be appropriated to the Department of Defense for the next fiscal year for functions relating to the formulation and carrying out of Department of Defense policies on the control of technology transfer and activities related to the control of technology transfer. The Secretary shall include in that report the proposed allocation of the funds requested for such purpose and the number of personnel proposed to be assigned to carry out such activities during such fiscal year.”
1989—Subsec. (j)(2)(B). Pub. L. 101–189 substituted “five-year defense program” for “Five-Year Defense Program”.
1988—Subsec. (j). Pub. L. 100–456, § 731, designated existing provisions as par. (1), struck out provision requiring that each report be transmitted in both a classified and an unclassified form, and added pars. (2) and (3).
Subsec. (k). Pub. L. 100–370 added subsec. (k).
Subsec. (l). Pub. L. 100–456, § 1101, added subsec. (l).
1987—Subsec. (e)(2). Pub. L. 100–26 inserted “(50 U.S.C. 404a)” after “National Security Act of 1947”.
Subsec. (j). Pub. L. 100–180 added subsec. (j).
1986—Pub. L. 99–433, § 110(d)(2), struck out “: appointment; powers and duties; delegation by” at end of section catchline.
Subsecs. (a) to (e). Pub. L. 99–443, § 101(a)(2), redesignated subsecs. (a) to (e) of section 133 of this title as subsecs. (a) to (e) of this section.
Pub. L. 99–433, § 301(b)(2), substituted “sections 125 and 191” for “section 125” in subsec. (c)(2).
Pub. L. 99–433, § 603(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “After consulting with the Secretary of State, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives before February 1 of each year a written report on—
“(1) the foreign policy and military force structure for the next fiscal year;
“(2) the relationship of that policy and structure to each other; and
“(3) the justification for the policy and structure.”
Subsecs. (f) to (h). Pub. L. 99–433, § 102, added subsecs. (f) to (h).
Subsec. (i). Pub. L. 99–433, §§ 101(a)(2), 110(b)(2), successively redesignated subsec. (h) of section 138 of this title as subsec. (h) of section 114 of this title and then as subsec. (i) of this section.
1982—Subsec. (e). Pub. L. 97–295 added subsec. (e).
Subsec. (i) [formerly § 138(h)]. Pub. L. 97–252, § 1105, added subsec. (h). See 1986 Amendment note above.
1980—Subsec. (b). Pub. L. 96–513 substituted “section 2 of the National Security Act of 1947 (50 U.S.C. 401)” for “section 401 of title 50”.
Pub. L. 117–81, div. A, title IX, § 901(g),
Amendment by section 1883(b)(2) of Pub. L. 116–283 effective
Pub. L. 115–91, div. A, title X, § 1051(z), “(1) the date of the enactment of this Act [“(2)
Pub. L. 104–106, div. A, title XV, § 1501(f)(3),
Amendment by section 1671(c)(2) of Pub. L. 103–337 effective
Amendment by Pub. L. 96–513 effective
For termination, effective
For termination, effective
Pub. L. 116–283, div. A, title I, § 152,
Pub. L. 118–31, div. A, title X, § 1087,
Pub. L. 118–31, div. A, title XII, § 1250,
Pub. L. 118–31, div. A, title XII, § 1266, “(a) Not later than “(b) The plan required by subsection (a) shall include the following:“(1) The provision of available equipment to Iraq and the Iraqi Kurdistan Region to counter the air and missile threats addressed in the report, to include air defense systems, to counter attack by missiles, rockets, and unmanned systems.“(2) The provision of appropriate training of Iraqi security forces and Kurdish Peshmerga forces to support fielding and operational employment of the available equipment described in paragraph (1).“(c) “(1) The Secretary of Defense shall begin implementation of the plan required by subsection (a) not later than 90 days after development of the plan required by subsection (a).“(2) The Secretary of Defense may delay implementation of the plan required by subsection (a) if such implementation would adversely impact United States stocks and readiness.“(3) If the Secretary of Defense exercises the waiver authority under paragraph (2), the Secretary shall—“(A) notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the exercise of such authority and the reason therefor not later than 10 days prior to the exercise of such authority; and“(B) notify the congressional defense committees of the exercise of such authority every 30 days thereafter until implementation of the plan required by subsection (a) begins.“(d) Not later than
Pub. L. 117–263, div. A, title X, § 1047, “(a) The Secretary of Defense may facilitate the introduction of entities for the purpose of discussing a covered transaction that the Secretary has determined is in the national security interests of the United States.“(b) The term ‘covered transaction’ means a transaction that the Secretary has reason to believe would likely involve an entity affiliated with a strategic competitor unless an alternative transaction were to occur.”
Pub. L. 117–263, div. A, title X, § 1065, “(1) A description of how the decision supports the national defense strategy, the national military strategy, the North American Aerospace Defense Command strategy, and other relevant strategies.“(2) A specific analysis and metrics supporting such decision.“(3) An analysis and metrics to show that the elimination or relocation of the flying mission would not negatively affect broader mission sets, such as the homeland defense mission.“(4) A plan for how the Department of Defense intends to fulfill or continue to meet the mission requirements of the eliminated or relocated flying mission.“(5) An assessment of the effect of the elimination or relocation on the national defense strategy, the national military strategy, the North American Aerospace Defense Command strategy, and broader mission sets, such as the homeland defense mission.“(6) An analysis and metrics to show that the elimination or relocation of the flying mission and its secondary and tertiary impacts would not degrade capabilities and readiness of the Joint Force.“(7) An analysis and metrics to show that the elimination or relocation of the flying mission would not negatively affect the continental United States national airspace system.”
Pub. L. 118–31, div. A, title X, § 1088, “(a) Not later than “(b) The implementation plan required by subsection (a) shall include—“(1) timelines for the development of integrated competitive strategies for engaging in strategic competition, as described in the Joint Concept for Competing, to address the challenges posed by specific competitors, including such strategies designed to—“(A) deter adversarial military action;“(B) counter the efforts of specific competitors, as necessary; and“(C) support the efforts of the United States interagency and foreign allies, partners, and multilateral organizations;“(2) an identification of any relevant updates to joint doctrine or professional military education;“(3) a description of the integration of the Joint Concept for Competing with other joint force development and design efforts;“(4) a description of concept-required capabilities that are necessary for joint force development and design in support of the Joint Concept for Competing, including the assignment of roles and responsibilities and the timelines for attaining such capabilities;“(5) a description of efforts to coordinate and synchronize Department of Defense activities with the activities of interagency and foreign partners for the purpose of integrated campaigning;“(6) an identification of any recommendations to better integrate the role of the Joint Force, as identified by the Joint Concept for Competing, with national security efforts of interagency and foreign partners;“(7) an identification of any changes to authorities or resources necessary to implement the Joint Concept for Competing; and“(8) a description of any other matters the Chairman determines appropriate.“(c) Not later than 180 days after the delivery of the implementation plan required under subsection (a), and every 180 days thereafter through
Pub. L. 117–263, div. A, title X, § 1074, “(a) Not later than 90 days after the date of the enactment of this Act [“(b) The purposes of the Joint Concept for Competing are to—“(1) define the roles and missions of the Department of Defense in long-term strategic competition with specific competitors;“(2) conceptualize the employment of joint forces capabilities to deter adversarial military action by strategic competitors;“(3) describe the manner in which the Department of Defense will use its forces, capabilities, posture, indications and warning systems, and authorities to protect United States national interests in the course of participating in long-term strategic competition, including through—“(A) departmental efforts to integrate Department of Defense roles and missions with other instruments of national power;“(B) security cooperation with partners and allies; and“(C) operations relating to long-term strategic competition, particularly below the threshold of traditional armed conflict;“(4) identify priority lines of effort and assign responsibility to relevant Armed Forces, combatant commands, and other elements of the Department of Defense for each specified line of effort in support of the Joint Concept for Competing; and“(5) provide means for integrating and continuously improving the ability of the Department to engage in long-term strategic competition.“(c) “(1) Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for two years, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the implementation of the Joint Concept for Competing.“(2) Each report required under paragraph (1) shall include the following elements:“(A) A detailed description of any actions taken by the Department of Defense relative to the purposes specified under subsection (b).“(B) An articulation of any new concepts or strategies necessary to support the Joint Concept for Competing.“(C) An articulation of any capabilities, resources, or authorities necessary to implement the Joint Concept for Competing.“(D) An explanation of the manner in which the Joint Concept for Competing relates to and integrates with the Joint Warfighting Concept.“(E) An explanation of the manner in which the Joint Concept for Competing synchronizes and integrates with efforts of other departments and agencies of the United States Government to address long-term strategic competition.“(F) Any other matters the Secretary of Defense determines relevant.”
Pub. L. 117–263, div. A, title XV, § 1510, “(a) “(1) The Secretary of Defense shall establish forces, capabilities, and information support to enable the delivery of non-kinetic effects that provide increased survivability and effectiveness of military forces within a defense planning scenario.“(2) To support the development of the forces, capabilities, and information support under paragraph (1), the Secretary shall establish a force planning activity to identify and define the relevant forces, capabilities, and information support required to develop and deliver non-kinetic effects within a defense planning scenario. The Secretary shall ensure that the force planning activity identifies—“(A) desired operational effects within such scenario;“(B) the gaps that limit the ability to access important targets, the development of capabilities, the conduct of mission planning, and the execution of operations to deliver such effects;“(C) the collection systems, analytic expertise and capacity, analytic tools and processes, foreign materiel, and product lines required to support development and delivery of such effects;“(D) the forces required to deliver such effects, including associated doctrine, training, expertise, organization, authorities, and command and control arrangements; and“(E) the cyber, electronic warfare, sensing, and communications capabilities, and delivery platforms and mechanisms, required to achieve such effects and the extent to which such capabilities, platforms, and mechanisms should be integrated with each other.“(3) During an initial period of not less than 24 months, the Under Secretary of Defense for Research and Engineering shall organize the force planning activity established under paragraph (2). The Under Secretary shall designate a planning official from the Office of the Under Secretary for Research and Engineering to lead development and execution of the force planning activity, in coordination with staff designated by the Director of the Joint Staff of the Joint Chiefs of Staff. The designated planning official shall select a lead technical director. After such initial period, the Secretary may re-assign the force planning activity to another organization under different leadership.“(4) Not later than 270 days after the date of the enactment of this Act [“(A) includes the identification of dedicated resources to be controlled by the designated planning official described in paragraph (3) and an approach under which the planning official apportions such resources across the Department of Defense to establish, augment, and accelerate new and ongoing activities described in paragraph (1) and subsections (b), (c), and (d); and“(B) identifies—“(i) a dedicated program element for non-kinetic force development;“(ii) the suitability of the mission management authorities established through the pilot program under section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 191 note);“(iii) the utility of using joint capability technology demonstrations to drive prototyping, experimentation, and technical integration of non-kinetic capabilities;“(iv) how the Rapid Defense Experimentation Reserve might drive prototyping, experimentation, and technical integration of non-kinetic capabilities; and“(v) alignment with other experimentation activities with the appropriate combatant commands.“(5) During the initial period specified in paragraph (3), the designated planning official described in such paragraph shall report directly to the Deputy Secretary of Defense, to whom the official shall provide updates and recommendations not less frequently than quarterly. The Secretary shall ensure that the force planning activity established under paragraph (2) is supported by representatives from the military services, relevant combatant commands, the Strategic Capabilities Office, the Defense Advanced Research Projects Agency, and other elements within the Department of Defense, as appropriate.“(b) In order to generate the forces identified in subsection (a)(2)(D), the Secretary of Defense shall—“(1) through the Secretaries of the military departments and the heads of other Department of Defense components, as appropriate, establish appropriate forces and accompanying doctrine, training, and tradecraft;“(2) acting through the Vice Chairman of the Joint Chiefs of Staff, serving as the Chairman of the Joint Requirements Oversight Council, ensure that appropriate requirements exist to guide the development and fielding of forces and means to deliver non-kinetic effects within a defense planning scenario;“(3) through the Under Secretary of Defense for Policy, in coordination with the Chairman of the Joint Chiefs of Staff and the combatant commands, establish appropriate command and control structures and relationships governing such forces; and“(4) determine the appropriate responsibilities of—“(A) Cyber Mission Force of the United States Cyber Command;“(B) cyber, electronic warfare, and space forces provided to other combatant commands; and“(C) other operational entities within the Department of Defense in delivering non-kinetic effects.“(c) In order to develop the capabilities identified in subsection (a)(2)(E), the Secretary of Defense, acting through the Director of the Defense Advanced Research Projects Agency, the Director of the Strategic Capabilities Office, the Secretaries of the military departments, and the heads of other elements of the Department of Defense, shall develop the capabilities required for the delivery of non-kinetic effects within a defense planning scenario.“(d) The Secretary of Defense, acting through the Under Secretary of Defense for Policy and in coordination with the Chairman of the Joint Chiefs of Staff, shall develop policy governing the delivery of non-kinetic effects within a defense planning scenario.“(e) Not later than one year after the date of the enactment of this Act [“(f) In this section, the term ‘non-kinetic effects’ means effects achieved through radio-frequency transmission of integrated cyber and electronic warfare techniques and other related and supporting technical measures.”
Pub. L. 117–81, div. A, title III, §§ 331, 334, “SEC. 331. DEFINITIONS.“In this subtitle [subtitle C (§§ 331–335) of title III of div. A of Pub. L. 117–81, enacting section 2285 of this title, amending sections 101 and 2504 of this title, and enacting this note]:“(1) The terms ‘climate resilience’ and ‘extreme weather’ have the meanings given such terms in section 101(a) of title 10, United States Code, as amended by section 332.“(2) The term ‘climate security’ has the meaning given such term in the second subsection (e) of section 120 of the National Security Act of 1947 (50 U.S.C. 3060(e)).“(3) The term ‘military installation resilience’ has the meaning given such term in section 101(e) of title 10, United States Code [now 10 U.S.C. 101(f)].“SEC. 334. CLIMATE RESILIENCE IN PLANNING, ENGAGEMENT STRATEGIES, INFRASTRUCTURE, AND FORCE DEVELOPMENT OF DEPARTMENT OF DEFENSE.“(a) The Secretary of Defense shall direct that the acquisition, budget planning and execution, infrastructure planning and sustainment, force development, engagement strategy development, security assistance, and other core processes of the Department of Defense fully consider and make needed adjustments to account for current and emerging climate and environmental challenges and to ensure the climate resilience of assets and capabilities of the Department, to include cost effectiveness over the life cycle of the investment weighed against threat reduction.“(b) “(1) The Secretary shall conduct a mission impact assessment on climate resilience for the Department.“(2) The assessment conducted under paragraph (1) shall include the following:“(A) An assessment of the direct impacts of extreme weather on the deployment and operations of the Armed Forces, and the manner in which extreme weather may impact the requirements of the commanders of the combatant commands in the respective areas of responsibility of such commanders, including—“(i) an assessment of the evolving posture of peer competitors and impacts to deployment and operations of peer competitors due to extreme weather;“(ii) an assessment of the impacts of expanding requirements for Department humanitarian assistance and disaster response due to extreme weather;“(iii) a threat assessment of the impacts of extreme weather, drought, and desertification on regional stability;“(iv) an assessment of risks to home station strategic and operational support area readiness, including the strategic highway network, the strategic rail network, and strategic air and sea ports; and“(v) the development of standards for data collection to assist decision-making processes for research, development, and acquisition priorities for installation and infrastructure resilience to extreme weather.“(B) A long-term strategic plan, including war games and exercises, centered on climate-driven crises, and a long-term assessment of climate security by the Office of Net Assessment of the Department.“(C) A review outlining near-term and long-term needs for research, development, and deployment for equipment and other measures required to assure the resilience of the assets and capabilities of the Department and each component thereof, and of key elements of the defense industrial base and supporting transportation networks, to the impacts of extreme weather.“(c) “(1) Not later than one year after the date of the enactment of this Act [“(2) Each report required by paragraph (1) shall identify research, development, and deployment needs for each combatant command and functional command.”
Pub. L. 117–81, div. A, title III, § 378, “(a) Not later than 180 days after the date of the enactment of this Act [“(b) Not later than 60 days after completing the review under subsection (a), the Secretary of Defense shall direct each Secretary of a military department to update or establish, as applicable, standard tactics, techniques, and procedures, including down to the operational level, pertaining to emissions control discipline during all phases of operations.“(c) Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation status of the tactics, techniques, and procedures updated or established, as applicable, under subsection (b) by each of the military departments, including—“(1) incorporation into doctrine of the military departments;“(2) integration into training of the military departments; and“(3) efforts to coordinate with the militaries of partner countries and allies to develop similar standards and associated protocols, including through the use of working groups.”
Pub. L. 117–81, div. A, title III, § 382, “(a) “(1) The Secretary of Defense shall conduct a formal investigation into all incidents of lazing of military aircraft that occurred during fiscal year 2021. The Secretary shall carry out such investigation in coordination and collaboration with appropriate non-Department of Defense entities.“(2) Not later than “(b) The Secretary shall seek to increase information sharing between the Department of Defense and the States with respect to incidents of lazing of military aircraft, including by entering into memoranda of understanding with State law enforcement agencies on information sharing in connection with such incidents to provide for procedures for closer cooperation with local law enforcement in responding to such incidents as soon as they are reported.“(c) The Secretary shall collect such data as may be necessary to track the correlation between noise complaints and incidents of military aircraft lazing.“(d) The Secretary shall give consideration to adapting local operating procedures in areas with high incidence of military aircraft lazing incidents to reduce potential injury to aircrew.“(e) The Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment that protects against the most commonly available green light lasers that are available to the public. If the Secretary determines that no such laser eye protection equipment is available, the Secretary shall conduct research and develop such equipment.”
Pub. L. 117–81, div. A, title XII, § 1245, “(a) The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, may carry out a cooperative program with the Ministry of Defense of Vietnam and other entities of the Government of Vietnam to assist in accounting for Vietnamese personnel missing in action.“(b) The purpose of the cooperative program under subsection (a) is to carry out the following activities:“(1) Collection, digitization, and sharing of archival information.“(2) Building the capacity of Vietnam to conduct archival research, investigations, and excavations.“(3) Improving DNA analysis capacity.“(4) Increasing veteran-to-veteran exchanges.“(5) Other support activities the Secretary of Defense considers necessary and appropriate.“(c) The authority provided by subsection (a) shall terminate on
Pub. L. 116–283, div. A, title II, § 234, “(a) The Secretary of Defense, acting through such officers and employees of the Department of Defense as the Secretary considers appropriate, including the chief data officers and chief management officers of the military departments, shall identify a set of no fewer than five use cases of the application of existing artificial intelligence enabled systems to support improved management of enterprise acquisition, personnel, audit, or financial management functions, or other appropriate management functions, that are consistent with reform efforts that support the National Defense Strategy.“(b) The Secretary, acting through the Under Secretary of Defense for Research and Engineering and in coordination with the official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061) and such other officers and employees as the Secretary considers appropriate, shall pilot technology development and prototyping activities that leverage commercially available technologies and systems to demonstrate new artificial intelligence enabled capabilities to support the use cases identified under subsection (a).“(c) Not later than
Pub. L. 116–283, div. A, title V, § 551(a)(2),
Pub. L. 116–283, div. A, title V, § 551(a)(3), “(A) Any metric established pursuant to subsection (l) of section 113 of title 10, United States Code (as so amended [subsec. (l) added by section 551(a)(1)(D) of Pub. L. 116–283]), may not be used in a manner that undermines the merit-based processes of the Department of Defense and the Coast Guard, including such processes for accession, retention, and promotion.“(B) Any such metric may not be used to identify or specify specific quotas based upon diversity characteristics. The Secretary concerned shall continue to account for diversified language and cultural skills among the total force of the Armed Forces.”
Pub. L. 116–283, div. A, title VIII, § 811(a)(3),
Pub. L. 116–283, div. A, title VIII, § 837, “(a) The Secretary of Defense shall, in coordination with relevant departments and agencies—“(1) identify policies and procedures protecting defense-sensitive United States intellectual property, technology, and other data and information, including hardware and software, from acquisition by the government of China; and“(2) to the extent that the Secretary determines that such policies and procedures are insufficient to provide such protection, develop additional policies and procedures.“(b) In developing the policies and procedures under subsection (a), the Secretary shall take the following actions:“(1) Establish and maintain a list of critical national security technology that may require certain restrictions on current or former employees, contractors, or subcontractors (at any tier) of the Department of Defense that contribute to such technology.“(2) Review the existing authorities under which employees of the Department of Defense may be subject to post-employment restrictions with foreign governments and with organizations subject to foreign ownership, control, or influence.“(3) Identify additional measures that may be necessary to enhance the authorities described in paragraph (2).“(c) The Secretary shall consider mechanisms to restrict current or former employees of contractors or subcontractors (at any tier) of the Department of Defense that contribute significantly and materially to a technology referred to in subsection (b)(1) from working directly for companies wholly owned by the government of China, or for companies that have been determined by a cognizant Federal agency to be under the ownership, control, or influence of the government of China.”
Pub. L. 117–81, div. A, title X, § 1090, “(a) “(1) Not later than 90 days after the date of the enactment of this Act [“(A) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region.“(B) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region.“(C) The reduction of the risk of executing operation and contingency plans of the Department of Defense.“(D) To maximize execution of Department operation and contingency plans, in the event deterrence fails.“(2) The assessment required by paragraph (1) shall include the following:“(A) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by—“(i) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the Armed Forces within the Arctic region, and scenarios that consider— “(I) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region; “(II) use of near-, mid-, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine; “(III) supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units;“(ii) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command;“(iii) an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and“(iv) any other matter the Commander of the United States Northern Command considers appropriate.“(B) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis.“(C) An assessment of capabilities requirements to achieve such objectives.“(D) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives.“(E) An assessment and identification of required infrastructure and military construction investments to achieve such objectives.“(3) “(A) Upon completion of the assessment required by paragraph (1), the Commander of the United States Northern Command shall submit to the Secretary of Defense a report on the assessment.“(B) Not later than 30 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]—“(i) a copy of the report, in its entirety; and“(ii) any additional analysis or information, as the Secretary considers appropriate.“(C) The report required by subparagraph (A), and any additional analysis or information provided under subparagraph (B)(i)(II), may be submitted in classified form, but shall include an unclassified summary.“(b) “(1) “(A) Not later than 30 days after the date on which the Secretary receives the report under subsection (a)(3)(A), the Secretary shall provide to the congressional defense committees a briefing on the plan to carry out a program of activities to enhance security in the Arctic region.“(B) The plan required by subparagraph (A) shall be—“(i) consistent with the objectives described in paragraph (1) of subsection (a); and“(ii) informed by the assessment required by that paragraph.“(C) The plan shall include, as necessary, the following prioritized activities to improve the design and posture of the joint force in the Arctic region:“(i) Modernize and strengthen the presence of the Armed Forces, including those with advanced capabilities.“(ii) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel.“(iii) Conduct exercises, wargames, education, training, experimentation, and innovation for the joint force.“(iv) Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces.“(2) “(A) Not earlier than 30 days after the submittal of the plan required by paragraph (1), the Secretary may establish a program of activities to enhance security in the Arctic region, to be known as the ‘Arctic Security Initiative’ (in this paragraph referred to as the ‘Initiative’).“(B) “(i) If the Initiative is established, the Secretary, in consultation with the Commander of the United States Northern Command, shall submit to the congressional defense committees a future years plan for the activities and resources of the Initiative that includes the following: “(I) A description of the activities and resources for the first fiscal year beginning after the date on which the Initiative is established, and the plan for not fewer than the four subsequent fiscal years, organized by the activities described in paragraph (1)(C). “(II) A summary of progress made toward achieving the objectives described in subsection (a)(1). “(III) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve progress in reducing risk to the ability of the joint force to achieve objectives in the Arctic region, including, as appropriate, investments in—“(aa) active and passive defenses against— “(AA) manned aircraft, surface vessels, and submarines; “(BB) unmanned naval systems; “(CC) unmanned aerial systems; and “(DD) theater cruise, ballistic, and hypersonic missiles;“(bb) advanced long-range precision strike systems;“(cc) command, control, communications, computers, intelligence, surveillance, and reconnaissance systems;“(dd) training and test range capacity, capability, and coordination;“(ee) dispersed resilient and adaptive basing to support distributed operations, including expeditionary airfields and ports, space launch facilities, and command posts;“(ff) advanced critical munitions;“(gg) pre-positioned forward stocks of fuel, munitions, equipment, and materiel;“(hh) distributed logistics and maintenance capabilities;“(ii) strategic mobility assets, including icebreakers;“(jj) improved interoperability, logistics, transnational supply lines and infrastructure, and information sharing with allies and partners, including scientific missions; and“(kk) information operations capabilities. “(IV) A detailed timeline for achieving the requirements identified under subclause (III). “(V) A detailed explanation of any significant modification to such requirements, as compared to—“(aa) the assessment required by subsection (a)(1) for the first fiscal year; and“(bb) the plans previously submitted for each subsequent fiscal year. “(VI) Any other matter the Secretary considers necessary.“(ii) A plan under clause (i) shall be submitted in unclassified form, but may include a classified annex.”
Pub. L. 116–283, div. A, title X, § 1060, “(a) “(1) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall continue assessing potential multi-domain risks in the Arctic, identifying capability and capacity gaps in the current and projected force, and planning for and implementing the training, equipping, and doctrine requirements necessary to mitigate such risks and gaps.“(2) In carrying out paragraph (1), the Secretary may direct the Armed Forces to conduct training in the Arctic or training relevant to military operations in the Arctic.“(b) “(1) If the Secretary of Defense determines that there are capability or capacity gaps for the Armed Forces in the Arctic, the Secretary may conduct research and development on the current and future requirements and needs of the Armed Forces for operations in the Arctic.“(2) Research and development conducted under paragraph (1) may include the following:“(A) Development of doctrine to address any identified gaps, including the study of existing doctrine of partners and allies of the United States.“(B) Development of materiel solutions for operating in extreme weather environments of the Arctic, including equipment for individual members of the Armed Forces, ground vehicles, and communications systems.“(C) Development of a plan for fielding future weapons platforms able to operate in Arctic conditions.“(D) Development of capabilities to monitor, assess, and predict environmental and weather conditions in the Arctic and the effect of such conditions on military operations.“(E) Determining requirements for logistics and sustainment of the Armed Forces operating in the Arctic.”
Pub. L. 116–283, div. A, title X, § 1082, “(a) The Secretary of Defense shall issue to the military departments guidance to encourage the reporting of any adverse event related to a consumer product that occurs on a military installation on the appropriate consumer product safety website.“(b) In this section:“(1) The term ‘adverse event’ means—“(A) any event that indicates that a consumer product—“(i) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Consumer Product Safety Commission has relied under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058);“(ii) fails to comply with any other rule, regulation, standard, or ban under that Act or any other Act enforced by the Commission;“(iii) contains a defect that could create a substantial product hazard described in section 15(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2064(a)(2)); or“(iv) creates an unreasonable risk of serious injury or death; or“(B) any other harm described in subsection (b)(1)(A) of section 6A of the Consumer Product Safety Act (15 U.S.C. 2055a) and required to be reported in the database established under subsection (a) of that section.“(2) The term ‘consumer product’ has the meaning given that term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052).”
Pub. L. 116–283, div. A, title XII, § 1210E, “(a) During the period beginning on the date of the enactment of this Act [“(1) implementation of the Department of Defense plan entitled ‘Women, Peace, and Security Strategic Framework and Implementation Plan’ published in June 2020, or any successor plan;“(2) establishing Department of Defense-wide policies and programs that advance the implementation of the Act, including military doctrine and Department-specific and combatant command-specific programs;“(3) ensuring the Department has sufficient qualified personnel to advance implementation of that Act, including by hiring and training full-time equivalent personnel, as necessary, and establishing roles, responsibilities, and requirements for such personnel;“(4) as appropriate, the deliberate integration of relevant training curriculum for members of the Armed Forces across all ranks; and“(5) security cooperation activities that further the implementation of that Act.“(b) “(1) Consistent with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202), the Secretary of Defense, in coordination with the Secretary of State, shall incorporate participation by women and the analysis described in the Women’s Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115–428; 132 Stat. 5509 [see Tables for classification]) into the institutional and national security force capacity-building activities of security cooperation programs carried out under title 10, United States Code, including, as appropriate, by—“(A) incorporating gender analysis and women, peace, and security priorities into educational and training materials and programs authorized by section 333 of title 10, United States Code;“(B) advising on the recruitment, employment, development, retention, and promotion of women in such national security forces, including by—“(i) identifying existing military career opportunities for women;“(ii) exposing women and girls to careers available in such national security forces and the skills necessary for such careers; and“(iii) encouraging women’s and girls’ interest in such careers by highlighting as role models women of the United States and applicable foreign countries in uniform;“(C) addressing sexual harassment and abuse against women within such national security forces;“(D) integrating gender analysis into security sector policy, planning, and training for such national security forces; and“(E) improving infrastructure to address the requirements of women serving in such national security forces, including appropriate equipment for female security and police forces.“(2) Partner country assessments conducted in the course of Department security cooperation activities to build the capacity of the national security forces of foreign countries shall include attention to the barriers and opportunities with respect to strengthening recruitment, employment, development, retention, and promotion of women in the military forces of such partner countries.“(c) Not later than 90 days after the date of the enactment of this Act [“(d) The Secretary of Defense may use funds authorized to be appropriated in each fiscal year to the Department of Defense for operation and maintenance as specified in the table in section 4301 for carrying out the full implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202) and the guidance on the matters described in paragraphs (1) through (5) of subsection (a) and subparagraphs (A) through (E) of subsection (b)(1).“(e) Not later than one year after the date of the enactment of this Act, and annually thereafter through 2025, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the steps the Department has taken to implement the Women, Peace, and Security Act of 2017, including—“(1) implementation of defense lines of effort outlined in the June 2020 Department of Defense ‘Women, Peace, and Security Strategic Framework and Implementation Plan’ and described in paragraphs (1) through (5) of subsection (a) and subparagraphs (A) through (E) of subsection (b)(1), as appropriate; and“(2) an enumeration of the funds used in such implementation and an identification of funding shortfalls, if any, that may inhibit implementation.“(f) “(1) The Secretary of Defense, in consultation with the Secretary of State, shall establish and carry out a pilot program for the purpose of conducting partner country assessments described in subsection (b)(2).“(2) The Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into one or more contracts with a nonprofit organization or a federally funded research and development center independent of the Department for the purpose of conducting such partner country assessments.“(3) “(A) The Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country within the area of responsibility of each geographic combatant command for participation in the pilot program.“(B) In making the selection under subparagraph (A), the Secretary of Defense shall consider—“(i) the demonstrated political commitment of the partner country to increasing the participation of women in the security sector; and“(ii) the national security priorities and theater campaign strategies of the United States.“(4) Partner country assessments conducted under the pilot program shall be—“(A) adapted to the local context of the partner country being assessed;“(B) conducted in collaboration with the security sector of the partner country being assessed; and“(C) based on tested methodologies.“(5) With respect to each partner country assessment conducted under the pilot program, the Secretary of Defense, in consultation with the Secretary of State, shall—“(A) review the methods of research and analysis used by any entity contracted with under paragraph (2) in conducting the assessment and identify lessons learned from such review; and“(B) assess the ability of the Department to conduct future partner country assessments without entering into such a contract, including by assessing potential costs and benefits for the Department that may arise in conducting such future assessments.“(6) “(A) The Secretary of Defense, in consultation with the Secretary of State, shall use findings from each partner country assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed, which shall be designed to substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities).“(B) The Secretary of Defense, in consultation with the Secretary of State, shall develop, based on the findings of the pilot program, a model barrier assessment methodology for use across the geographic combatant commands.“(7) “(A) Not later than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 [“(B) On the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (6)(B).“(g) Not later than 1 year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on the efforts to build partner defense institution and security force capacity pursuant to this section.“(h) In this section, the term ‘appropriate committees of Congress’ means—“(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and“(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”
Pub. L. 116–283, div. A, title XII, § 1251(a)–(g), “(a) The Secretary of Defense shall establish an initiative, to be known as the ‘Pacific Deterrence Initiative’ (in this section referred to as the ‘Initiative’), to carry out prioritized activities to enhance the United States deterrence and defense posture in the Indo-Pacific region, assure allies and partners, and increase capability and readiness in the Indo-Pacific region.“(b) The Initiative required under subsection (a) shall carry out the following prioritized activities to improve the design and posture of the joint force in the Indo-Pacific region, primarily west of the International Date Line:“(1) Modernize and strengthen the presence of the United States Armed Forces, including those with advanced capabilities.“(2) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel.“(3) Carry out a program of exercises, training, experimentation, and innovation for the joint force.“(4) Improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces.“(5) Build the defense and security capabilities, capacity, and cooperation of allies and partners.“(c) Of the amounts authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2024 [Pub. L. 118–31, see Tables for classification] for the Department of Defense for fiscal year 2024, there is authorized to be appropriated for the Pacific Deterrence Initiative such sums as may be necessary, as indicated in sections 4101, 4201, 4301, and 4601 [of div. D] of such Act [see Tables for classification].“(d) “(1) “(A) At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2025 and 2026, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives:“(i) The implementation of the National Defense Strategy with respect to the Indo-Pacific region.“(ii) The maintenance or restoration of the comparative military advantage of the United States with respect to the People’s Republic of China.“(iii) The reduction of the risk of executing contingency plans of the Department of Defense.“(B) The report required under subparagraph (A) shall include the following:“(i) With respect to the achievement of the objectives described in subparagraph (A), a description of the intended force structure and posture of assigned and allocated forces in each of the following: “(I) West of the International Date Line. “(II) In States outside the contiguous United States east of the International Date Line. “(III) In the contiguous United States.“(ii) An assessment of capabilities requirements to achieve such objectives.“(iii) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives.“(iv) An identification of required infrastructure and military construction investments to achieve such objectives.“(v) An assessment of security cooperation authorities, activities, or resources required to achieve such objectives.“(vi)(I) A plan to fully resource United States force posture and capabilities, including— “(aa) a detailed assessment of the resources necessary to address the elements described in clauses (i) through (v), including specific cost estimates for recommended investments or projects—“(AA) to improve the posture and presence of the United States Armed Forces, including those with advanced capabilities;“(BB) to improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel;“(CC) to carry out a program of exercises, training, experimentation, and innovation for the joint force;“(DD) to improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces;“(EE) to build the defense and security capabilities, capacity, and cooperation of allies and partners; and“(FF) to modernize and improve capabilities available to the United States Indo-Pacific Command; and “(bb) a detailed timeline to achieve the intended force structure and posture described in clause (i).“(II) The specific cost estimates required by subclause (I)(aa) shall, to the maximum extent practicable, include the following: “(aa) With respect to procurement accounts—“(AA) amounts displayed by account, budget activity, line number, line item, and line item title; and“(BB) a description of the requirements for each such amount. “(bb) With respect to research, development, test, and evaluation accounts—“(AA) amounts displayed by account, budget activity, line number, program element, and program element title; and“(BB) a description of the requirements for each such amount. “(cc) With respect to operation and maintenance accounts—“(AA) amounts displayed by account title, budget activity title, line number, and subactivity group title; and“(BB) a description of the specific manner in which each such amount would be used. “(dd) With respect to military personnel accounts—“(AA) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and“(BB) a description of the requirements for each such amount. “(ee) With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year. “(ff) With respect to any expenditure or proposed appropriation not described in items (aa) through (ee), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code.“(vii) A budget display, prepared with the assistance of the Under Secretary of Defense (Comptroller), that compares the independent assessment of the Commander of the United States Indo-Pacific Command with the amounts contained in the budget display for the applicable fiscal year under subsection (f).“(C) The report required under subparagraph (A) may be submitted in classified form, but shall include an unclassified summary.“(D) Not later than February 1 each year, the Commander of the United States Indo-Pacific Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service.“(2) “(A) Not later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2025 and 2026, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph.“(B) Not later than 30 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2025 and 2026, the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy shall provide to the congressional defense committees a joint briefing, and documents as appropriate, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph.“(e) At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2025 and 2026, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a report on future year activities and resources for the Initiative that includes the following:“(1) A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years, organized—“(A) functionally, by the activities described in paragraphs (1) through (5) of subsection (b); and“(B) geographically by—“(i) areas west of the International Date Line;“(ii) States outside the contiguous United States east of the International Date Line; and“(iii) States in the contiguous United States.“(2) A summary of progress made toward achieving the purposes of the Initiative.“(3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability to achieve objectives in the region.“(4) A detailed timeline to achieve the requirements identified under paragraph (3).“(5) A detailed explanation of any significant modifications to such requirements, as compared to plans previously submitted under this subsection.“(6) Any other matter, as determined by the Secretary.“(f) The Secretary shall include a detailed budget display for the Initiative in the materials of the Department of Defense in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2022 and each fiscal year thereafter that includes the following information:“(1) The resources necessary for the Initiative to carry out the activities required under subsection (b) for the applicable fiscal year and not fewer than the four following fiscal years, organized by the activities described in paragraphs (1) through (5) of that subsection.“(2) With respect to procurement accounts—“(A) amounts displayed by account, budget activity, line number, line item, and line item title; and“(B) a description of the requirements for such amounts specific to the Initiative.“(3) With respect to research, development, test, and evaluation accounts—“(A) amounts displayed by account, budget activity, line number, program element, and program element title; and“(B) a description of the requirements for such amounts specific to the Initiative.“(4) With respect to operation and maintenance accounts—“(A) amounts displayed by account title, budget activity title, line number, and subactivity group title; and“(B) a description of the specific manner in which such amounts will be used.“(5) With respect to military personnel accounts—“(A) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and“(B) a description of the requirements for such amounts specific to the Initiative.“(6) With respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount by fiscal year.“(7) With respect to the activities described in subsection (b)—“(A) amounts displayed by account title, budget activity title, line number, and subactivity group title; and“(B) a description of the specific manner in which such amounts will be used.“(8) With respect to each military service—“(A) amounts displayed by account title, budget activity title, line number, and subactivity group title; and“(B) a description of the specific manner in which such amounts will be used.“(9) With respect to the amounts described in each of paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and (8)(A), a comparison between—“(A) the amount in the budget of the President for the following fiscal year;“(B) the amount projected in the previous budget of the President for the following fiscal year;“(C) a detailed summary of funds obligated for the Initiative during the preceding fiscal year; and“(D) a detailed comparison of funds obligated for the Initiative during the previous fiscal year to the amount of funds requested for such fiscal year.“(g) Not later than
Pub. L. 116–283, div. A, title XII, § 1254, “(a) The Secretary of Defense, in coordination with the Secretary of State, is authorized to carry out a cooperative program with the Ministry of Defense of Vietnam to assist in accounting for Vietnamese personnel missing in action.“(b) The purpose of the cooperative program under subsection (a) is to carry out the following activities:“(1) Collection, digitization, and sharing of archival information.“(2) Building the capacity of Vietnam to conduct archival research, investigations, and excavations.“(3) Improving DNA analysis capacity.“(4) Increasing veteran-to-veteran exchanges.“(5) Other support activities the Secretary of Defense considers necessary and appropriate.”
Pub. L. 116–283, div. A, title XII, § 1260H, “(a) The Secretary of Defense shall identify each entity the Secretary determines, based on the most recent information available, is operating directly or indirectly in the United States or any of its territories and possessions, that is a Chinese military company.“(b) “(1) Not later than “(2) Concurrent with the submission of each list described in paragraph (1), the Secretary shall publish the unclassified portion of such list in the Federal Register.“(3) The Secretary shall make additions or deletions to the most recent list submitted under paragraph (1) on an ongoing basis based on the latest information available.“(c) The Secretary may consult with the head of any appropriate Federal department or agency in making the determinations described in subsection (a) and shall transmit a copy of each list submitted under subsection (b)(1) to the heads of each appropriate Federal department and agency.“(d) In this section:“(1) The term ‘Chinese military company’—“(A) does not include natural persons; and“(B) means an entity that is—“(i)(I) directly or indirectly owned, controlled, or beneficially owned by, or in an official or unofficial capacity acting as an agent of or on behalf of, the People’s Liberation Army or any other organization subordinate to the Central Military Commission of the Chinese Communist Party; or“(II) identified as a military-civil fusion contributor to the Chinese defense industrial base; and“(ii) engaged in providing commercial services, manufacturing, producing, or exporting.“(2) The term ‘military-civil fusion contributor’ includes any of the following:“(A) Entities knowingly receiving assistance from the Government of China or the Chinese Communist Party through science and technology efforts initiated under the Chinese military industrial planning apparatus.“(B) Entities affiliated with the Chinese Ministry of Industry and Information Technology, including research partnerships and projects.“(C) Entities receiving assistance, operational direction or policy guidance from the State Administration for Science, Technology and Industry for National Defense.“(D) Any entities or subsidiaries defined as a ‘defense enterprise’ by the State Council of the People’s Republic of China.“(E) Entities residing in or affiliated with a military-civil fusion enterprise zone or receiving assistance from the Government of China through such enterprise zone.“(F) Entities awarded with receipt of military production licenses by the Government of China, such as a Weapons and Equipment Research and Production Unit Classified Qualification Permit, Weapons and Equipment Research and Production Certificate, Weapons and Equipment Quality Management System Certificate, or Equipment Manufacturing Unit Qualification.“(G) Entities that advertise on national, provincial, and non-governmental military equipment procurement platforms in the People’s Republic of China.“(H) Any other entities the Secretary determines is appropriate.“(3) The term ‘People’s Liberation Army’ means the land, naval, and air military services, the People’s Armed Police, the Strategic Support Force, the Rocket Force, and any other related security element within the Government of China or the Chinese Communist Party that the Secretary determines is appropriate.”
Pub. L. 116–283, div. A, title XII, § 1299J, “(a) Not later than 180 days after the date of the enactment of this Act [“(b) The Secretary of Defense shall continue to ensure that all Department of Defense orders, rules of engagement, directives, regulations, policies, practices, and procedures that were reviewed as described in subsection (a), including any other guidance, training, or standard operating procedures relating to the protection of health care during armed conflict, are consistent with the ‘Principles Related to the Protection of Medical Care Provided by Impartial Humanitarian Organizations During Armed Conflicts’.”
Pub. L. 116–92, div. A, title X, § 1047, “(a) The Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into a contract with a nonprofit entity or a federally funded research and development center independent of the Department of Defense and the Department of State to conduct research and analysis on the relationship between gender and violent extremism.“(b) The research and analysis conducted under subsection (a) shall include consideration of the following:“(1) The probable causes and historical trends of women’s participation in violent extremist organizations.“(2) Potential ways in which women’s participation in violent extremism is likely to change in the near- and medium-term.“(3) The relationship between violent extremism and each of the following:“(A) Gender-based violence, abduction, and human trafficking.“(B) The perceived role or value of women at the community level, including with respect to property and inheritance rights and bride-price and dowry.“(C) Community opinions of killing or harming of women.“(D) Violations of girls’ rights, including child, early, and forced marriage and access to education.“(4) Ways for the Department of Defense to engage and support women and girls who are vulnerable to extremist behavior and activities as a means to counter violent extremism and terrorism.“(c) The Secretary of Defense and the Secretary of State shall utilize the results of the research and analysis conducted under subsection (a) to inform the strategic and operational objectives of the geographic combatant command, where appropriate. Such utilization shall be in accordance with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 22 U.S.C. 2152j et seq.).“(d) “(1) Not later than 270 days after the date of the enactment of this Act [“(2) Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees each of the following:“(A) A copy of the report submitted under paragraph (1) without change.“(B) Any comments, changes, recommendations, or other information provided by the Secretary of Defense and the Secretary of State relating to the research and analysis required by subsection (a) and contained in such report.“(3) In this paragraph, the term ‘appropriate congressional committees’ means—“(A) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives];“(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and“(C) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.”
Pub. L. 116–92, div. A, title XVII, § 1707, “(a) Not later than seven calendar days after the Department of Defense approves a Request for Assistance from the Department of Homeland Security or the Department of Health and Human Services, the Secretary of Defense shall electronically transmit to the Committees on Armed Services of the Senate and the House of Representatives a copy of such Request for Assistance.“(b) At the same time the Secretary of Defense submits to the Secretary of Homeland Security or the Secretary of Health and Human Services an official response of the Department of Defense approving a Request for Assistance from the Department of Homeland Security or the Department of Health and Human Services, as applicable, the Secretary of Defense shall electronically transmit to the Committees on Armed Services of the Senate and the House of Representatives a copy of such official response.”
Pub. L. 116–92, div. A, title XVII, § 1709, “(a) The Secretary of Defense shall direct the Under Secretary of Defense for Policy, the Director of the Joint Staff, and the Director of Cost Assessment and Program Evaluation, in consultation with the Secretary of each of the military services, to jointly develop and implement a plan to strengthen the analytic capabilities, expertise, and processes necessary to implement the national defense strategy, as required under section 113(g) of title 10, United States Code.“(b) The plan under subsection (a) shall include—“(1) an assessment of the decision support capability of the Department of Defense to support decision-making, specifically the analytic expertise available to inform senior leader decisions that link national defense strategy objectives with approaches to competing effectively across the full spectrum of engagement against strategic competitors;“(2) an analytic approach to force structure development, including an assessment of the major elements, products, and milestones of the force planning process of the Department;“(3) the conclusions and recommendations of the Defense Planning and Analysis Community initiative;“(4) the progress of the Department in implementing the recommendations of the Comptroller General of the United States set forth in Government Accountability Office Report (GAO-19-40C);“(5) the progress of the Under Secretary, the Chairman of the Joint Chiefs of Staff, and the Director of Cost Assessment and Program Evaluation in implementing paragraph (5) of section 134(b) of title 10, United States Code, as added by section 902(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232); and“(6) such other matters as the Secretary of Defense determines to be appropriate.“(c) Not later than
Pub. L. 116–92, div. A, title XVII, § 1744, “(a) Not later than 30 days after receiving a written request by the Chairman or Ranking Member of a congressional defense committee, the Secretary of Defense shall provide the committee, including appropriately designated staff of the committee, with—“(1) an execute order approved by the Secretary or the commander of a combatant command for review; and“(2) a detailed briefing on such execute order.“(b) “(1) In extraordinary circumstances necessary to protect operations security or the sensitivity of the execute order, the Secretary may limit review of an execute order. A determination that extraordinary circumstances exist for purposes of this paragraph may only be made by the Secretary and the decision to limit the review of an execute order may not be delegated.“(2) In extraordinary circumstances described in paragraph (1) with respect to an execute order, within 30 days of receiving a written request under subsection (a), the Secretary shall provide to the committee concerned, including appropriately designated staff of the committee—“(A) a written explanation of the extraordinary circumstances that led to the determination by the Secretary to limit review of the execute order; and“(B) a detailed summary of the execute order and other information necessary for the conduct of the oversight duties of the committee.“(c) Not later than 30 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2021 and every 90 days thereafter, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a comprehensive report identifying and summarizing all execute orders approved by the Secretary or the commander of a combatant command in effect for the Department of Defense as of the date of the report.”
Pub. L. 116–283, div. A, title III, § 370, “(a) Not later than three years after the date of the enactment of this Act [“(b) The Secretary of Defense shall establish a commission relating to assigning, modifying, or removing of names, symbols, displays, monuments, and paraphernalia to assets of the Department of Defense that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America.“(c) The Commission shall—“(1) assess the cost of renaming or removing names, symbols, displays, monuments, or paraphernalia that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America;“(2) develop procedures and criteria to assess whether an existing name, symbol, monument, display, or paraphernalia commemorates the Confederate States of America or person who served voluntarily with the Confederate States of America;“(3) recommend procedures for renaming assets of the Department of Defense to prevent commemoration of the Confederate States of America or any person who served voluntarily with the Confederate States of America;“(4) develop a plan to remove names, symbols, displays, monuments, or paraphernalia that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America from assets of the Department of Defense, within the timeline established by this Act; and“(5) include in the plan procedures and criteria for collecting and incorporating local sensitivities associated with naming or renaming of assets of the Department of Defense.“(d) The Commission shall be composed of eight members, of whom—“(1) four shall be appointed by the Secretary of Defense;“(2) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;“(3) one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;“(4) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and“(5) one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.“(e) Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act [“(f) The Commission shall hold its initial meeting on the date that is 60 days after the enactment of this Act.“(g) Not later than “(1) A list of assets to be removed or renamed.“(2) Costs associated with the removal or renaming of assets in subsection (g)(1).“(3) Criteria and requirements used to nominate and rename assets in subsection (g)(1).“(4) Methods of collecting and incorporating local sensitivities associated with the removal or renaming of assets in subsection (g)(1).“(h) “(1) There is authorized to be appropriated $2,000,000 to carry out this section.“(2) The amount authorized to be appropriated by the Act [sic] for fiscal year 2021 for Operations and Maintenance, Army, sub activity group 434 - other personnel support is hereby reduced by $2,000,000.“(i) In this section, the term ‘assets’ includes any base, installation, street, building, facility, aircraft, ship, plane, weapon, equipment, or any other property owned or controlled by the Department of Defense.“(j) Shall not cover monuments but shall exempt grave markers. [sic] Congress expects the commission to further define what constitutes a grave marker.”
Pub. L. 116–92, div. A, title XVII, § 1749, “(a) In naming a new asset or renaming an existing asset, the Secretary of Defense or the Secretary of a military department may not give a name to an asset that refers to, or includes a term referring to, the Confederate States of America (commonly referred to as the ‘Confederacy’), including any name referring to—“(1) a person who served or held leadership within the Confederacy; or“(2) a Confederate battlefield victory.“(b) In this section, the term ‘asset’ includes any base, installation, facility, aircraft, ship, equipment, or any other property owned or controlled by the Department of Defense or a military department.“(c) Nothing in this section may be construed as requiring a Secretary concerned to initiate a review of previously named assets.”
Pub. L. 116–92, div. B, title XXVIII, § 2861,
Pub. L. 115–91, div. A, title X, §1057, “(a) Not later than May 1 each year, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on civilian casualties caused as a result of United States military operations during the preceding year.“(b) Each report under subsection (a) shall set forth the following:“(1) A list of all the United States military operations, including each specific mission, strike, engagement, raid, or incident, during the year covered by such report that resulted in civilian casualties that have been confirmed or are reasonably suspected to have occurred.“(2) For each military operation listed pursuant to paragraph (1), each of the following:“(A) The date.“(B) The location, including, to the extent practicable, the closest town, city, or identifiable place.“(C) An identification of whether the operation occurred inside or outside of a declared theater of active armed conflict.“(D) The type of operation, including the specific justification or use of authority for each strike conducted.“(E) An assessment of the number of civilian and enemy combatant casualties, including a differentiation between those killed and those injured, formulated as a range, if necessary, and including, to the extent practicable, information regarding the number of men, women, and children involved.“(F) A summary of the determination of each completed civilian casualty assessment or investigation.“(G) For each assessment or investigation of an incident that resulted in civilian casualties—“(i) whether the Department conducted any witness interviews or site visits occurred, and if not, an explanation of why not; and“(ii) whether information pertaining to the incident that was collected by one or more non-governmental entities was considered, if such information exists.“(3) A description of the process by which the Department of Defense investigates allegations of civilian casualties resulting from United States military operations, including how the Department incorporates information from interviews with witnesses, civilian survivors of United States operations, and public reports or other nongovernmental sources.“(4) A description of any new or updated civilian harm policies and procedures implemented by the Department of Defense.“(5) A description of any allegations of civilian casualties made by public or non-governmental sources formally investigated by the Department of Defense.“(6) A description of the general reasons for any discrepancies between the assessments of the United States and reporting from nongovernmental organizations regarding non-combatant deaths resulting from strikes and operations undertaken by the United States.“(7) The definitions of ‘combatant’ and ‘non-combatant’ used in the preparation of the report, which shall be consistent with the laws of armed conflict.“(8) Any update or modification to any report under this section during a previous year.“(9) Any other matters the Secretary of Defense determines are relevant.“(c) In preparing a report under this section, the Secretary of Defense shall take into account relevant and credible all-source reporting, including information from public reports and nongovernmental sources.“(d) Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex. The unclassified form of each report shall, at a minimum, be responsive to each element under subsection (b) of a report under subsection (a), and shall be made available to the public at the same time it is submitted to Congress (unless the Secretary certifies in writing that the publication of such information poses a threat to the national security interests of the United States).“(e) The requirement to submit a report under subsection (a) shall expire on the date that is seven years after the date of the enactment of this Act [
[Pub. L. 117–263, div. A, title X, § 1056(b), [“(1) Except as provided in paragraph (2), the amendments made by this section shall apply with respect to a report submitted on or after [“(2) The amendments made by subparagraphs (A) and (B) of subsection (a)(2) shall apply with respect to a report submitted after the date of the enactment of this Act [
[Pub. L. 116–92, div. A, title XVII, § 1703(b),
Pub. L. 115–232, div. A, title V, § 546, “(a) The Secretary of Defense, in consultation with the secretaries of the military departments, shall establish a consolidated tracking process for the Department of Defense to ensure increased oversight of the timely submission of crime reporting data to the Federal Bureau of Investigation under section 922(g) of title 18, United States Code, and Department of Defense Instruction 5505.11, ‘Fingerprint Card and Final Disposition Report Submission Requirements’. The tracking process shall, to the maximum extent possible, standardize and automate reporting and increase the ability of the Department to track such submissions.“(b) Not later than
Pub. L. 115–232, div. A, title X, § 1049, “(a) The Secretary of Defense shall establish and maintain a list of acquisition programs, technologies, manufacturing capabilities, and research areas that are critical for maintaining the national security technological advantage of the United States over foreign countries of special concern. The list shall be accompanied by a justification for inclusion of items on the list, including specific performance and technical figures of merit.“(b) The Secretary may use the list required under subsection (a) to—“(1) guide the recommendations of the Secretary in any interagency determinations conducted pursuant to Federal law relating to technology protection, including relating to export licensing, deemed exports, technology transfer, and foreign direct investment;“(2) inform the Secretary while engaging in interagency processes on promotion and protection activities involving acquisition programs and technologies that are necessary to achieve and maintain the national security technology advantage of the United States and that are supportive of military requirements and strategies;“(3) inform the Department’s activities to integrate acquisition, intelligence, counterintelligence and security, and law enforcement to inform requirements, acquisition, programmatic, and strategic courses of action for technology protection;“(4) inform development of research investment strategies and activities and develop innovation centers and an emerging technology industrial base through the employment of financial assistance from the United States Government through appropriate statutory authorities and programs;“(5) identify opportunities for alliances and partnerships in key research and development areas to achieve and maintain a national security technology advantage; and“(6) carry out such other purposes as identified by the Secretary.“(c) The Secretary shall—“(1) publish the list required under subsection (a) by not later than “(2) update such list at least annually.”
Pub. L. 115–232, div. A, title X, § 1053,
Pub. L. 115–232, div. A, title X, § 1086, “(a) It is the policy of the United States to fly, sail, and operate throughout the oceans, seas, and airspace of the world wherever international law allows.“(b) In furtherance of the policy set forth in subsection (a), the Secretary of Defense should—“(1) plan and execute a robust series of routine and regular air and naval presence missions throughout the world and throughout the year, including for critical transportation corridors and key routes for global commerce;“(2) in addition to the missions executed pursuant to paragraph (1), execute routine and regular air and maritime freedom of navigation operations throughout the year, in accordance with international law, including, but not limited to, maneuvers beyond innocent passage; and“(3) to the maximum extent practicable, execute the missions pursuant to paragraphs (1) and (2) with regional partner countries and allies of the United States.”
Pub. L. 115–232, div. A, title XII, § 1262, “(a) Except as provided in subsection (d), immediately after the commencement of any significant reclamation, assertion of an excessive territorial claim, or militarization activity by the People’s Republic of China in the South China Sea, including any significant military deployment or operation or infrastructure construction, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees, and release to the public, a report on the military and coercive activities of China in the South China Sea in connection with such activity.“(b) Each report on the commencement of a significant reclamation, an assertion of an excessive territorial claim, or a militarization activity under subsection (a) shall include a short narrative on, and one or more corresponding images of, such commencement of a significant reclamation, assertion of an excessive territorial claim, or militarization activity.“(c) “(1) Any report under subsection (a) that is submitted to the appropriate congressional committees shall be submitted in unclassified form, but may include a classified annex.“(2) If a report under subsection (a) is released to the public, such report shall be so released in unclassified form.“(d) “(1) The Secretary of Defense may waive the requirement in subsection (a) for the release to the public of a report on the commencement of any significant reclamation, an assertion of an excessive territorial claim, or a militarization activity by the People’s Republic of China in the South China Sea if the Secretary determines that the release to the public of a report on such activity under that subsection in the form required by subsection (c)(2) would have an adverse effect on the national security interests of the United States.“(2) If the Secretary issues a waiver under paragraph (1) with respect to a report on an activity, not later than 48 hours after the Secretary issues such waiver, the Secretary shall submit to the appropriate congressional committees written notice of, and justification for, such waiver.“(e) In this section, the term ‘appropriate congressional committees’ means—“(1) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and“(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”
Pub. L. 115–232, div. B, title XXVIII, § 2862, “(a) The Secretary of Defense shall develop and implement a comprehensive strategic plan to identify and address deficits in the capabilities of Department of Defense training ranges to support current and anticipated readiness requirements to execute the National Defense Strategy (NDS).“(b) As part of the preparation of the strategic plan, the Secretary shall conduct an evaluation of the following:“(1) The adequacy of current training range resources to include the ability to train against near-peer or peer threats in a realistic 5th Generation environment.“(2) The adequacy of current training enablers to meet current and anticipated demands of the Armed Forces.“(c) The strategic plan shall include the following:“(1) An integrated priority list of location-specific proposals and/or infrastructure project priorities, with associated Department of Defense Form 1391 documentation, required to both address any limitations or constraints on current Department resources, including any climatically induced impacts or shortfalls, and achieve full spectrum training (integrating virtual and constructive entities into live training) against a more technologically advanced peer adversary.“(2) Goals and milestones for tracking actions under the plan and measuring progress in carrying out such actions.“(3) Projected funding requirements for implementing actions under the plan.“(d) The Under Secretary of Defense for Acquisition and Sustainment, as the principal staff assistant to the Secretary on installation management, shall have lead responsibility for developing and overseeing implementation of the strategic plan and for coordination of the discharge of the plan by components of the Department.“(e) Not later than “(1) A description of the strategic plan.“(2) A description of the results of the evaluation conducted under subsection (b).“(3) Such recommendations as the Secretary considers appropriate with respect to improvements of the capabilities of training ranges and enablers.“(f) Not later than “(1) A description of the progress made during the preceding fiscal year in implementing the strategic plan.“(2) A description of any additional actions taken, or to be taken, to address limitations and constraints on training ranges and enablers.“(3) Assessments of individual training ranges addressing the evaluation conducted under subsection (b).“(g) Each report under subsections (e) and (f) shall also include a list of significant modifications to training range inventory, such as range closures or expansions, during the preceding fiscal year, including any limitations or impacts due to climatic conditions.”
Pub. L. 115–91, div. A, title II, § 224, “(a) “(1) The Secretary of Defense shall take such actions as may be necessary to improve the process used to update the mission data files used in advanced combat aircraft of the United States so that such updates can occur more quickly.“(2) In improving the process under paragraph (1), the Secretary shall ensure the following:“(A) That under such process, updates to the mission data files are developed, operationally tested, and loaded onto systems of advanced combat aircraft while in theaters of operation in a time-sensitive manner to allow for the distinguishing of threats, including distinguishing friends from foes, loading and delivery of weapon suites, and coordination with allied and coalition armed forces.“(B) When updates are made to the mission data files, all areas of responsibility (AoRs) are included.“(C) The process includes best practices relating to such mission data files that have been identified by industry and allies of the United States.“(D) The process improves the exchange of information between weapons systems of the United States and weapon systems of allies and partners of the United States, with respect to such mission data files.“(b) In carrying out subsection (a), the Secretary shall consult the innovation organizations resident in the Department of Defense and may consider carrying out a pilot program under another provision of this Act [see Tables for classification].“(c) Not later than
Pub. L. 115–91, div. A, title X, § 1088, “(a) Not later than 120 days after the date of the enactment of this Act [“(b) If the Secretary of Defense and the Secretary of State determine pursuant to the review under subsection (a) that additional guidance is required in connection with Department of Defense engagements with covered non-Federal entities, the Secretary of Defense, with the concurrence of the Secretary of State, shall, by not later than 180 days after the date of the enactment of this Act, issue such additional guidance as the Secretaries consider appropriate in light of the review. Any such additional guidance shall be consistent with—“(1) applicable law, as in effect on the date of the enactment of this Act;“(2) Department of Defense guidance with respect to solicitation and preferential treatment, as in effect on the date of the enactment of this Act, including such guidance specified in the Department of Defense Joint Ethics Regulations; and“(3) the principle that the Department of State and the United States Agency for International Development are the principal United States agencies with primary responsibility for providing and coordinating humanitarian and economic assistance.“(c) Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly provide to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a briefing on the findings of the review required under subsection (a).“(d) In this section, the term ‘covered non-Federal entity’ means an organization that—“(1) is based in the United States;“(2) has an independent board of directors and is subject to independent financial audits;“(3) is substantially privately-funded;“(4) is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] and is exempt from taxation under section 501(a) of such Code [26 U.S.C. 501(a)];“(5) provides international assistance; and“(6) has a stated mission of supporting United States military missions abroad.”
Pub. L. 115–91, div. A, title X, § 1096, “(a) At the request of the Chairman, in coordination with the Ranking Member, of the Committee on Armed Services of the Senate or the House of Representatives or the Chairman, in coordination with the Ranking Member, of the Committee on Appropriations of the Senate or the House of Representatives, the Secretary of Defense shall make available (in an appropriate manner with respect to classified or other protected information) to the Chairman and Ranking Member of the requesting committee a settlement agreement (including a consent decree) in any civil action in a court of competent jurisdiction involving the Department of Defense, a military department, or a Defense Agency.“(b) The Secretary shall take all necessary steps to ensure the settlement agreement is provided to the Chairman and Ranking Member of the requesting committee, including by making any necessary requests to a court with competent jurisdiction over the settlement.”
Pub. L. 115–91, div. A, title XII, § 1239, “(a) The Secretary of Defense, in coordination with the Secretary of State and in consultation with each of the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of each of the regional and functional combatant commands, shall develop and implement a comprehensive strategy to counter threats by the Russian Federation.“(b) “(1) Not later than 180 days after the date of the enactment of this Act [“(2) The report required by this subsection shall include the following elements:“(A) An evaluation of strategic objectives and motivations of the Russian Federation.“(B) A detailed description of Russian threats to the national security of the United States, including threats that may pose challenges below the threshold of armed conflict.“(C) A discussion of how the strategy complements the National Defense Strategy and the National Military Strategy.“(D) A discussion of the ends, ways, and means inherent to the strategy.“(E) A discussion of the strategy’s objectives with respect to deterrence, escalation control, and conflict resolution.“(F) A description of the military activities across geographic regions and military functions and domains that are inherent to the strategy.“(G) A description of the posture, forward presence, and readiness requirements inherent to the strategy.“(H) A description of the roles of the United States Armed Forces in implementing the strategy, including—“(i) the role of United States nuclear capabilities;“(ii) the role of United States space capabilities;“(iii) the role of United States cyber capabilities;“(iv) the role of United States conventional ground forces;“(v) the role of United States naval forces;“(vi) the role of United States air forces; and“(vii) the role of United States special operations forces.“(I) An assessment of the force requirements needed to implement and sustain the strategy.“(J) A description of the logistical requirements needed to implement and sustain the strategy.“(K) An assessment of the technological research and development requirements needed to implement and sustain the strategy.“(L) An assessment of the training and exercise requirements needed to implement and sustain the strategy.“(M) An assessment of the budgetary resource requirements needed to implement and sustain the strategy through “(N) An analysis of the adequacy of current authorities and command structures for countering unconventional warfare.“(O) Recommendations for improving the counter-unconventional warfare capabilities, authorities, and command structures of the Department of Defense.“(P) A discussion of how the strategy provides a framework for future planning and investments in regional defense initiatives, including the European Deterrence Initiative.“(Q) A plan to increase conventional precision strike weapon stockpiles in the United States European Command’s areas of responsibility, which shall include necessary increases in the quantities of such stockpiles that the Secretary of Defense determines will enhance deterrence and warfighting capability of the North Atlantic Treaty Organization forces.“(R) A plan to counter the military capabilities of the Russian Federation, which, in addition to elements the Secretary of Defense determines to be appropriate, shall include recommendations for—“(i) improving the capability of United States Armed Forces to operate in a Global Positioning System (GPS)-denied or GPS-degraded environment;“(ii) improving the capability of United States Armed Forces to counter Russian unmanned aircraft systems, electronic warfare, and long-range precision strike capabilities; and“(iii) countering unconventional capabilities and hybrid threats from the Russian Federation.“(3) The report required by this subsection shall be submitted in unclassified form but may contain a classified annex.”
Pub. L. 115–91, div. A, title XII, § 1279C, “(1) coordinating the existing obligations of the Department of Defense for the protection of cultural heritage, including the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and other obligations for the protection of cultural heritage; and“(2) coordinating with the Cultural Heritage Coordinating Committee convened by the Secretary of State for the national security interests of the United States, as appropriate.”
Pub. L. 117–1, § 1,
Pub. L. 115–2, § 1,
Pub. L. 114–328, div. A, title II, § 234, “(a) “(1) The Secretary of Defense may carry out a pilot program on the modernization and fielding of electromagnetic spectrum warfare systems and electronic warfare systems.“(2) If the Secretary carries out the pilot program under paragraph (1), the Electronic Warfare Executive Committee shall select from the list described in section 240(b)(4) [130 Stat. 2070] a total of 10 electromagnetic spectrum warfare systems and electronic warfare systems across at least two military departments for modernization and fielding under the pilot program.“(b) The pilot program authorized by subsection (a) shall terminate on “(c) For the purposes of this pilot program, funds authorized to be appropriated for electromagnetic spectrum warfare and electronic warfare may be used for the development and fielding of electromagnetic spectrum warfare systems and electronic warfare capabilities.“(d) In this section:“(1) The term ‘electromagnetic spectrum warfare’ means electronic warfare that encompasses military communications and sensing operations that occur in the electromagnetic operational domain.“(2) The term ‘electronic warfare’ means military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy.”
Pub. L. 114–328, div. A, title V, § 549, “(a) The Secretary of Defense shall provide for the establishment and use of a comprehensive and consistent data-collection system for the collection of reports, including anonymous reports, of incidents of hazing or bullying involving a member of the Armed Forces. The Secretary shall issue department-wide guidance regarding the availability and use of the database, including information on protected classes, such as race and religion, who are often the victims of hazing or bullying.“(b) Each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary, shall seek to improve training to assist members of the Armed Forces [to] better recognize, prevent, and respond to hazing and bullying at all command levels.“(c) “(1) Not later than “(A) to prevent and to respond to incidents of hazing or bullying involving members of the Armed Forces;“(B) to track and encourage reporting, including reporting anonymously, incidents of hazing in the Armed Force; and“(C) to ensure the consistent implementation of anti-hazing and anti-bullying policies.“(2) Each report required by this subsection shall include the following:“(A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces.“(B) A description of processes of each Armed Force described in subsection (b) to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology each such Armed Force uses to categorize and count potential instances of hazing or bullying.“(C) An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary.“(D) An assessment by the Office of the Secretary of Defense of—“(i) the effectiveness of each Armed Force described in subsection (b) in tracking and reporting instances of hazing or bullying;“(ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year.“(E) Recommendations of the Secretary to improve—“(i) elements described in subparagraphs (A) through (D).“(ii) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Armed Forces.“(F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces.“(G) Data on allegations of hazing and bullying in the Armed Forces, including final disposition of investigations.“(H) Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year.”
Pub. L. 114–328, div. A, title X, § 1055, “(a) The Secretary of Defense may provide defense sensitive support to a non-Department of Defense Federal department or agency only after the Secretary has determined that such support—“(1) is consistent with the mission and functions of the Department of Defense;“(2) does—“(A) not significantly interfere with the mission or functions of the Department; or“(B) interfere with the mission and functions of the Department of Defense but such support is in the national security interest of the United States; and“(3) has been requested by the head of a non-Department of Defense Federal department or agency who has certified to the Secretary that the department or agency has reasonably attempted to use capabilities and resources internal to the department or agency.“(b) “(1) Except as provided in paragraph (3), before providing defense sensitive support to a non-Department of Defense Federal department or agency, the Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], and, when the part of the Department of Defense providing the sensitive support is a member of the intelligence community, the congressional intelligence committees of the Secretary’s intent to provide such support.“(2) Notice provided under paragraph (1) shall include the following:“(A) A description of the support to be provided.“(B) A description of how the support is consistent with the mission and functions of the Department.“(C) A description of the required duration of the support.“(D) A description of the initial costs for the support.“(E) A description of how the support—“(i) does not significantly interfere with the mission or functions of the Department; or“(ii) significantly interferes with the mission or functions of the Department but is in the national security interest of the United States.“(3) In the event that the provision of defense sensitive support is time-sensitive, the Secretary—“(A) may provide notification under paragraph (1) after providing the support; and“(B) shall provide such notice as soon as practicable after providing such support, but not later than 48 hours after providing the support.“(4) The Secretary shall notify the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) of requests made by the Secretary to a non-Department of Defense Federal department or agency for support that requires special protection from disclosure in the same manner and containing the same information as the Secretary notifies such committees of defense sensitive support requests under paragraphs (1) and (3).“(5) If the Secretary determines that sustainment costs will be incurred as a result of the provision of defense sensitive support, the Secretary, not later than 15 days after the initial provision of such support, shall certify to the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) that such sustainment costs will not interfere with the ability of the Department to execute operations, accomplish mission objectives, and maintain readiness.“(c) In this section, the term ‘defense sensitive support’ means support provided by the Department of Defense to a non-Department of Defense Federal department or agency that requires special protection from disclosure.”
Pub. L. 115–91, div. A, title III, § 342, “(a) The Secretary of Defense may provide not more than $5,000,000 in financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the military. The Secretary may enter into a contract, partnership, or grant with a non-profit organization for the purpose of performing such acquisition, installation, and maintenance.“(b) The contracts, partnerships, or grants shall be limited to serving the purposes of—“(1) preserving the history of the 3,000,000 women who have served in the United States Armed Forces;“(2) managing an archive of artifacts, historic memorabilia, and documents related to servicewomen;“(3) maintaining a women veterans’ oral history program; and“(4) conducting other educational programs related to women in service.”
Pub. L. 114–328, div. B, title XXVIII, § 2833, “(a) The Secretary of Defense may provide not more than $5,000,000 in financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the military. The Secretary may enter into a contract with a nonprofit organization for the purpose of performing such acquisition, installation, and maintenance.“(b) Of the funds authorized to be appropriated by section 301 [130 Stat. 2072] for operation and maintenance, Army, and available for the National Museum of the United States Army, not more than $5,000,000 shall be provided, at the discretion of the Secretary of Defense, to carry out activities under subsection (a).”
Pub. L. 114–92, div. A, title XII, § 1202,
Pub. L. 113–291, div. A, title V, § 524(a), “(1) accurately predict performance of actual, regular, and recurring duties of a military occupation;“(2) are applied equitably to measure individual capabilities; and“(3) measure the combat readiness of combat units, including special operations forces.”
Pub. L. 113–291, div. A, title V, § 524(b), “(1) is properly designed and fitted; and“(2) meets required standards for wear and survivability.”
Pub. L. 113–291, div. A, title IX, § 904, “(a) The Secretary of Defense shall establish and maintain an independent organization within the Department of Defense to develop and coordinate net assessments of the standing, trends, and future prospects of the military capabilities and potential of the United States in comparison with the military capabilities and potential of other countries or groups of countries, so as to identify emerging or future threats or opportunities for the United States.“(b) The head of the office established and maintained pursuant to subsection (a) shall report directly to the Secretary of Defense without intervening authority and may communicate views on matters within the responsibility of the office directly to the Secretary without obtaining the approval or concurrence of any other official within the Department of Defense.”
Pub. L. 113–291, div. A, title X, § 1076,
Pub. L. 113–66, div. A, title V, § 525, “(a) In accordance with subsection (b), the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall make the covered records of each member of the Armed Forces available to the Secretary of Veterans Affairs in an electronic format.“(b) With respect to a member of the Armed Forces who is discharged or released from the Armed Forces on or after “(c) For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 42 U.S.C. 1320d–2 note), making medical records available to the Secretary of Veterans Affairs under subsection (a) shall be treated as a permitted disclosure.“(d) The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall ensure that the covered records of members of the Armed Forces that are available to the Secretary of Veterans Affairs as of the date of the enactment of this Act [“(e) In this section, the term ‘covered records’ means, with respect to a member of the Armed Forces—“(1) service treatment records;“(2) accompanying personal records;“(3) relevant unit records; and“(4) medical records created by reason of treatment or services received pursuant to chapter 55 of title 10, United States Code.”
Pub. L. 113–66, div. A, title X, § 1096, “(a) The Secretary of Defense shall develop and implement a strategy for developing and sustaining through fiscal year 2020 information operations capabilities for future contingencies. The Secretary shall submit such strategy to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] by not later than 180 days after the date of the enactment of this Act [“(b) The strategy required by subsection (a) shall include each of the following:“(1) A plan for the sustainment of existing capabilities that have been developed during the ten-year period prior to the date of the enactment of this Act, including such capabilities developed using funds authorized to be appropriated for overseas contingency operations determined to be of enduring value for continued sustainment.“(2) A discussion of how the capabilities referred to in paragraph (1) are integrated into policy, doctrine, and operations.“(3) An assessment of the force structure that is required to sustain operational planning and potential contingency operations, including the integration across the active and reserve components.“(4) Estimates of the steady-state resources needed to support the force structure referred to in paragraph (3), as well as estimates for resources that might be needed based on selected operational plans, contingency plans, and named operations.“(5) An assessment of the impact of how new and emerging technologies can be incorporated into policy, doctrine, and operations.“(6) A description of ongoing research into new capabilities that may be needed to fill any identified gaps and programs that might be required to develop such capabilities.“(7) Potential policy implications or legal challenges that may prevent the integration of new and emerging technologies into the projected force structure.“(8) Potential policy implications or challenges to the better leveraging of capabilities from interagency partners.”
Pub. L. 113–66, div. A, title XVII, § 1709(a), (b),
Pub. L. 113–66, div. A, title XVII, § 1732,
Pub. L. 112–239, div. A, title IX, § 903,
Pub. L. 112–239, div. A, title X, § 1061(a), (b),
Pub. L. 112–239, div. A, title XII, § 1275, “(a) The Secretary of Defense may, with the concurrence of the Secretary of State, authorize the participation of members of the Armed Forces as members of the staff of Headquarters Eurocorps for the purpose of supporting the North Atlantic Treaty Organization (NATO) activities of the NATO Rapid Deployable Corps Eurocorps.“(b) “(1) The participation of members of the Armed Forces as members of the staff of Headquarters Eurocorps shall be in accordance with the terms of one or more memoranda of understanding entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and Headquarters Eurocorps.“(2) If Department of Defense facilities, equipment, or funds are used to support Headquarters Eurocorps, the memoranda of understanding under paragraph (1) shall provide details of any cost-sharing arrangement or other funding arrangement.“(c) Not more than two members of the Armed Forces may participate as members of the staff of Headquarters Eurocorps, until the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following:“(1) A certification by the Secretary of Defense that the participation of more than two members of the Armed Forces in Headquarters Eurocorps is in the national interests of the United States.“(2) A description of the benefits of the participation of the additional members proposed by the Secretary.“(3) A description of the plans for the participation of the additional members proposed by the Secretary, including the grades and posts to be filled.“(4) A description of the costs associated with the participation of the additional members proposed by the Secretary.“(d) Not more than 10 members of the Armed Forces may participate as members of the staff of Headquarters Eurocorps unless the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a notice that the number of members so participating will exceed 10 members.“(e) “(1) Funds appropriated to the Department of Defense for operation and maintenance are available as follows:“(A) To pay the United States’ share of the operating expenses of Headquarters Eurocorps.“(B) To pay the costs of the participation of members of the Armed Forces participating as members of the staff of Headquarters Eurocorps, including the costs of expenses of such participants.“(2) No funds may be used under this section to fund the pay or salaries of members of the Armed Forces who participate as members of the staff of the Headquarters, North Atlantic Treaty Organization (NATO) Rapid Deployable Corps under this section.“(f) In this section, the term ‘Headquarters Eurocorps’ refers to the multinational military headquarters, established on
Pub. L. 112–87, title V, § 503,
Pub. L. 112–81, div. A, title IX, § 903,
Pub. L. 112–81, div. A, title XII, § 1215, “(a) The Secretary of Defense may support United States Government security cooperation activities in Iraq by providing funds for the operations and activities of the Office of Security Cooperation in Iraq.“(b) The operations and activities for which the Secretary may provide funds under the authority in subsection (a) may include life support and transportation and personal security.“(c) The total amount of funds provided under the authority in subsection (a) in fiscal year 2024 may not exceed $18,000,000.“(d) Funds for purposes of subsection (a) for fiscal year 2024 shall be derived from amounts available for that fiscal year for operation and maintenance for the Air Force.“(e) The President shall ensure that any letter of offer for the sale to Iraq of any defense articles or defense services issued after the date of the enactment of this Act [“(f) “(1) During fiscal year 2019, the Secretary of Defense, with the concurrence of the Secretary of State, may authorize the Office of Security Cooperation in Iraq to conduct activities to support the following:“(A) Defense institution building to mitigate capability gaps and promote effective and sustainable defense institutions.“(B) Professionalization, strategic planning and reform, financial management, manpower management, and logistics management of military and other security forces with a national security mission.“(2) The activities of the Office of Security Cooperation in Iraq conducted under paragraph (1) shall include elements that promote the following:“(A) Observance of and respect for human rights and fundamental freedoms.“(B) Military professionalism.“(C) Respect for legitimate civilian authority within Iraq.“(3) The authority provided in this subsection shall terminate on the date that is 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 [Pub. L. 116–92, approved “(g) “(1) Not later than “(2) Each report under this subsection shall include the following:“(A) A description of capability gaps in the security forces of Iraq that also addresses capability gaps relating to intelligence matters, protection of Iraq airspace, and logistics and maintenance, and a description of the extent, if any, to which the Government of Iraq has requested assistance in addressing such capability gaps.“(B) A description of the activities of the Office of Security Cooperation in Iraq and the extent, if any, to which United States security assistance and security cooperation activities are intended to address the capability gaps described pursuant to subparagraph (A).“(C) A description of how the activities of the Office of Security Cooperation in Iraq are coordinated with, and complement and enhance, the assistance provided pursuant to section 1236 of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.“(D) A description of end use monitoring programs, and any other programs or procedures, used to improve accountability for equipment provided to the Government of Iraq.“(E) A description of the measures of effectiveness used to evaluate the activities of the Office of the Security Cooperation in Iraq, and an analysis of any determinations to expand, alter, or terminate specific activities of the Office based on such evaluations.“(F) An evaluation of the effectiveness of United States efforts to promote respect for human rights, military professionalism, and respect for legitimate civilian authority in Iraq.“(3) In this subsection, the term ‘appropriate committees of Congress’ means—“(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and“(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.“(h) Of the amount authorized to be appropriated by this Act [probably means Pub. L. 117–81, see Tables for classification] for fiscal year 2022 to carry out this section, not more than $10,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report that—“(1) details further steps to reorganize the Office in a manner similar to that of other security cooperation offices in the region and indicates whether such reorganization will be achieved by 2023;“(2) describes progress made toward the continuation of bilateral engagement with the Government of Iraq, with the objective of establishing a joint mechanism for security assistance planning;“(3) includes a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform; and“(4) describes progress made toward, and a timeline for, the transition of the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years.”
[Section 1235(b)(1)(B) and (c) of Pub. L. 115–232 made identical amendment to subsec. (d) of section 1215 of Pub. L. 112–81, set out above.]
Pub. L. 111–383, div. A, title I, § 124, “(a) “(1) The Secretary of Defense, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall develop and maintain a comprehensive database containing appropriate information for coordinating, tracking, and archiving each counter-improvised explosive device initiative within the Department of Defense. The database shall, at a minimum, ensure the visibility of each counter-improvised explosive device initiative.“(2) Using information contained in the database developed under paragraph (1), the Secretary, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall—“(A) identify and eliminate redundant counter-improvised explosive device initiatives;“(B) facilitate the transition of counter-improvised explosive device initiatives from funding under the Joint Improvised Explosive Device Defeat Fund to funding provided by the military departments; and“(C) notify the appropriate personnel and organizations prior to a counter-improvised explosive device initiative being funded through the Joint Improvised Explosive Device Defeat Fund.“(3) In carrying out paragraph (1), the Secretary shall ensure that the Secretary of each military department coordinates and collaborates on development of the database to ensure its interoperability, completeness, consistency, and effectiveness.“(b) The Secretary of Defense, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall—“(1) develop appropriate means to measure the effectiveness of counter-improvised explosive device initiatives; and“(2) prioritize the funding of such initiatives according to such means.“(c) In this section, the term ‘counter-improvised explosive device initiative’ means any project, program, or research activity funded by any component of the Department of Defense that is intended to assist or support efforts to counter, combat, or defeat the use of improvised explosive devices.”
Pub. L. 111–383, div. A, title V, § 574,
Pub. L. 105–85, div. A, title X, § 1083,
Pub. L. 111–383, div. A, title IX, § 943,
Pub. L. 111–383, div. A, title X, § 1054,
Pub. L. 111–383, div. A, title X, § 1077,
Pub. L. 111–84, div. A, title VIII, § 807, “(a) It shall be the policy of the Department of Defense that facilities, infrastructure, and equipment that are intended for use by military or civilian personnel of the Department in current or future military operations should be inspected for safety and habitability prior to such use, and that such facilities should be brought into compliance with generally accepted standards for the safety and health of personnel to the maximum extent practicable and consistent with the requirements of military operations and the best interests of the Department of Defense, to minimize the safety and health risk posed to such personnel.“(b) Not later than 60 days after the date of the enactment of this Act [“(1) ensure that each contract or task or delivery order entered into for the construction, installation, repair, maintenance, or operation of facilities for use by military or civilian personnel of the Department complies with the policy established in subsection (a);“(2) ensure that contracts entered into prior to the date that is 60 days after the date of the enactment of this Act comply with such policy to the maximum extent practicable;“(3) define the term ‘generally accepted standards’ with respect to fire protection, structural integrity, electrical systems, plumbing, water treatment, waste disposal, and telecommunications networks for the purposes of this section; and“(4) provide such exceptions and limitations as may be needed to ensure that this section can be implemented in a manner that is consistent with the requirements of military operations and the best interests of the Department of Defense.”
Pub. L. 111–84, div. A, title IX, § 932,
Pub. L. 111–84, div. A, title XII, § 1245, “(a) Not later than January 30 of each year, the Secretary of Defense shall submit to Congress a report, in both classified and unclassified form, on the current and future military strategy of Iran.“(b) The report required under subsection (a) shall include a description of the security posture of Iran, including at least the following:“(1) A description and assessment of Iranian grand strategy, security strategy, and military strategy, including—“(A) the goals of Iran’s grand strategy, security strategy, and military strategy.“(B) trends in Iran’s strategy that would be designed to establish Iran as the leading power in the Middle East and to enhance the influence of Iran in other regions of the world;“(C) Iranian strategy regarding other countries in the region, including other specified countries; and“(D) Iranian strategy regarding offensive cyber capabilities and defensive cyber capabilities.“(2) An assessment of the capabilities of Iran’s conventional forces, including—“(A) the size and capabilities of Iran’s conventional forces;“(B) an analysis of the effectiveness of Iran’s conventional forces when facing United States forces in the region and other specified countries;“(C) a description of Iranian military doctrine; and“(D) an estimate of the funding provided for each branch of Iran’s conventional forces and Iran’s unconventional or parallel military forces.“(3) An assessment of Iran’s unconventional forces and related activities, including—“(A) the size and capability of Iranian special operations units, including the Iranian Revolutionary Guard Corps–Quds Force;“(B) the types and amount of support, including funding, lethal and non-lethal supplies, and training, provided to groups designated by the United States as foreign terrorist organizations, regional militant groups, and Iranian-linked proxy groups, in particular those forces as having been assessed as to be willing to carry out terrorist operations on behalf of Iran or in response to a military attack by another country on Iran;“(C) the types and amount of support to be assessed under subparagraph (B) shall include support provided to Lebanese Hezbollah, Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the ‘Houthis’);“(D) the threat from Special Groups in Iraq, including Kata’ib Hezbollah and Asa’ib Ahl al-Haq, to United States and coalition forces located in Iraq and Syria;“(E) an analysis of the effectiveness of Iran’s unconventional forces when facing United States forces in the region and other specified countries in the region;“(F) an estimate of the amount of funds spent by Iran to develop and support special operations forces and terrorist groups;“(G) a description of the structure of Iran’s global network of terrorist and criminal groups and an analysis of the capability of such network of groups and how such network of groups operates to support and reinforce Iran’s grand strategy;“(H) Iran’s cyber capabilities, including—“(i) Iran’s ability to use proxies and other actors to mask its cyber operations;“(ii) Iran’s ability to target United States governmental and nongovernmental entities and activities; and“(iii) cooperation with or assistance from state and non-state actors in support or enhancement of Iran’s cyber capabilities;“(I) Iranian ability to manipulate the information environment both domestically and against the interests of the United States and its allies; and“(J) all formal or informal agreements involving a strategic military or security partnership with the Russian Federation, the People’s Republic of China, or any proxies of either such country.“(4) An assessment of Iranian capabilities related to nuclear and missile forces, including—“(A) a summary of nuclear weapons capabilities and developments in the preceding year;“(B) a summary of the capabilities of Iran’s ballistic missile forces, including developments in the preceding year, the size of Iran’s ballistic missile forces and Iran’s cruise missile forces, and the locations of missile launch and storage sites;“(C) a detailed analysis of the effectiveness of Iran’s ballistic missile forces and Iran’s cruise missile forces when facing United States forces in the region and other specified countries[;]“(D) an estimate of the amount of funding expended by Iran since 2004 on programs to develop a capability to build nuclear weapons or to enhance Iran’s ballistic missile forces;“(E) an assessment of Iran’s space launch vehicle program and the ability of Iran to use those technologies to develop and field an intercontinental ballistic missile;“(F) a detailed analysis of the effectiveness of Iran’s drone forces; and“(G) a description or estimation of the threat posed by Iran’s Islamic Revolutionary Guard Corps to European citizens or to member countries of the European Union.“(5) An assessment of transfers to and from Iran of military equipment, technology, and training from or to non-Iranian sources or destinations, including transfers that pertain to nuclear development, ballistic missiles, and chemical, biological, and advanced conventional weapons, weapon systems, and delivery vehicles.“(6) An assessment of the use of civilian transportation assets and infrastructure, including commercial aircraft, airports, commercial vessels, and seaports, used to transport illicit military cargo to or from Iran, including military personnel, military goods, weapons, military-related electric parts, and related components.“(7) An assessment of military-to-military cooperation between Iran and foreign counties [sic], including the People’s Republic of China, Cuba, North Korea, Pakistan, the Russian Federation, Sudan, Syria, Venezuela, and any other country designated by the Secretary of Defense with additional reference to cooperation and collaboration on the trafficking or development of nuclear, biological, chemical, and advanced conventional weapons, weapon systems, and delivery vehicles.“(8) An assessment of the extent to which the commercial aviation sector of Iran knowingly provides financial, material, or technological support to the Islamic Revolutionary Guard Corps, the Ministry of Defense and Armed Forces Logistics of Iran, the Bashar al-Assad regime, Hezbollah, Hamas, Kata’ib Hezbollah, or any other foreign terrorist organization.“(9) An assessment of the threat posed by Iran against United States and partner military bases, to include missile, unmanned aircraft systems, and loitering munition attacks.“(10) An assessment of the sale, supply, or transfer of narcotics in the Middle East region by the Islamic Revolutionary Guard Corps and Iran backed groups.“(11) An assessment of groups that are supported by Iran and designated by the United States as foreign terrorist organizations and regional military groups, including Hezbollah, Hamas, the Houthis, and the Special Groups in Iraq, in particular those forces as having been assessed as to be willing to carry out terrorist operations on behalf of Iran.“(12) An assessment of how Iran would utilize additional resources to further activities described in paragraphs (1) through (9).“(c) In this section:“(1) The term ‘Iran’s conventional forces’—“(A) means military forces of the Islamic Republic of Iran designed to conduct operations on sea, air, or land, other than Iran’s unconventional forces and Iran’s ballistic missile forces and Iran’s cruise missile forces; and“(B) includes all branches and sub-branches of Iran’s national army or Artesh, such as its ground forces, air force, navy, and air defense forces as well as most branches of its parallel military, and the Islamic Revolutionary Guard Corps excluding its Quds-Force.“(2) The term ‘Iran’s unconventional forces’—“(A) means forces of the Islamic Republic of Iran that carry out missions typically associated with special operations forces; and“(B) includes—“(i) the Iranian Revolutionary Guard Corps–Quds Force; and“(ii) any organization that— “(I) has been designated a terrorist organization by the United States; “(II) receives assistance from Iran; and “(III)(aa) is assessed as being willing in some or all cases of carrying out attacks on behalf of Iran; or “(bb) is assessed as likely to carry out attacks in response to a military attack by another country on Iran.“(3) The term ‘Iran’s ballistic missile forces’ means those elements of the military forces of Iran that employ ballistic missiles.“(4) The term ‘Iran’s cruise missile forces’ means those elements of the military forces of Iran that employ cruise missiles capable of flights less than 500 kilometers.“(5) The term ‘specified countries’ means the countries in the same geographic region as Iran, including Israel, Lebanon, Syria, Jordan, Iraq, Afghanistan, Saudi Arabia, Turkey, Bahrain, Kuwait, the United Arab Emirates, Armenia, and Azerbaijan.“(d) The requirement to submit the report required under subsection (a) shall terminate on
[Pub. L. 115–91, div. A, title XII, § 1225(b),
[Pub. L. 114–328, div. A, title XII, § 1225(b),
[Pub. L. 114–92, div. A, title XII, § 1231(e),
[Pub. L. 113–66, div. A, title XII, § 1232(b),
[For termination, effective
Pub. L. 110–417, [div. A], title I, § 144,
Pub. L. 110–417, [div. A], title XII, § 1216,
Pub. L. 110–181, div. A, title V, § 598, “(a) The Secretary of Defense may conduct a program to commemorate the 50th anniversary of the Vietnam War. In conducting the commemorative program, the Secretary shall coordinate, support, and facilitate other programs and activities of the Federal Government, State and local governments, and other persons and organizations in commemoration of the Vietnam War.“(b) The Secretary of Defense shall determine the schedule of major events and priority of efforts for the commemorative program in order to ensure achievement of the objectives specified in subsection (c).“(c) The commemorative program may include activities and ceremonies to achieve the following objectives:“(1) To thank and honor veterans of the Vietnam War, including personnel who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans.“(2) To highlight the service of the Armed Forces during the Vietnam War and the contributions of Federal agencies and governmental and non-governmental organizations that served with, or in support of, the Armed Forces.“(3) To pay tribute to the contributions made on the home front by the people of the United States during the Vietnam War.“(4) To highlight the advances in technology, science, and medicine related to military research conducted during the Vietnam War.“(5) To recognize the contributions and sacrifices made by the allies of the United States during the Vietnam War.“(d) The Secretary of Defense shall have the sole and exclusive right to use the name ‘The United States of America Vietnam War Commemoration’, and such seal, emblems, and badges incorporating such name as the Secretary may lawfully adopt. Nothing in this section may be construed to supersede rights that are established or vested before the date of the enactment of this Act [“(e) “(1) If the Secretary establishes the commemorative program under subsection (a), the Secretary the Treasury shall establish in the Treasury of the United States an account to be known as the ‘Department of Defense Vietnam War Commemoration Fund’ (in this section referred to as the ‘Fund’). The Fund shall be administered by the Secretary of Defense.“(2) The Secretary shall use the assets of the Fund only for the purpose of conducting the commemorative program and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary.“(3) There shall be deposited into the Fund—“(A) amounts appropriated to the Fund;“(B) proceeds derived from the Secretary’s use of the exclusive rights described in subsection (d);“(C) donations made in support of the commemorative program by private and corporate donors; and“(D) funds transferred to the Fund by the Secretary from funds appropriated for fiscal year 2008 and subsequent years for the Department of Defense.“(4) Subject to subsection (g)(2), amounts deposited under paragraph (3) shall constitute the assets of the Fund and remain available until expended.“(5) The Secretary of Defense may establish a separate budget line for the commemorative program. In the budget justification materials submitted by the Secretary in support of the budget of the President for any fiscal year for which the Secretary establishes the separate budget line, the Secretary shall—“(A) identify and explain any amounts expended for the commemorative program in the fiscal year preceding the budget request;“(B) identify and explain the amounts being requested to support the commemorative program for the fiscal year of the budget request; and“(C) present a summary of the fiscal status of the Fund.“(f) “(1) Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. The Secretary of Defense shall prohibit the solicitation of any voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in the program.“(2) The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph.“(g) “(1) Not later than 60 days after the end of the commemorative program, if established by the Secretary of Defense under subsection (a), the Secretary shall submit to Congress a report containing an accounting of—“(A) all of the funds deposited into and expended from the Fund;“(B) any other funds expended under this section; and“(C) any unobligated funds remaining in the Fund.“(2) Unobligated amounts remaining in the Fund as of the end of the commemorative period specified in subsection (b) shall be held in the Fund until transferred by law.“(h) Total expenditures from the Fund, using amounts appropriated to the Department of Defense, may not exceed $5,000,000 for fiscal year 2008 or for any subsequent fiscal year to carry out the commemorative program.“(i) Of the amount authorized to be appropriated pursuant to section 301(5) [122 Stat. 53] for Defense-wide activities, $1,000,000 shall be available for deposit in the Fund for fiscal year 2008 if the Fund is established under subsection (e).”
Pub. L. 116–283, div. A, title X, § 1090,
Pub. L. 115–232, div. A, title VI, § 626,
Pub. L. 114–328, div. A, title III, § 346,
Pub. L. 114–328, div. A, title X, § 1050,
Pub. L. 112–239, div. B, title XXVIII, § 2812,
Pub. L. 110–181, div. A, title X, § 1069,
Pub. L. 110–181, div. A, title X, § 1074,
Pub. L. 110–181, div. A, title XII, § 1208, “(a) The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the Secretary of a military department or a commander of a combatant command to exchange or furnish automatic identification system data broadcast by merchant or private ships and collected by the United States to a foreign country or international organization pursuant to an agreement for the exchange or production of such data. Such data may be transferred pursuant to this section without cost to the recipient country or international organization.“(b) In this section:“(1) The term ‘automatic identification system’ means a system that is used to satisfy the requirements of the Automatic Identification System under the International Convention for the Safety of Life at Sea, signed at London on “(2) The term ‘commander of a combatant command’ means a commander of a combatant command (as such term is defined in section 161(c) of title 10, United States Code) with a geographic area of responsibility.”
Pub. L. 110–181, div. A, title XII, § 1225,
Pub. L. 110–181, div. A, title XVIII, § 1814,
Pub. L. 110–181, div. A, title XVIII, § 1815(a)–(d), “(a) The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall determine the military-unique capabilities needed to be provided by the Department of Defense to support civil authorities in an incident of national significance or a catastrophic incident.“(b) “(1) The Secretary of Defense shall develop and implement a plan, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, for providing the funds and resources necessary to develop and maintain the following:“(A) The military-unique capabilities determined under subsection (a).“(B) Any additional capabilities determined by the Secretary to be necessary to support the use of the active components and the reserve components of the Armed Forces for homeland defense missions, domestic emergency responses, and providing military support to civil authorities.“(2) The plan required under paragraph (1) shall cover at least five years.“(c) The Secretary of Defense shall include in the materials accompanying the budget submitted for each fiscal year a request for funds necessary to carry out the plan required under subsection (b) during the fiscal year covered by the budget. The defense budget materials shall delineate and explain the budget treatment of the plan for each component of each military department, each combatant command, and each affected Defense Agency.“(d) In this section:“(1) The term ‘military-unique capabilities’ means those capabilities that, in the view of the Secretary of Defense—“(A) cannot be provided by other Federal, State, or local civilian agencies; and“(B) are essential to provide support to civil authorities in an incident of national significance or a catastrophic incident.“(2) The term ‘defense budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.”
Pub. L. 109–364, div. A, title V, § 564, “(a) In support of the comprehensive policy on the provision of assistance to severely wounded or injured servicemembers required by section 563 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3269; 10 U.S.C. 113 note), the Secretary of Defense shall establish within the Department of Defense a center to augment and support the programs and activities of the military departments for the provision of such assistance, including the programs of the military departments referred to in subsection (c).“(b) The center established under subsection (a) shall be known as the ‘Military Severely Injured Center’ (in this section referred to as the ‘Center’).“(c) The programs of the military departments referred to in this subsection are the following:“(1) The Army Wounded Warrior Support Program.“(2) The Navy Safe Harbor Program.“(3) The Palace HART Program of the Air Force.“(4) The Marine for Life Injured Support Program of the Marine Corps.“(d) “(1) The Center shall carry out such programs and activities to augment and support the programs and activities of the military departments for the provision of assistance to severely wounded or injured servicemembers and their families as the Secretary of Defense, in consultation with the Secretaries of the military departments and the heads of other appropriate departments and agencies of the Federal Government (including the Secretary of Labor and the Secretary of Veterans Affairs), determines appropriate.“(2) The activities of the Center under this subsection shall include the establishment and maintenance of a central database. The database shall be transparent and shall be accessible for use by all of the programs of the military departments referred to in subsection (c).“(e) The Secretary of Defense shall allocate to the Center such personnel and other resources as the Secretary of Defense, in consultation with the Secretaries of the military departments, considers appropriate in order to permit the Center to carry out effectively the programs and activities assigned to the Center under subsection (d).”
Pub. L. 109–163, div. A, title V, § 563, “(a) “(1) Not later than “(2) The Secretary shall develop the policy required by paragraph (1) in consultation with the Secretaries of the military departments, the Secretary of Veterans Affairs, and the Secretary of Labor.“(3) The policy required by paragraph (1) shall be based on—“(A) the experience and best practices of the military departments, including the Army Wounded Warrior Program, the Marine Corps Marine for Life Injured Support Program, the Air Force Palace HART program, and the Navy Wounded Marines and Sailors Initiative;“(B) the recommendations of nongovernment organizations with demonstrated expertise in responding to the needs of severely wounded or injured servicemembers; and“(C) such other matters as the Secretary of Defense considers appropriate.“(4) The policy shall include guidelines to be followed by the military departments in the provision of assistance to severely wounded or injured servicemembers. The procedures and standards shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a particular military department. The procedures and standards shall establish a minimum level of support and shall specify the duration of programs.“(b) The comprehensive policy developed under subsection (a) shall address the following matters:“(1) Coordination with the Severely Injured Joint Support Operations Center of the Department of Defense.“(2) Promotion of a seamless transition to civilian life for severely wounded or injured servicemembers who are or are likely to be separated on account of their wound or injury.“(3) Identification and resolution of special problems or issues related to the transition to civilian life of severely wounded or injured servicemembers who are members of the reserve components.“(4) The qualifications, assignment, training, duties, supervision, and accountability for the performance of responsibilities for the personnel providing assistance to severely wounded or injured servicemembers.“(5) Centralized, short-term and long-term case-management procedures for assistance to severely wounded or injured servicemembers by each military department, including rapid access for severely wounded or injured servicemembers to case managers and counselors.“(6) The provision, through a computer accessible Internet website and other means and at no cost to severely wounded or injured servicemembers, of personalized, integrated information on the benefits and financial assistance available to such members from the Federal Government.“(7) The provision of information to severely wounded or injured servicemembers on mechanisms for registering complaints about, or requests for, additional assistance.“(8) Participation of family members.“(9) Liaison with the Department of Veterans Affairs and the Department of Labor in order to ensure prompt and accurate resolution of issues relating to benefits administered by those agencies for severely wounded or injured servicemembers.“(10) Data collection regarding the incidence and quality of assistance provided to severely wounded or injured servicemembers, including surveys of such servicemembers and military and civilian personnel whose assigned duties include assistance to severely wounded or injured servicemembers.“(c) Not later than
Pub. L. 109–364, div. A, title XIV, § 1402,
Pub. L. 115–232, div. A, title X, § 1084(b), “(1) The Secretary of Defense shall establish the database required by section 1406 of the John Warner National Defense Authorization Act for Fiscal Year 2007 [section 1406 of Pub. L. 109–364, set out below], as amended by subsection (a), by not later than one year after the date of the enactment of this Act [“(2) The Secretary may meet the requirement with respect to the capabilities described in subsection (a)(1) of section 1406 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as so amended, in connection with the database required by that section through the use or modification of current databases and tracking systems of the Department of Defense, including the Defense Readiness Reporting System, if the Secretary determines that such action will—“(A) expedite compliance with the requirement; and“(B) achieve such compliance at a cost not greater than the cost of establishing anew the database otherwise covered by the requirement.”
Pub. L. 109–364, div. A, title XIV, § 1406, “(a) The Secretary of Defense shall maintain a database of emergency response capabilities that includes the following:“(1) The types of emergency response capabilities that each State’s National Guard, as reported by the States, may be able to provide in response to a domestic natural or manmade disaster, both to their home States and under State-to-State mutual assistance agreements.“(2) The types of emergency response capabilities that the Department of Defense may be able to provide in support of the National Response Plan’s Emergency Support Functions, and identification of the units that provide these capabilities.“(3) The types of emergency response cyber capabilities that the National Guard of each State and territory may be able to provide in response to domestic or natural man-made disasters, as reported by the States and territories, including—“(A) capabilities that can be provided within the State or territory;“(B) capabilities that can be provided under State-to-State mutual assistance agreements; and“(C) capabilities for defense support to civil authorities.“(4) The types of emergency response cyber capabilities of other reserve components of the Armed Forces identified by the Secretary that are available for defense support to civil authorities in response to domestic or natural man-made disasters.“(b) In maintaining the database required by subsection (a), the Secretary shall identify and revise the information required to be reported and included in the database at least once every two years for purposes of keeping the database current.”
Pub. L. 109–163, div. A, title III, § 354, “(a) Not later than “(1) an assessment of the impact on military readiness caused by undocumented immigrants whose entry into the United States involves trespassing upon operational ranges of the Department of Defense; and“(2) a plan for the implementation of measures to prevent such trespass.“(b) The assessment required by subsection (a)(1) shall be prepared by the Secretary of Defense. The assessment shall include the following:“(1) A listing of the operational ranges adversely affected by the trespass of undocumented immigrants upon operational ranges.“(2) A description of the types of range activities affected by such trespass.“(3) A determination of the amount of time lost for range activities, and the increased costs incurred, as a result of such trespass.“(4) An evaluation of the nature and extent of such trespass and means of travel.“(5) An evaluation of the factors that contribute to the use by undocumented immigrants of operational ranges as a means to enter the United States.“(6) A description of measures currently in place to prevent such trespass, including the use of barriers to vehicles and persons, military patrols, border patrols, and sensors.“(c) The plan required by subsection (a)(2) shall be prepared jointly by the Secretary of Defense and the Secretary of Homeland Security. The plan shall include the following:“(1) The types of measures to be implemented to improve prevention of trespass of undocumented immigrants upon operational ranges, including the specific physical methods, such as barriers and increased patrols or monitoring, to be implemented and any legal or other policy changes recommended by the Secretaries.“(2) The costs of, and timeline for, implementation of the plan.“(d) Not later than “(e) In this section, the terms ‘operational range’ and ‘range activities’ have the meaning given those terms in section 101(e) of title 10, United States Code [now 10 U.S.C. 101(f)].”
Pub. L. 109–163, div. A, title V, § 554,
Pub. L. 109–163, div. A, title X, § 1055, “(a) The Secretary of Defense may not destroy any official record in the custody or control of the Department of Defense that contains information relating to radioactive fallout from nuclear weapons testing.“(b) The Secretary of Defense shall identify, preserve, and make available any unclassified information contained in official records referred to in subsection (a).”
Pub. L. 109–163, div. A, title X, § 1071, “(a) “(1) The Secretary of Defense shall develop and implement a plan to ensure that the mail within the military mail system is safe for delivery. The plan shall provide for the screening of all mail within the military mail system in order to detect the presence of biological, chemical, or radiological weapons, agents, or pathogens or explosive devices before mail within the military mail system is delivered to its intended recipients.“(2) The budget justification materials submitted to Congress with the budget of the President for fiscal year 2007 and each fiscal year thereafter shall include a description of the amounts required in such fiscal year to carry out the plan.“(b) “(1) Not later than 120 days after the date of the enactment of this Act [“(2) The report shall include the following:“(A) An assessment of any existing deficiencies in the military mail system in ensuring that mail within the military mail system is safe for delivery.“(B) The plan required by subsection (a).“(C) An estimate of the time and resources required to implement the plan.“(D) A description of the delegation within the Department of Defense of responsibility for ensuring that mail within the military mail system is safe for delivery, including responsibility for the development, implementation, and oversight of improvements to the military mail system to ensure that mail within the military mail system is safe for delivery.“(3) The report shall be submitted in unclassified form, but may include a classified annex.“(c) “(1) In this section, the term ‘mail within the military mail system’ means—“(A) any mail that is posted through the Military Post Offices (including Army Post Offices (APOs) and Fleet Post Offices (FPOs)), Department of Defense mail centers, military Air Mail Terminals, and military Fleet Mail Centers; and“(B) any mail or package posted in the United States that is addressed to an unspecified member of the Armed Forces.“(2) The term includes any official mail posted by the Department of Defense. The term does not include any mail posted as otherwise described in paragraph (1) that has been screened for safety for delivery by the United States Postal Service before such posting.”
Pub. L. 109–163, div. A, title XII, § 1221, “(a) The Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], in accordance with this section, a report on procurement and equipment maintenance costs for each of Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle and on facility infrastructure costs associated with each of Operation Iraqi Freedom and Operation Enduring Freedom. The report shall include the following:“(1) A specification of costs of procurement funding requested since fiscal year 2003, together with end-item quantities requested and the purpose of the request (such as replacement for battle losses, improved capability, increase in force size, restructuring of forces), shown by service.“(2) A cost comparison of the requirements for equipment maintenance expenditures during peacetime and for such requirements during wartime, as shown by the requirements in each of Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle. The cost comparison shall include—“(A) a description of the effect of war operations on the backlog of maintenance requirements over the period of fiscal years 2003 to the time of the report; and“(B) an examination of the extent to which war operations have precluded maintenance from being performed because equipment was unavailable.“(3) A specification of the number of United States military personnel that can be supported by the facility infrastructure in Iraq and Afghanistan and in the neighboring countries from where Operation Iraq Freedom and Operation Enduring Freedom are supported.“(b) The report under subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act [“(c) Not later than 45 days after the end of each fiscal year quarter, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] and the Comptroller General of the United States the Department of Defense Supplemental and Cost of War Execution report for such fiscal year quarter.”
Pub. L. 109–163, div. A, title XII, § 1224,
Pub. L. 109–163, div. A, title XII, § 1233, “(a) As part of the Integrated Global Presence and Basing Strategy (IGPBS) developed by the Department of Defense that is referred to as the ‘Global Posture Review’, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop criteria for assessing, with respect to each type of facility specified in subsection (c) that is to be located in a foreign country, the following factors:“(1) The effect of any new basing arrangements on the strategic mobility requirements of the Department of Defense.“(2) The ability of units deployed to overseas locations in areas in which United States Armed Forces have not traditionally been deployed to meet mobility response times required by operational planners.“(3) The cost of deploying units to areas referred to in paragraph (2) on a rotational basis (rather than on a permanent basing basis).“(4) The strategic benefit of rotational deployments through countries with which the United States is developing a close or new security relationship.“(5) Whether the relative speed and complexity of conducting negotiations with a particular country is a discriminator in the decision to deploy forces within the country.“(6) The appropriate and available funding mechanisms for the establishment, operation, and sustainment of specific Main Operating Bases, Forward Operating Bases, or Cooperative Security Locations.“(7) The effect on military quality of life of the unaccompanied deployment of units to new facilities in overseas locations.“(8) Other criteria as Secretary of Defense determines appropriate.“(b) The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop a mechanism for analyzing alternatives to any particular overseas basing or operating location. Such a mechanism shall incorporate the factors specified in each of paragraphs (1) through (5) of subsection (a).“(c) The Secretary of Defense shall develop a description of minimal infrastructure requirements for each of the following types of facilities:“(1) Facilities categorized as Main Operating Bases.“(2) Facilities categorized as Forward Operating Bases.“(3) Facilities categorized as Cooperative Security Locations.“(d) Not later than 30 days after an agreement is entered into between the United States and a foreign country to support the deployment of elements of the United States Armed Forces in that country, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a written notification of such agreement. The notification under this subsection shall include the terms of the agreement, any costs to the United States resulting from the agreement, and a timeline to carry out the terms of the agreement.“(e) The Secretary of Defense shall submit to Congress, as an element of the annual budget request of the Secretary, information regarding the funding sources for the establishment, operation, and sustainment of individual Main Operating Bases, Forward Operating Bases, or Cooperative Security Locations.“(f) Not later than
Pub. L. 108–375, div. A, title V, § 573, “(a) The Secretary of Defense shall take such steps as may be necessary to ensure that—“(1) the United States Army Criminal Investigation Laboratory has the personnel and resources to effectively process forensic evidence used by the Department of Defense within 60 days of receipt by the laboratory of such evidence;“(2) consistent policies are established among the Armed Forces to reduce the time period between the collection of forensic evidence and the receipt and processing of such evidence by United States Army Criminal Investigation Laboratory; and“(3) there is an adequate supply of forensic evidence collection kits—“(A) for all United States military installations, including the military service academies; and“(B) for units of the Armed Forces deployed in theaters of operation.“(b) The Secretary shall take such measures as the Secretary considers appropriate to ensure that personnel are appropriately trained—“(1) in the use of forensic evidence collection kits; and“(2) in the prescribed procedures to ensure protection of the chain of custody of such kits once used.”
Pub. L. 108–375, div. A, title VII, § 724,
Pub. L. 108–375, div. A, title IX, § 932,
Pub. L. 108–375, div. A, title X, § 1032,
Pub. L. 108–375, div. A, title X, § 1085, “(1) the Department of Interior, the Department of Commerce, the Department of Homeland Security, the Department of Transportation, the Federal Communications Commission, or the National Aeronautics and Space Administration; or“(2) the Department of Defense, either directly or through a Department of Defense contract with an emergency medical service provider or other private entity to provide such capabilities.”
Pub. L. 108–375, div. A, title XIV, “The Secretary of State, in consultation with the Secretary of Defense, is encouraged to negotiate and conclude bilateral and multilateral agreements with foreign countries with regard to sunken military craft consistent with this title.“SEC. 1401. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND ASSOCIATED CONTENTS.“Right, title, and interest of the United States in and to any United States sunken military craft—“(1) shall not be extinguished except by an express divestiture of title by the United States; and“(2) shall not be extinguished by the passage of time, regardless of when the sunken military craft sank.“SEC. 1402. PROHIBITIONS.“(a) No person shall engage in or attempt to engage in any activity directed at a sunken military craft that disturbs, removes, or injures any sunken military craft, except—“(1) as authorized by a permit under this title;“(2) as authorized by regulations issued under this title; or“(3) as otherwise authorized by law.“(b) No person may possess, disturb, remove, or injure any sunken military craft in violation of—“(1) this section; or“(2) any prohibition, rule, regulation, ordinance, or permit that applies under any other applicable law.“(c) “(1) This section shall not apply to actions taken by, or at the direction of, the United States.“(2) This section shall not apply to any action by a person who is not a citizen, national, or resident alien of the United States, except in accordance with—“(A) generally recognized principles of international law;“(B) an agreement between the United States and the foreign country of which the person is a citizen; or“(C) in the case of an individual who is a crew member or other individual on a foreign vessel or foreign aircraft, an agreement between the United States and the flag State of the foreign vessel or aircraft that applies to the individual.“(3) This section does not prohibit the loan of United States sunken military craft in accordance with regulations issued by the Secretary concerned.“SEC. 1403. PERMITS.“(a) The Secretary concerned may issue a permit authorizing a person to engage in an activity otherwise prohibited by section 1402 with respect to a United States sunken military craft, for archaeological, historical, or educational purposes, in accordance with regulations issued by such Secretary that implement this section.“(b) The Secretary concerned shall require that any activity carried out under a permit issued by such Secretary under this section must be consistent with all requirements and restrictions that apply under any other provision of Federal law.“(c) In carrying out this section (including the issuance after the date of the enactment of this Act [“(d) At the request of any foreign State, the Secretary of the Navy, in consultation with the Secretary of State, may carry out this section (including regulations promulgated pursuant to this section) with respect to any foreign sunken military craft of that foreign State located in United States waters.“SEC. 1404. PENALTIES.“(a) Any person who violates this title, or any regulation or permit issued under this title, shall be liable to the United States for a civil penalty under this section.“(b) The Secretary concerned may assess a civil penalty under this section, after notice and an opportunity for a hearing, of not more than $100,000 for each violation.“(c) Each day of a continued violation of this title or a regulation or permit issued under this title shall constitute a separate violation for purposes of this section.“(d) A vessel used to violate this title shall be liable in rem for a penalty under this section for such violation.“(e) If the Secretary concerned determines that there is an imminent risk of disturbance of, removal of, or injury to any sunken military craft, or that there has been actual disturbance of, removal of, or injury to a sunken military craft, the Attorney General, upon request of the Secretary concerned, may seek such relief as may be necessary to abate such risk or actual disturbance, removal, or injury and to return or restore the sunken military craft. The district courts of the United States shall have jurisdiction in such a case to order such relief as the public interest and the equities of the case may require.“(f) An action to enforce a violation of section 1402 or any regulation or permit issued under this title may not be brought more than 8 years after the date on which—“(1) all facts material to the right of action are known or should have been known by the Secretary concerned; and“(2) the defendant is subject to the jurisdiction of the appropriate district court of the United States or administrative forum.“SEC. 1405. LIABILITY FOR DAMAGES.“(a) Any person who engages in an activity in violation of section 1402 or any regulation or permit issued under this title that disturbs, removes, or injures any United States sunken military craft shall pay the United States enforcement costs and damages resulting from such disturbance, removal, or injury.“(b) Damages referred to in subsection (a) may include—“(1) the reasonable costs incurred in storage, restoration, care, maintenance, conservation, and curation of any sunken military craft that is disturbed, removed, or injured in violation of section 1402 or any regulation or permit issued under this title; and“(2) the cost of retrieving, from the site where the sunken military craft was disturbed, removed, or injured, any information of an archaeological, historical, or cultural nature.“SEC. 1406. RELATIONSHIP TO OTHER LAWS.“(a) Except to the extent that an activity is undertaken as a subterfuge for activities prohibited by this title, nothing in this title is intended to affect—“(1) any activity that is not directed at a sunken military craft; or“(2) the traditional high seas freedoms of navigation, including—“(A) the laying of submarine cables and pipelines;“(B) operation of vessels;“(C) fishing; or“(D) other internationally lawful uses of the sea related to such freedoms.“(b) This title and any regulations implementing this title shall be applied in accordance with generally recognized principles of international law and in accordance with the treaties, conventions, and other agreements to which the United States is a party.“(c) The law of finds shall not apply to—“(1) any United States sunken military craft, wherever located; or“(2) any foreign sunken military craft located in United States waters.“(d) No salvage rights or awards shall be granted with respect to—“(1) any United States sunken military craft without the express permission of the United States; or“(2) any foreign sunken military craft located in United States waters without the express permission of the relevant foreign state.“(e) Nothing in this title is intended to alter the international law of capture or prize with respect to sunken military craft.“(f) Nothing in sections 4281 through 4287 and 4289 of the Revised Statutes ([former] 46 U.S.C. App. 181 et seq.) [see chapter 305 of Title 46, Shipping] or section 3 of the Act of February 13, 1893 (chapter 105; 27 Stat. 445; [former] 46 U.S.C. App. 192) [now 46 U.S.C. 30706], shall limit the liability of any person under this section.“(g) Nothing in this title is intended to preclude or limit the application of any other law enforcement authorities of the Commandant of the Coast Guard.“(h) Nothing in this title shall invalidate any prior delegation, authorization, or related regulation that is consistent with this title.“(i) Nothing in this title is intended to prevent the United States from pursuing criminal sanctions for plundering of wrecks, larceny of Government property, or violation of any applicable criminal law.“(j) Pursuant to subparagraphs (A)(ii) and (B) of section 552(b)(3) of title 5[,] United States Code, the Secretary concerned may withhold from public disclosure information and data about the location or related artifacts of a sunken military craft under the jurisdiction of the Secretary, if such disclosure would increase the risk of the unauthorized disturbance of one or more sunken military craft.“SEC. 1407. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN COUNTRIES.“SEC. 1408. DEFINITIONS.“In this title:“(1) The term ‘associated contents’ means—“(A) the equipment, cargo, and contents of a sunken military craft that are within its debris field; and“(B) the remains and personal effects of the crew and passengers of a sunken military craft that are within its debris field.“(2) The term ‘Secretary concerned’ means—“(A) subject to subparagraph (B), the Secretary of a military department; and“(B) in the case of a Coast Guard vessel, the Secretary of the Department in which the Coast Guard is operating.“(3) The term ‘sunken military craft’ means all or any portion of—“(A) any sunken warship, naval auxiliary, or other vessel that was owned or operated by a government on military noncommercial service when it sank;“(B) any sunken military aircraft or military spacecraft that was owned or operated by a government when it sank; and“(C) the associated contents of a craft referred to in subparagraph (A) or (B),if title thereto has not been abandoned or transferred by the government concerned.“(4) The term ‘United States contiguous zone’ means the contiguous zone of the United States under Presidential Proclamation 7219, dated “(5) The term ‘United States internal waters’ means all waters of the United States on the landward side of the baseline from which the breadth of the United States territorial sea is measured.“(6) The term ‘United States territorial sea’ means the waters of the United States territorial sea under Presidential Proclamation 5928, dated “(7) The term ‘United States waters’ means United States internal waters, the United States territorial sea, and the United States contiguous zone.”
Pub. L. 108–177, title III, § 358,
Pub. L. 108–136, div. A, title XII, § 1204,
Pub. L. 108–136, div. A, title II, § 216,
Pub. L. 108–136, div. A, title III, § 320,
Pub. L. 108–136, div. A, title III, § 337,
Pub. L. 108–136, div. A, title V, § 517(b),
Pub. L. 108–136, div. A, title V, § 546,
Pub. L. 108–136, div. A, title XVI, § 1602, “(a) (1) The Secretary of Defense (in this section referred to as the ‘Secretary’) shall on an ongoing basis—“(A) assess current and emerging threats of use of biological, chemical, radiological, and nuclear agents; and“(B) identify, on the basis of such assessment, those agents that present a material risk of use against the Armed Forces.“(2) The Secretary shall on an ongoing basis—“(A) assess the potential consequences to the health of members of the Armed Forces of use against the Armed Forces of the agents identified under paragraph (1)(B); and“(B) identify, on the basis of such assessment, those agents for which countermeasures are necessary to protect the health of members of the Armed Forces.“(b) The Secretary shall on an ongoing basis assess the availability and appropriateness of specific countermeasures to address specific threats identified under subsection (a).“(c) (1) The Secretary, in accordance with paragraph (2), shall on an ongoing basis identify specific countermeasures that the Secretary determines to be appropriate for procurement for the Department of Defense stockpile of biomedical countermeasures.“(2) The Secretary may not identify a specific countermeasure under paragraph (1) unless the Secretary determines that—“(A) the countermeasure is a qualified countermeasure; and“(B) it is reasonable to expect that producing and delivering, within 5 years, the quantity of that countermeasure required to meet the needs of the Department (as determined by the Secretary) is feasible.“(d) (1) Activities of the Secretary under this section shall be carried out in regular, structured, and close consultation and coordination with the Secretaries of Homeland Security and Health and Human Services, including the activities described in subsections (a), (b), and (c) and those activities with respect to interagency agreements described in paragraph (2).“(2) The Secretary may enter into an interagency agreement with the Secretaries of Homeland Security and Health and Human Services to provide for acquisition by the Secretary of Defense for use by the Armed Forces of biomedical countermeasures procured for the Strategic National Stockpile by the Secretary of Health and Human Services. The Secretary may transfer such funds to the Secretary of Health and Human Services as are necessary to carry out such agreements (including administrative costs of the Secretary of Health and Human Services), and the Secretary of Health and Human Services may expend any such transferred funds to procure such countermeasures for use by the Armed Forces, or to replenish the stockpile. The Secretaries are authorized to establish such terms and conditions for such agreements as the Secretaries determine to be in the public interest. The transfer authority provided under this paragraph is in addition to any other transfer authority available to the Secretary.“(e) In this section:“(1) The term ‘qualified countermeasure’ means a biomedical countermeasure—“(A) that is approved under section 505(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262), or that is approved under section 515 or cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e and 360) for use as such a countermeasure to a biological, chemical, radiological, or nuclear agent identified as a material threat under subsection (a); or“(B) with respect to which the Secretary of Health and Human Services makes a determination that sufficient and satisfactory clinical experience or research data (including data, if available, from preclinical and clinical trials) exists to support a reasonable conclusion that the product will qualify for such approval or licensing for use as such a countermeasure.“(2) The term ‘biomedical countermeasure’ means a drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1))), device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h))), or biological product (as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i))) that is—“(A) used to treat, identify, or prevent harm from any biological, chemical, radiological, or nuclear agent that may cause a military health emergency affecting the Armed Forces; or“(B) used to treat, identify, or prevent harm from a condition that may result in adverse health consequences or death and may be caused by administering a drug or biological product that is used as described in subparagraph (A).“(3) The term ‘Strategic National Stockpile’ means the stockpile established under section 121(a) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh–12(a)).“(f) Of the amount authorized to be appropriated for the Department of Defense and available within the transfer authority established under section 1001 of this Act [117 Stat. 1582] for fiscal year 2004 and for each fiscal year thereafter, such sums are authorized as may be necessary for the costs incurred by the Secretary in the procurement of countermeasures under this section.”
Pub. L. 110–181, div. A, title II, § 243,
Pub. L. 108–136, div. A, title X, § 1032,
Pub. L. 109–13, div. A, title I, § 1024(c), “(1) Each semiannual report to Congress required under a provision of law referred to in paragraph (2) shall include, in addition to the matters specified in the applicable provision of law, the following:“(A) A statement of the cumulative total of all amounts obligated, and of all amounts expended, as of the date of such report for Operation Enduring Freedom.“(B) A statement of the cumulative total of all amounts obligated, and of all amounts expended, as of the date of such report for Operation Iraqi Freedom.“(C) An estimate of the reasonably foreseeable costs for ongoing military operations to be incurred during the 12-month period beginning on the date of such report.“(2) The provisions of law referred to in this paragraph are as follows:“(A) Section 1120 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1219; 10 U.S.C. 113 note).“(B) Section 9010 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1008; 10 U.S.C. 113 note).”
Pub. L. 108–287, title IX, § 9010, “(a) Not later than April 30 and October 31 of each year, the Secretary of Defense shall submit to Congress a report on the military operations of the Armed Forces and the reconstruction activities of the Department of Defense in Iraq and Afghanistan.“(b) Each report shall include the following information:“(1) For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities.“(2) An assessment of the progress made toward preventing attacks on United States personnel.“(3) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces.“(4) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces.“(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan.“(6) The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report.“(7) The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12302 of title 10, United States Code.“(8) For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12302 of title 10, United States Code, the following information:“(A) The unit.“(B) The projected date of return of the unit to its home station.“(C) The extent (by percentage) to which the forces deployed within the United States and outside the United States in support of a contingency operation are composed of reserve component forces.”
Pub. L. 108–106, title I, § 1120, “(a) Not later than April 30 and October 31 of each year, the Secretary of Defense shall submit to Congress a report on the military operations of the Armed Forces and the reconstruction activities of the Department of Defense in Iraq and Afghanistan.“(b) Each report shall include the following information:“(1) For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities.“(2) An assessment of the progress made toward preventing attacks on United States personnel.“(3) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces.“(4) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces.“(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan.“(6) The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report.“(7) The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12304 of title 10, United States Code.“(8) For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12304 of title 10, United States Code, the following information:“(A) The unit.“(B) The projected date of return of the unit to its home station.“(C) The extent (by percentage) to which the forces deployed within the United States and outside the United States in support of a contingency operation are composed of reserve component forces.”
Pub. L. 107–314, div. A, title II, § 233,
Pub. L. 107–314, div. A, title III, § 366, “(a) (1) The Secretary of Defense shall develop a comprehensive plan for using existing authorities available to the Secretary of Defense and the Secretaries of the military departments to address training constraints caused by limitations on the use of military lands, marine areas, and airspace that are available in the United States and overseas for training of the Armed Forces.“(2) As part of the preparation of the plan, the Secretary of Defense shall conduct the following:“(A) An assessment of current and future training range requirements of the Armed Forces.“(B) An evaluation of the adequacy of current Department of Defense resources (including virtual and constructive training assets as well as military lands, marine areas, and airspace available in the United States and overseas) to meet those current and future training range requirements.“(3) The plan shall include the following:“(A) Proposals to enhance training range capabilities and address any shortfalls in current Department of Defense resources identified pursuant to the assessment and evaluation conducted under paragraph (2).“(B) Goals and milestones for tracking planned actions and measuring progress.“(C) Projected funding requirements for implementing planned actions.“(D) Designation of an office in the Office of the Secretary of Defense and in each of the military departments that will have lead responsibility for overseeing implementation of the plan.“(4) At the same time as the President submits to Congress the budget for fiscal year 2004, the Secretary of Defense shall submit to Congress a report describing the progress made in implementing this subsection, including—“(A) the plan developed under paragraph (1);“(B) the results of the assessment and evaluation conducted under paragraph (2); and“(C) any recommendations that the Secretary may have for legislative or regulatory changes to address training constraints identified pursuant to this section.“(5) At the same time as the President submits to Congress the budget for each fiscal year through fiscal year 2018, the Secretary shall submit to Congress a report describing the progress made in implementing the plan and any additional actions taken, or to be taken, to address training constraints caused by limitations on the use of military lands, marine areas, and airspace.“(b) Not later than “(c) (1) The Secretary of Defense shall develop and maintain a training range inventory for each of the Armed Forces—“(A) to identify all available operational training ranges;“(B) to identify all training capacities and capabilities available at each training range; and“(C) to identify training constraints caused by limitations on the use of military lands, marine areas, and airspace at each training range.“(2) The Secretary of Defense shall submit an initial inventory to Congress at the same time as the President submits the budget for fiscal year 2004 and shall submit an updated inventory to Congress at the same time as the President submits the budget for each fiscal year through fiscal year 2018.“(d) GAO The Secretary of Defense shall transmit copies of each report required by subsections (a) and (b) to the Comptroller General. Within 90 days of receiving a report, the Comptroller General shall submit to Congress an evaluation of the report.“(e) In this section, the term ‘Armed Forces’ means the Army, Navy, Air Force, and Marine Corps.”
Pub. L. 107–314, div. A, title X, § 1004,
Pub. L. 107–107, div. A, title X, § 1008, “[(a)“(c) Not later than the date that is 180 days prior to the date set by the Office of Management and Budget for the submission of financial statements of each year [sic], the Under Secretary of Defense (Comptroller) and the Assistant Secretary of each military department with responsibility for financial management and comptroller functions shall each provide to the auditors of the financial statement of that official’s department for the fiscal year ending during the preceding month that official’s preliminary management representation, in writing, regarding the expected reliability of the financial statement. The representation shall be consistent with guidance issued by the Director of the Office of Management and Budget and shall include the basis for the reliability assessment stated in the representation.“[(d)
Pub. L. 107–314, div. A, title X, § 1043,
Pub. L. 107–314, div. A, title XIV, § 1402,
Pub. L. 106–398, § 1 [[div. A], title V, § 552], “(a) The Secretary of Defense shall establish a policy creating a uniform process within the Department of Defense that—“(1) affords any individual who, in connection with the investigation of a reported crime, is designated (by name or by any other identifying information) as a suspect in the case in any official investigative report, or in a central index for potential retrieval and analysis by law enforcement organizations, an opportunity to obtain a review of that designation; and“(2) requires the expungement of the name and other identifying information of any such individual from such report or index in any case in which it is determined the entry of such identifying information on that individual was made contrary to Department of Defense requirements.“(b) The policy required by subsection (a) shall be established not later than 120 days after the date of the enactment of this Act [
Pub. L. 106–398, § 1 [[div. A], title V, § 576],
Pub. L. 106–398, § 1 [[div. A], title XI, § 1105],
Pub. L. 106–398, § 1 [[div. A], title XI, § 1111],
Pub. L. 106–398, § 1 [[div. A], title XI, § 1112],
Pub. L. 106–398, § 1 [[div. A], title XII, § 1223],
Pub. L. 106–65, div. A, title III, § 366, “(a) The Secretary of each military department shall establish, for deployable units of each of the Armed Forces under the jurisdiction of the Secretary, standards regarding—“(1) the level of spare parts that the units must have on hand; and“(2) similar logistics and sustainment needs of the units.“(b) The standards to be established for a unit under subsection (a) shall be based upon the following:“(1) The unit’s wartime mission, as reflected in the war-fighting plans of the relevant combatant commanders.“(2) An assessment of the likely requirement for sustained operations under each such war-fighting plan.“(3) An assessment of the likely requirement for that unit to conduct sustained operations in an austere environment, while drawing exclusively on its own internal logistics capabilities.“(c) The standards to be established by the Secretary of a military department under subsection (a) shall reflect those spare parts and similar logistics capabilities that the Secretary considers sufficient for the units of each of the Armed Forces under the Secretary’s jurisdiction to successfully execute their missions under the conditions described in subsection (b).“(d) The standards established under subsection (a) shall be taken into account in designing the comprehensive readiness reporting system for the Department of Defense required by section 117 of title 10, United States Code, and shall be an element in determining a unit’s readiness status.“(e) The Secretary of Defense shall consider the standards established under subsection (a) in establishing the annual funding requirements for the Department of Defense.”
Pub. L. 106–65, div. A, title III, § 373(a)–(g),
Pub. L. 106–65, div. A, title V, § 526,
Pub. L. 106–65, div. A, title V, § 581,
Pub. L. 106–65, div. A, title X, § 1025,
Pub. L. 106–65, div. A, title X, § 1039,
Pub. L. 106–65, div. A, title X, § 1053,
Pub. L. 118–50, div. G, § 2, “(a) As part of each annual report submitted under section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) (commonly referred to as the ‘China Military Power report’), the Secretary of Defense and Secretary of State, in consultation with the heads of such other Federal departments and agencies as the Secretary of Defense and Secretary of State may determine appropriate, shall include a component on emerging technological developments involving the People’s Republic of China.“(b) Each report component referred to in subsection (a) shall include an identification and assessment of at least five fields of critical or emerging technologies in which the People’s Liberation Army is invested, or for which there are Military-Civil Fusion Development Strategy programs of the People’s Republic of China, including the following:“(1) A brief summary of each such identified field and its relevance to the military power and national security of the People’s Republic of China.“(2) The implications for the national security of the United States as a result of the leadership or dominance by the People’s Republic of China in each such identified field and associated supply chains.“(3) The identification of at least 10 entities domiciled in, controlled by, or directed by the People’s Republic of China (including any subsidiaries of such entity), involved in each such identified field, and an assessment of, with respect to each such entity, the following:“(A) Whether the entity has procured components from any known United States suppliers.“(B) Whether any United States technology imported by the entity is controlled under United States regulations.“(C) Whether United States capital is invested in the entity, either through known direct investment or passive investment flows.“(D) Whether the entity has any connection to the People’s Liberation Army, the Military-Civil Fusion program of the People’s Republic of China, or any other state-sponsored initiatives of the People’s Republic of China to support the development of national champions.“(c) In this section, the term ‘appropriate congressional committees’ means—“(1) the Committee on Foreign Affairs of the House of Representatives;“(2) the Committee on Armed Services of the House of Representatives;“(3) the Committee on Foreign Relations of the Senate; and“(4) the Committee on Armed Services of the Senate.”
Pub. L. 106–65, div. A, title XII, § 1202, “(a) Not later than January 31 of each year through “(b) Each report under this section shall include analyses and forecasts, through the next 20 years, of the following:“(1) The goals, factors, and trends shaping Chinese security strategy and military strategy.“(2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following:“(A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army.“(B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission.“(C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights.“(3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following:“(A) Chinese military-to-military relationships with other countries, including—“(i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and“(ii) military education programs conducted— “(I) in the People’s Republic of China for militaries of other countries; or “(II) in other countries for personnel of the People’s Liberation Army.“(B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including—“(i) a forecast of possible future sales and transfers;“(ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and“(iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China.“(C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters.“(4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army.“(5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including—“(A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, special operations, and paramilitary organizations;“(B) a summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and“(C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes.“(7) [sic; there is no par. (6)] Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including—“(A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and“(B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in—“(i) Latin America and the Caribbean;“(ii) Africa;“(iii) the Indo-Pacific region, including the Pacific Islands; and“(iv) the Middle East.“(8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following:“(A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China.“(B) The space and counter-space programs and capabilities.“(C) The nuclear program and capabilities, including—“(i) its nuclear strategy and associated doctrines;“(ii) the size and state of its stockpile and projections of its future arsenals;“(iii) its civil and military production capacities; and“(iv) the modernization and force structure of its strategic forces.“(D) The anti-access and area denial capabilities.“(E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons.“(F) Special operations capabilities.“(9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including—“(A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including—“(i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and“(ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and“(B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts.“(10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including—“(A) the posture of the forces of the People’s Liberation Army facing Taiwan; and“(B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.).“(11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including—“(A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and“(B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner.“(12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following:“(A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy.“(B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed.“(C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts.“(D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts.“(E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts.“(F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China.“(G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a) [10 U.S.C. 311 note].“(13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including—“(A) United States military alliances and partnerships targeted or that may be targeted;“(B) the objectives of such operations;“(C) the tactics, techniques, and procedures used; and“(D) the impact of such operations on military alliances and partnerships of which the United States is a member.“(14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security.“(c) Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.“(d) In this section, the term ‘specified congressional committees’ means—“(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and“(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.”
[Pub. L. 114–328, div. A, title XII, § 1271(c),
[Pub. L. 113–291, div. A, title XII, § 1252(b),
[Pub. L. 112–81, div. A, title XII, § 1238(b),
[Pub. L. 111–84, div. A, title XII, § 1246(e),
[“(1)
[“(2)
Pub. L. 106–65, div. C, title XXXI, § 3163(d), “(1) The Secretary of Defense shall develop and implement a plan to ensure the continued reliability of the capability of the Department of Defense to carry out its nuclear deterrent mission.“(2) The plan shall do the following:“(A) Articulate the current policy of the United States on the role of nuclear weapons and nuclear deterrence in the conduct of defense and foreign relations matters.“(B) Establish stockpile viability and capability requirements with respect to that mission, including the number and variety of warheads required.“(C) Establish requirements relating to the contractor industrial base, support infrastructure, and surveillance, testing, assessment, and certification of nuclear weapons necessary to support that mission.“(3) The plan shall take into account the following:“(A) Requirements for the critical skills, readiness, training, exercise, and testing of personnel necessary to meet that mission.“(B) The relevant programs and plans of the military departments and the Defense Agencies with respect to readiness, sustainment (including research and development), and modernization of the strategic deterrent forces.”
Pub. L. 105–262, title VIII, § 8119,
Pub. L. 106–65, div. A, title IX, § 924,
Pub. L. 105–262, title VIII, § 8147,
Pub. L. 105–261, div. A, title III, § 344,
Pub. L. 105–261, div. A, title III, § 377,
Pub. L. 105–261, div. A, title IX, § 915(b),
Pub. L. 105–85, div. A, title III, § 392,
Pub. L. 105–85, div. A, title V, subtitle F,
Pub. L. 105–85, div. A, title IX, § 907,
Pub. L. 105–85, div. A, title X, § 1052, “(a) The Secretary of Defense shall take appropriate actions to ensure that units of the Armed Forces engaged in a peace operation are provided adequate troop protection equipment for that operation.“(b) In taking actions under subsection (a), the Secretary shall—“(1) identify the additional troop protection equipment, if any, required to equip a division (or the equivalent of a division) with adequate troop protection equipment for peace operations; and“(2) establish procedures to facilitate the exchange or transfer of troop protection equipment among units of the Armed Forces.“(c) The Secretary of Defense shall designate an official within the Department of Defense to be responsible for—“(1) ensuring the appropriate allocation of troop protection equipment among the units of the Armed Forces engaged in peace operations; and“(2) monitoring the availability, status or condition, and location of such equipment.“(d) In this section, the term ‘troop protection equipment’ means the equipment required by units of the Armed Forces to defend against any hostile threat that is likely during a peace operation, including an attack by a hostile crowd, small arms fire, mines, and a terrorist bombing attack.“(e) Not later than 120 days after the date of the enactment of this Act [“(1) A description of the programs designed to carry out antiterrorism activities of the Department of Defense, any deficiencies in those programs, and any actions taken by the Secretary to improve implementation of such programs.“(2) An assessment of the current policies and practices of the Department of Defense with respect to the protection of members of the Armed Forces overseas against terrorist attack, including any modifications to such policies or practices that are proposed or implemented as a result of the assessment.“(3) An assessment of the procedures of the Department of Defense for determining accountability, if any, in the command structure of the Armed Forces in instances in which a terrorist attack results in the loss of life at an overseas military installation or facility.“(4) A detailed description of the roles of the Office of the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the combatant commanders in providing guidance and support with respect to the protection of members of the Armed Forces deployed overseas against terrorist attack (both before and after the November 1995 bombing in Riyadh, Saudi Arabia) and how these roles have changed since the “(5) A description of the actions taken by the Secretary of Defense under subsections (a), (b), and (c) to provide adequate troop protection equipment for units of the Armed Forces engaged in a peace operation.”
Pub. L. 105–85, div. A, title X, § 1072,
Pub. L. 105–85, div. A, title XIII, § 1309, “(a) Congress makes the following findings:“(1) The United States has stated its support for a ban on antipersonnel landmines that is global in scope and verifiable.“(2) On “(3) On “(4) The United States is currently participating at the United Nations Conference on Disarmament in negotiations aimed at achieving a global ban on the use of antipersonnel landmines.“(5) On “(6) On “(7) The President also announced a change in United States policy whereby the United States—“(A) would no longer deploy antipersonnel landmines, including self-destructing antipersonnel landmines, by 2003, except in Korea;“(B) would seek to field alternatives by that date, or by 2006 in the case of Korea;“(C) would undertake a new initiative in the United Nations Conference on Disarmament to establish a global ban on the transfer of antipersonnel landmines; and“(D) would increase its current humanitarian demining activities around the world.“(8) The President’s decision would allow the continued use by United States forces of self-destructing antipersonnel landmines that are used as part of a mixed antitank mine system.“(9) Under existing law (as provided in section 580 of Public Law 104–107; 110 Stat. 751), on “(b) It is the sense of Congress that—“(1) the United States should not implement a moratorium on the use of antipersonnel landmines by United States Armed Forces in a manner that would endanger United States personnel or undermine the military effectiveness of United States Armed Forces in executing their missions; and“(2) the United States should pursue the development of alternatives to self-destructing antipersonnel landmines.“(c) Not later than December 31 each year, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report concerning antipersonnel landmines. Each such report shall include the Secretary’s description of the following:“(1) The military utility of the continued deployment and use by the United States of antipersonnel landmines.“(2) The effect of a moratorium on the production, stockpiling, and use of antipersonnel landmines on the ability of United States forces to deter and defend against attack on land by hostile forces, including on the Korean peninsula.“(3) Progress in developing and fielding systems that are effective substitutes for antipersonnel landmines, including an identification and description of the types of systems that are being developed and fielded, the costs associated with those systems, and the estimated timetable for developing and fielding those systems.“(4) The effect of a moratorium on the use of antipersonnel landmines on the military effectiveness of current antitank mine systems.“(5) The number and type of pure antipersonnel landmines that remain in the United States inventory and that are subject to elimination under the President’s “(6) The number and type of mixed antitank mine systems that are in the United States inventory, the locations where they are deployed, and their effect on the deterrence and warfighting ability of United States Armed Forces.“(7) The effect of the elimination of pure antipersonnel landmines on the warfighting effectiveness of the United States Armed Forces.“(8) The costs already incurred and anticipated of eliminating antipersonnel landmines from the United States inventory in accordance with the policy enunciated by the President on “(9) The benefits that would result to United States military and civilian personnel from an international treaty banning the production, use, transfer, and stockpiling of antipersonnel landmines.”
[For termination, effective
Pub. L. 104–201, div. A, title V, § 571(a), (b),
Pub. L. 104–201, div. A, title X, § 1041,
Pub. L. 104–201, div. A, title X, § 1042,
Pub. L. 104–201, div. A, title X, § 1065,
Pub. L. 103–337, div. A, title XIII, § 1306,
Pub. L. 104–201, div. A, title X, § 1070,
Pub. L. 104–193, title III, § 363(a), “(1) The Secretary of Defense shall establish a centralized personnel locator service that includes the address of each member of the Armed Forces under the jurisdiction of the Secretary. Upon request of the Secretary of Homeland Security, addresses for members of the Coast Guard shall be included in the centralized personnel locator service.“(2) “(A) Except as provided in subparagraph (B), the address for a member of the Armed Forces shown in the locator service shall be the residential address of that member.“(B) The address for a member of the Armed Forces shown in the locator service shall be the duty address of that member in the case of a member—“(i) who is permanently assigned overseas, to a vessel, or to a routinely deployable unit; or“(ii) with respect to whom the Secretary concerned makes a determination that the member’s residential address should not be disclosed due to national security or safety concerns.“(3) Within 30 days after a member listed in the locator service establishes a new residential address (or a new duty address, in the case of a member covered by paragraph (2)(B)), the Secretary concerned shall update the locator service to indicate the new address of the member.“(4) The Secretary of Defense shall make information regarding the address of a member of the Armed Forces listed in the locator service available, on request, to the Federal Parent Locator Service established under section 453 of the Social Security Act [42 U.S.C. 653].”
Pub. L. 104–106, div. A, title II, § 262,
Pub. L. 104–106, div. A, title III, § 366,
Pub. L. 104–106, div. A, title V, § 551,
Pub. L. 103–337, div. A, title III, § 381,
Pub. L. 104–201, div. A, title VIII, § 830,
Pub. L. 103–337, div. A, title V, § 533,
Pub. L. 103–337, div. A, title V, § 534, “(a) (1) The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall revise policies and regulations of the Department of Defense with respect to the programs of the Department of Defense specified in paragraph (2) in order to establish within each of the military departments a victims’ advocates program.“(2) Programs referred to in paragraph (1) are the following:“(A) Victim and witness assistance programs.“(B) Family advocacy programs.“(C) Equal opportunity programs.“(3) In the case of the Department of the Navy, separate victims’ advocates programs shall be established for the Navy and the Marine Corps.“(b) A victims’ advocates program established pursuant to subsection (a) shall provide assistance described in subsection (d) to members of the Armed Forces and their dependents who are victims of any of the following:“(1) Crime.“(2) Intrafamilial sexual, physical, or emotional abuse.“(3) Discrimination or harassment based on race, gender, ethnic background, national origin, or religion.“(c) (1) The Secretary of Defense shall establish a Department of Defense council to coordinate and oversee the implementation of programs under subsection (a). The membership of the council shall be selected from members of the Armed Forces and officers and employees of the Department of Defense having expertise or experience in a variety of disciplines and professions in order to ensure representation of the full range of services and expertise that will be needed in implementing those programs.“(2) The Secretary of each military department shall establish similar interdisciplinary councils within that military department as appropriate to ensure the fullest coordination and effectiveness of the victims’ advocates program of that military department. To the extent practicable, such a council shall be established at each significant military installation.“(d) (1) Under a victims’ advocates program established under subsection (a), individuals working in the program shall principally serve the interests of a victim by initiating action to provide (A) information on available benefits and services, (B) assistance in obtaining those benefits and services, and (C) other appropriate assistance.“(2) Services under such a program in the case of an individual who is a victim of family violence (including intrafamilial sexual, physical, and emotional abuse) shall be provided principally through the family advocacy programs of the military departments.“(e) The Secretary of Defense shall provide for the assignment of personnel (military or civilian) on a full-time basis to victims’ advocates programs established pursuant to subsection (a). The Secretary shall ensure that sufficient numbers of such full-time personnel are assigned to those programs to enable those programs to be carried out effectively.“(f) Subsection (a) shall be carried out not later than six months after the date of the enactment of this Act [“(g) Not later than 30 days after the date on which Department of Defense policies and regulations are revised pursuant to subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation (and plans for implementation) of this section.”
Pub. L. 103–337, div. A, title X, § 1031, “(a) The Secretary of Defense shall designate an official of the Department of Defense to serve as a single point of contact within the department—“(1) for the immediate family members (or their designees) of any unaccounted-for Korean conflict POW/MIA; and“(2) for the immediate family members (or their designees) of any unaccounted-for Cold War POW/MIA.“(b) The official designated under subsection (a) shall serve as a liaison between the family members of unaccounted-for Korean conflict POW/MIAs and unaccounted-for Cold War POW/MIAs and the Department of Defense and other Federal departments and agencies that may hold information that may relate to such POW/MIAs. The functions of that official shall include assisting family members—“(1) with the procedures the family members may follow in their search for information about the unaccounted-for Korean conflict POW/MIA or unaccounted-for Cold War POW/MIA, as the case may be;“(2) in learning where they may locate information about the unaccounted-for POW/MIA; and“(3) in learning how and where to identify classified records that contain pertinent information and that will be declassified.“(c) The official designated under subsection (a) shall seek to obtain the rapid declassification of any relevant classified records that are identified.“(d) The official designated under subsection (a) shall provide all documents relating to unaccounted-for Korean conflict POW/MIAs and unaccounted-for Cold War POW/MIAs that are located as a result of the official’s efforts to the National Archives and Records Administration, which shall locate them in a centralized repository.“(e) For purposes of this section:“(1) The term ‘unaccounted-for Korean conflict POW/MIA’ means a member of the Armed Forces or civilian employee of the United States who, as a result of service during the Korean conflict, was at any time classified as a prisoner of war or missing-in-action and whose person or remains have not been returned to United States control and who remains unaccounted for.“(2) The term ‘unaccounted-for Cold War POW/MIA’ means a member of the Armed Forces or civilian employee of the United States who, as a result of service during the period from “(3) The term ‘Korean conflict’ has the meaning given such term in section 101(9) of title 38, United States Code.”
Pub. L. 113–76, div. C, title VIII, § 8067,
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 113–6, div. C, title VIII, § 8067,
Pub. L. 112–74, div. A, title VIII, § 8068,
Pub. L. 112–10, div. A, title VIII, § 8070,
Pub. L. 111–118, div. A, title VIII, § 8073,
Pub. L. 110–329, div. C, title VIII, § 8073,
Pub. L. 110–116, div. A, title VIII, § 8076,
Pub. L. 109–289, div. A, title VIII, § 8074,
Pub. L. 109–148, div. A, title VIII, § 8083,
Pub. L. 108–287, title VIII, § 8091,
Pub. L. 108–87, title VIII, § 8092,
Pub. L. 107–248, title VIII, § 8098,
Pub. L. 107–117, div. A, title VIII, § 8118,
Pub. L. 106–259, title VIII, § 8137,
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8106], “(a) The Secretary of Defense shall require each disbursement by the Department of Defense in an amount in excess of $500,000 be matched to a particular obligation before the disbursement is made.“(b) The Secretary shall ensure that a disbursement in excess of the threshold amount applicable under section (a) is not divided into multiple disbursements of less than that amount for the purpose of avoiding the applicability of such section to that disbursement.”
[Section 8113 of Pub. L. 105–56 provided that the amendment made by that section [amending section 101(b) [title VIII, § 8106] of Pub. L. 104–208] set out above, is effective
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 104–61, title VIII, § 8102,
Pub. L. 103–335, title VIII, § 8137,
Pub. L. 103–160, div. A, title V, § 542,
Pub. L. 103–160, div. A, title V, § 543, “(a) In the case of any military career designator that is open to both male and female members of the Armed Forces, the Secretary of Defense—“(1) shall ensure that qualification of members of the Armed Forces for, and continuance of members of the Armed Forces in, that occupational career field is evaluated on the basis of an occupational standard, without differential standards or evaluation on the basis of gender;“(2) may not use any gender quota, goal, or ceiling except as specifically authorized by law; and“(3) may not change an occupational performance standard for the purpose of increasing or decreasing the number of women in that occupational career field.“(b) (1) For any military career designator for which the Secretary of Defense determines that specific physical requirements for muscular strength and endurance and cardiovascular capacity are essential to the performance of duties, the Secretary shall prescribe specific physical requirements as part of the gender-neutral occupational standard for members in that career designator and shall ensure (in the case of a career designator that is open to both male and female members of the Armed Forces) that those requirements are applied on a gender-neutral basis.“(2) Whenever the Secretary establishes or revises a physical requirement for a military career designator, a member serving in that military career designator when the new requirement becomes effective, who is otherwise considered to be a satisfactory performer, shall be provided a reasonable period, as determined under regulations prescribed by the Secretary, to meet the standard established by the new requirement. During that period, the new physical requirement may not be used to disqualify the member from continued service in that military career designator.“(c) Whenever the Secretary of Defense proposes to implement changes to the gender-neutral occupational standard for a military career designator that are expected to result in an increase, or in a decrease, of at least 10 percent in the number of female members of the Armed Forces who enter, or are assigned to, that military career designator, the Secretary of Defense shall submit to Congress a report providing notice of the change and the justification and rationale for the change. Such changes may then be implemented only after the end of the 60-day period beginning on the date on which such report is submitted.“(d) In this section:“(1) The term ‘gender-neutral occupational standard’, with respect to a military career designator, means that all members of the Armed Forces serving in or assigned to the military career designator must meet the same performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to the military career designator.“(2) The term ‘military career designator’ refers to—“(A) in the case of enlisted members and warrant officers of the Armed Forces, military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and“(B) in the case of commissioned officers (other than commissioned warrant officers), officer areas of concentration, occupational specialties, specialty codes, additional skill identifiers, and special qualification identifiers.”
Pub. L. 103–337, div. A, title X, § 1041,
Pub. L. 103–160, div. A, title XI, § 1183,
Pub. L. 103–160, div. A, title V, § 575,
Pub. L. 103–160, div. A, title XI, § 1185,
Pub. L. 102–484, div. A, title III, § 378,
Pub. L. 102–484, div. A, title III, § 383,
Pub. L. 102–484, div. A, title VI, § 653(d),
Pub. L. 102–484, div. A, title X, § 1072, “(a) “(1) The Secretary of each military department shall ensure that fatality reports and records pertaining to any member of the Armed Forces who dies in the line of duty shall be made available to family members of the service member in accordance with this subsection.“(2) Within a reasonable period of time after family members of a service member are notified of the member’s death, but not more than 30 days after the date of notification, the Secretary concerned shall ensure that the family members—“(A) in any case in which the cause or circumstances surrounding the death are under investigation, are informed of that fact, of the names of the agencies within the Department of Defense conducting the investigations, and of the existence of any reports by such agencies that have been or will be issued as a result of the investigations; and“(B) are furnished, if the family members so desire, a copy of any completed investigative report and any other completed fatality reports that are available at the time family members are provided the information described in subparagraph (A) to the extent such reports may be furnished consistent with sections 552 and 552a of title 5, United States Code.“(3) (A) In any case in which an investigative report or other fatality reports are not available at the time family members of a service member are provided the information described in paragraph (2)(A) about the member’s death, the Secretary concerned shall ensure that a copy of such investigative report and any other fatality reports are furnished to the family members, if they so desire, when the reports are completed and become available, to the extent such reports may be furnished consistent with sections 552 and 552a of title 5, United States Code.“(B) In any case in which an investigative report or other fatality reports cannot be released at the time family members of a service member are provided the information described in paragraph (2)(A) about the member’s death because of section 552 or 552a of title 5, United States Code, the Secretary concerned shall ensure that the family members—“(i) are informed about the requirements and procedures necessary to request a copy of such reports; and“(ii) are assisted, if the family members so desire, in submitting a request in accordance with such requirements and procedures.“(C) The requirement of subparagraph (B) to inform and assist family members in obtaining copies of fatality reports shall continue until a copy of each report is obtained, or access to any such report is denied by competent authority within the Department of Defense.“(4) The requirements of paragraph (2) or (3) may be waived on a case-by-case basis, but only if the Secretary of the military department concerned determines that compliance with such requirements is not in the interests of national security.“(b) “(1) The Secretary of Defense shall conduct a review of the fatality notification procedures used by the military departments. Such review shall examine the following matters:“(A) Whether uniformity in combat fatality notification procedures among the military departments is desirable, particularly with respect to—“(i) the use of one or two casualty notification and assistance officers;“(ii) the use of standardized fatality report forms and witness statements;“(iii) the use of a single center for all military departments through which combat fatality information may be processed; and“(iv) the use of uniform procedures and the provision of a dispute resolution process for instances in which members of one of the Armed Forces inflict casualties on members of another of the Armed Forces.“(B) Whether existing combat fatality report forms should be modified to include a block or blocks with which to identify the cause of death as ‘friendly fire’, ‘U.S. ordnance’, or ‘unknown’.“(C) Whether the existing ‘Emergency Data’ form prepared by members of the Armed Forces should be revised to allow members to specify provision for notification of additional family members in cases such as the case of a divorced service member who leaves children with both a current and a former spouse.“(D) Whether the military departments should, in all cases, provide family members of a service member who died as a result of injuries sustained in combat with full and complete details of the death of the service member, regardless of whether such details may be graphic, embarrassing to the family members, or reflect negatively on the military department concerned.“(E) Whether, and when, the military departments should inform family members of a service member who died as a result of injuries sustained in combat about the possibility that the death may have been the result of friendly fire.“(F) The criteria and standards which the military departments should use in deciding when disclosure is appropriate to family members of a member of the military forces of an allied nation who died as a result of injuries sustained in combat when the death may have been the result of fire from United States armed forces and an investigation into the cause or circumstances of the death has been conducted.“(2) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the review conducted under paragraph (1). Such report shall be submitted not later than “(c) In this section:“(1) The term ‘fatality reports’ includes investigative reports and any other reports pertaining to the cause or circumstances of death of a member of the Armed Forces in the line of duty (such as autopsy reports, battlefield reports, and medical reports).“(2) The term ‘family members’ means parents, spouses, adult children, and such other relatives as the Secretary concerned considers appropriate.“(d) (1) Except as provided in paragraph (2), this section applies with respect to deaths of members of the Armed Forces occurring after the date of the enactment of this Act [“(2) With respect to deaths of members of the Armed Forces occurring before the date of the enactment of this Act, the Secretary concerned shall provide fatality reports to family members upon request as promptly as practicable.”
Pub. L. 102–484, div. A, title X, § 1082, “(a) In the event that a United States defense contractor or industrial association requests the Department of Defense or a military department to provide support in the form of military equipment for any airshow or trade exhibition to be held outside the United States, such equipment may not be supplied unless the contractor or association agrees to reimburse the Treasury of the United States for—“(1) all incremental costs of military personnel accompanying the equipment, including food, lodging, and local transportation;“(2) all incremental transportation costs incurred in moving such equipment from its normally assigned location to the airshow or trade exhibition and return; and“(3) any other miscellaneous incremental costs not included under paragraphs (1) and (2) that are incurred by the Federal Government but would not have been incurred had military support not been provided to the contractor or industrial association.“(b) (1) A military department may not participate directly in any airshow or trade exhibition held outside the United States unless the Secretary of Defense determines that it is in the national security interests of the United States for the military departments to do so.“(2) The Secretary of Defense may not delegate the authority to make the determination referred to in paragraph (1)(A) [now par. (1)] below the level of the Under Secretary of Defense for Policy.“(c) In this section, the term ‘incremental transportation cost’ includes the cost of transporting equipment to an airshow or trade exhibition only to the extent that the provision of transportation by the Department of Defense described in subsection (a)(2) does not fulfill legitimate training requirements that would otherwise have to be met.”
Pub. L. 102–484, div. A, title XIII, § 1302,
Pub. L. 111–84, div. A, title X, § 1063,
Pub. L. 102–484, div. A, title XIII, § 1304,
Pub. L. 102–190, div. A, title V, part D, subpart 2,
Pub. L. 102–190, div. A, title VIII, § 832,
Pub. L. 102–190, div. A, title IX, § 924,
Pub. L. 102–190, div. A, title X, § 1083,
Pub. L. 102–25, title IV,
Pub. L. 102–25, title VI, § 601,
Pub. L. 102–25, title VI, § 602,
Pub. L. 102–25, title VI, § 608,
Pub. L. 102–396, title IX, § 9070,
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–172, title VIII, § 8073,
Pub. L. 101–511, title VIII, § 8092,
Pub. L. 101–511, title VIII, § 8105, “(a) After “(b) Unless the President certifies to Congress before the end of each fiscal year that Japan has agreed to offset for that fiscal year the direct costs incurred by the United States related to the presence of all United States military personnel in Japan, excluding the military personnel title costs, the end strength level for that fiscal year of all personnel of the Armed Forces of the United States stationed in Japan may not exceed the number that is 5,000 less than such end strength level for the preceding fiscal year.“(c) It is the sense of Congress that all those countries that share the benefits of international security and stability should share in the responsibility for that stability and security commensurate with their national capabilities. The Congress also recognizes that Japan has made a substantial pledge of financial support to the effort to support the United Nations Security Council resolutions on Iraq. The Congress also recognizes that Japan has a greater economic capability to contribute to international security and stability than any other member of the international community and wishes to encourage Japan to contribute commensurate with that capability.“(d) (1) This section shall not apply in the event of a declaration of war or an armed attack on Japan.“(2) The President may waive the limitation in this section for any fiscal year if he declares that it is in the national interest to do so and immediately informs Congress of the waiver and the reasons for the waiver.“(e) This section shall take effect on the date of enactment of this Act [
Pub. L. 101–510, div. A, title XIV, § 1455, “(a) It is the purpose of this section to require Japan to offset the direct costs (other than pay and allowances for United States military and civilian personnel) incurred by the United States related to the presence of United States military personnel in Japan.“(b) Funds appropriated pursuant to an authorization contained in this Act or any subsequent Act may not be used to support an end strength level of all personnel of the Armed Forces of the United States stationed in Japan at any level in excess of 50,000.“(c) (1) Congress recognizes that Japan has made a substantial pledge of financial support to the effort to support the United Nations Security Council resolutions on Iraq.“(2) It is the sense of Congress that—“(A) all countries that share the benefits of international security and stability should, commensurate with their national capabilities, share in the responsibility for maintaining that security and stability; and“(B) given the economic capability of Japan to contribute to international security and stability, Japan should make contributions commensurate with that capability.“(d) At the earliest possible date after the date of the enactment of this Act [“(e) (1) This section shall not apply in the event of a declaration of war or an armed attack on Japan.“(2) This section may be waived by the President if the President—“(A) declares an emergency or determines that such a waiver is required by the national security interests of the United States; and“(B) immediately informs the Congress of the waiver and the reasons for the waiver.”
Pub. L. 101–510, div. A, title IX, § 901,
Pub. L. 101–189, div. A, title II, § 211(e),
Pub. L. 101–189, div. A, title VI, § 661,
Pub. L. 101–189, div. A, title XV,
Pub. L. 100–456, div. A, title XI, § 1102,
Pub. L. 100–456, div. A, title XIII, § 1309,
Pub. L. 100–463, title VIII, § 8125, “(a)(1) Not later than “(2) The report shall include a discussion of the following:“(A) The current assignment of military missions among the member countries of NATO.“(B) Military missions for which there is duplication of capability or for which there is inadequate capability within the current assignment of military missions within NATO.“(C) Alternatives to the current assignment of military missions that would maximize the military contributions of the member countries of NATO.“(D) Any efforts that are underway within NATO or between individual member countries of NATO at the time the report is submitted that are intended to result in a more effective assignment of military missions within NATO.“(b) The Secretary of Defense and the Secretary of State shall (1) conduct a review of the long-term strategic interests of the United States overseas and the future requirements for the assignment of members of the Armed Forces of the United States to permanent duty ashore outside the United States, and (2) determine specific actions that, if taken, would result in a more balanced sharing of defense and foreign assistance spending burdens by the United States and its allies. Not later than “[(c)“(d) The President shall specify (separately by appropriation account) in the Department of Defense items included in each budget submitted to Congress under section 1105 of title 31, United States Code, (1) the amounts necessary for payment of all personnel, operations, maintenance, facilities, and support costs for Department of Defense overseas military units, and (2) the costs for all dependents who accompany Department of Defense personnel outside the Unied [sic] States.“(e) Not later than “(f) As of September 30 of each fiscal year, the number of members of the Armed Forces on active duty assigned to permanent duty ashore in Japan and the Republic of Korea may not exceed 94,450 (the number of members of the Armed Forces on active duty assigned to permanent duty ashore in Japan and the Republic of Korea on “(g)(1) After fiscal year 1990, budget submissions to Congress under section 1105 of title 31, United States Code, shall identify funds requested for Department of Defense personnel and units in permanent duty stations ashore outside the United States that exceed the amount of such costs incurred in fiscal year 1989 and shall set forth a detailed description of (A) the types of expenditures increased, by appropriation account, activity and program; and (B) specific efforts to obtain allied host nations’ financing for these cost increases.“(2) The Secretary of Defense shall notify in advance the Committee on Appropriations and the Committee on Armed Services of the Senate and the Committee on Appropriations and the Committee on Armed Services of the House of Representatives, through existing notification procedures, when costs of maintaining Department of Defense personnel and units in permanent duty stations ashore outside the United States will exceed the amounts as defined in the Department of Defense budget as enacted for that fiscal year. Such notification shall describe: (A) the type of expenditures that increased; and (B) the source of funds (including prior year unobligated balances) by appropriation account, activity and program, proposed to finance these costs.“(3) In computing the costs incurred for maintaining Department of Defense personnel and forces in permanent duty stations ashore outside the United States compared with the amount of such costs incurred in fiscal year 1989, the Secretary shall—“(A) exclude increased costs resulting from increases in the rates of pay provided for members of the Armed Forces and civilian employees of the United States Government and exclude any cost increases in supplies and services resulting from inflation; and“(B) include (i) the costs of operation and maintenance and of facilities for the support of Department of Defense overseas personnel, and (ii) increased costs resulting from any decline in the foreign exchange rate of the United States dollar.“(h) The provisions of subsections (f) and (g) shall not apply in time of war or during a national emergency declared by the President or Congress.“(i) In this section—“(1) the term ‘personnel’ means members of the Armed Forces of the United States and civilian employees of the Department of Defense;“(2) the term ‘Department of Defense overseas personnel’ means those Department of Defense personnel who are assigned to permanent duty ashore outside the United States; and“(3) the term ‘United States’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.”
Pub. L. 100–202, § 101(b) [title VIII, § 8042],
Pub. L. 100–180, div. A, title VI, § 637,
Pub. L. 100–180, div. A, title VI, § 638,
Pub. L. 100–180, div. A, title XI, § 1121,
Pub. L. 99–661, div. A, title VI, § 612,
Pub. L. 99–500, § 101(c) [title X, § 955],
Pub. L. 99–433, title IV, § 405,
Pub. L. 99–433, title IV, § 406(g),
Pub. L. 99–399, title XI,
Pub. L. 99–145, title VI, § 685(a), (b), (d), “(a) The Secretary of Defense shall require that each time a sale is recorded at a military animal disease prevention and control center the person to whom the sale is made shall be charged a surcharge of $2.“(b) Amounts received from surcharges under this section shall be deposited in the Treasury in accordance with section 3302 of title 31.”
“(d)
Pub. L. 98–94, title X, § 1033,
Pub. L. 99–145, title VIII,
Pub. L. 99–145, title XII, § 1212, “(a) No solicitation, contract, or agreement for the provision of off-duty postsecondary education services for members of the Armed Forces of the United States, civilian employees of the Department of Defense, or the dependents of such members or employees may discriminate against or preclude any accredited academic institution authorized to award one or more associate degrees from offering courses within its lawful scope of authority solely on the basis of such institution’s lack of authority to award a baccalaureate degree.“(b) No solicitation, contract, or agreement for the provision of off-duty postsecondary education services for members of the Armed Forces of the United States, civilian employees of the Department of Defense, or the dependents of such members or employees, other than those for services at the graduate or postgraduate level, may limit the offering of such services or any group, category, or level of courses to a single academic institution. However, nothing in this section shall prohibit such actions taken in accordance with regulations of the Secretary of Defense which are uniform for all armed services as may be necessary to avoid unnecessary duplication of offerings, consistent with the purpose of this provision of ensuring the availability of alternative offerors of such services to the maximum extent feasible.“(c)(1) The Secretary of Defense shall conduct a study to determine the current and future needs of members of the Armed Forces, civilian employees of the Department of Defense, and the dependents of such members and employees for postsecondary education services at overseas locations. The Secretary shall determine on the basis of the results of that study whether the policies and procedures of the Department in effect on the date of the enactment of the Department of Defense Authorization Act for Fiscal Years 1990 and 1991 [probably means date of enactment of Pub. L. 101–189, “(A) consistent with the provisions of subsections (a) and (b);“(B) adequate to ensure the recipients of such services the benefit of a choice in the offering of such services; and“(C) adequate to ensure that persons stationed at geographically isolated military installations or at installations with small complements of military personnel are adequately served.The Secretary shall complete the study in such time as necessary to enable the Secretary to submit the report required by paragraph (2)(A) by the deadline specified in that paragraph.“(2)(A) The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study referred to in paragraph (1), together with a copy of any revisions in policies and procedures made as a result of such study. The report shall be submitted not later than “(B) The Secretary shall include in the report an explanation of how determinations are made with regard to—“(i) affording members, employees, and dependents a choice in the offering of courses of postsecondary education; and“(ii) whether the services provided under a contract for such services should be limited to an installation, theater, or other geographic area.“(3)(A) Except as provided in subparagraph (B), no contract for the provision of services referred to in subsection (a) may be awarded, and no contract or agreement entered into before the date of the enactment of this paragraph [“(B) A contract or an agreement in effect on “(C) In the case of a contract for services with respect to which a solicitation is pending on the date of the enactment of this paragraph [“(i) on the basis of the solicitation as issued before the date of the enactment of this paragraph;“(ii) on the basis of the solicitation issued before the date of the enactment of this paragraph modified so as to conform to any changes in policies and procedures the Secretary determines should be made as a result of the study required under paragraph (1); or“(iii) on the basis of a new solicitation.“(d) Nothing in this section shall be construed to require more than one academic institution to be authorized to offer courses aboard a particular naval vessel.”
Pub. L. 99–145, title XIV, § 1407,
Pub. L. 99–145, title XIV, § 1456,
Pub. L. 99–85, “Sec. 2. (a) The Secretary of Defense may use any funds available to the Department of Defense for the procurement of the equipment and providing the services referred to in the first section.“(b) Funds received from Russia as payment for such equipment and services shall be credited to the appropriate account of Department of Defense.”
[Pub. L. 103–199, title IV, § 404(b),
Pub. L. 97–252, title XI, § 1110,
Pub. L. 97–86, title IX, § 918,
Pub. L. 94–431, title VI, § 610,
Pub. L. 94–106, title VIII, § 812,
Pub. L. 94–106, title VIII, § 813,
Pub. L. 86–149, title IV, § 412,
Act June 19, 1951, ch. 144, title I, § 6, 65 Stat. 88, as amended by Pub. L. 99–145, title XII, § 1224(b)(2),
Functions of President under various sections delegated to Secretary of Defense, see Ex. Ord. No. 10621,
For assignment of certain emergency preparedness functions to Secretary of Defense, see Parts 1, 2, and 5 of Ex. Ord. No. 12656,
For order of succession during any period when the Secretary has died, resigned, or is otherwise unable to perform the functions and duties of the office of Secretary, see Ex. Ord. No. 13533,
Proc. No. 8829,
As we observe the 50th anniversary of the Vietnam War, we reflect with solemn reverence upon the valor of a generation that served with honor. We pay tribute to the more than 3 million servicemen and women who left their families to serve bravely, a world away from everything they knew and everyone they loved. From Ia Drang to Khe Sanh, from Hue to Saigon and countless villages in between, they pushed through jungles and rice paddies, heat and monsoon, fighting heroically to protect the ideals we hold dear as Americans. Through more than a decade of combat, over air, land, and sea, these proud Americans upheld the highest traditions of our Armed Forces.
As a grateful Nation, we honor more than 58,000 patriots—their names etched in black granite—who sacrificed all they had and all they would ever know. We draw inspiration from the heroes who suffered unspeakably as prisoners of war, yet who returned home with their heads held high. We pledge to keep faith with those who were wounded and still carry the scars of war, seen and unseen. With more than 1,600 of our service members still among the missing, we pledge as a Nation to do everything in our power to bring these patriots home. In the reflection of The Wall, we see the military family members and veterans who carry a pain that may never fade. May they find peace in knowing their loved ones endure, not only in medals and memories, but in the hearts of all Americans, who are forever grateful for their service, valor, and sacrifice.
In recognition of a chapter in our Nation’s history that must never be forgotten, let us renew our sacred commitment to those who answered our country’s call in Vietnam and those who awaited their safe return. Beginning on Memorial Day 2012, the Federal Government will partner with local governments, private organizations, and communities across America to participate in the Commemoration of the 50th Anniversary of the Vietnam War—a 13-year program to honor and give thanks to a generation of proud Americans who saw our country through one of the most challenging missions we have ever faced. While no words will ever be fully worthy of their service, nor any honor truly befitting their sacrifice, let us remember that it is never too late to pay tribute to the men and women who answered the call of duty with courage and valor. Let us renew our commitment to the fullest possible accounting for those who have not returned. Throughout this Commemoration, let us strive to live up to their example by showing our Vietnam veterans, their families, and all who have served the fullest respect and support of a grateful Nation.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of May, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-sixth.
Ex. Ord. No. 12765,
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, and my authority as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:
Memorandum of the President of the United States,
Memorandum for the Secretary of Defense
Consistent with section 8105(d)(2) of the Department of Defense Appropriation Act, 1991 (Public Law 101–511; 104 Stat. 1856) [set out above], I hereby waive the limitation in section 8105(b) which states that the end strength level for each fiscal year of all personnel of the Armed Forces of the United States stationed in Japan may not exceed the number that is 5,000 less than such end strength level for the preceding fiscal year, and declare that it is in the national interest to do so.
You are authorized and directed to inform the Congress of this waiver and of the reasons for the waiver contained in the attached justification, and to publish this memorandum in the Federal Register.
In January of this year the Department of Defense signed a new Host Nation Support Agreement with the Government of Japan in which that government agreed to pay all utility and Japanese labor costs incrementally over the next five years (worth $1.7 billion). Because United States forward deployed forces stationed in Japan have regional missions in addition to the defense of Japan, we did not seek to have the Government of Japan offset all of the direct costs incurred by the United States related to the presence of all United States military personnel in Japan (excluding military personnel title costs).