-CITE- 10 USC CHAPTER 2 - DEPARTMENT OF DEFENSE 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 2 - DEPARTMENT OF DEFENSE -HEAD- CHAPTER 2 - DEPARTMENT OF DEFENSE -MISC1- Sec. 111. Executive department. 112. Department of Defense: seal. 113. Secretary of Defense. 113a. Transmission of annual defense authorization request. 114. Annual authorization of appropriations. [114a. Renumbered.] 115. Personnel strengths: requirement for annual authorization. 115a. Annual manpower requirements report. [115b. Renumbered.] 116. Annual operations and maintenance report. 117. Readiness reporting system: establishment; reporting to congressional committees. 118. Quadrennial defense review. 118a. Quadrennial quality of life review. 119. Special access programs: congressional oversight. AMENDMENTS 2002 - Pub. L. 107-314, div. A, title V, Sec. 581(a)(2), title X, Sec. 1061(b), Dec. 2, 2002, 116 Stat. 2561, 2649, added items 113a and 118a. 1999 - Pub. L. 106-65, div. A, title IX, Sec. 901(a)(2), Oct. 5, 1999, 113 Stat. 717, added item 118. 1998 - Pub. L. 105-261, div. A, title III, Sec. 373(a)(2), Oct. 17, 1998, 112 Stat. 1992, added item 117. 1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1671(b)(1), Oct. 5, 1994, 108 Stat. 3013, struck out item 115b "Annual report on National Guard and reserve component equipment". 1992 - Pub. L. 102-484, div. A, title X, Sec. 1002(d)(1), Oct. 23, 1992, 106 Stat. 2480, struck out item 114a "Multiyear Defense Program: submission to Congress; consistency in budgeting". 1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1402(a)(3)(B), Nov. 5, 1990, 104 Stat. 1674, which directed amendment of item 114a by substituting "Multiyear" for "Five-year", was executed by substituting "Multiyear" for "Five-Year" as the probable intent of Congress. Pub. L. 101-510, div. A, title XIII, Sec. 1331(1), title XIV, Sec. 1483(c)(1), Nov. 5, 1990, 104 Stat. 1673, 1715, substituted "Personnel strengths: requirement for annual authorization" for "Annual authorization of personnel strengths; annual manpower requirements report" in item 115, added items 115a and 115b, and struck out items 117 "Annual report on North Atlantic Treaty Organization readiness" and 118 "Sale or transfer of defense articles: reports to Congress". 1989 - Pub. L. 101-189, div. A, title XVI, Sec. 1602(a)(2), Nov. 29, 1989, 103 Stat. 1597, added item 114a. 1987 - Pub. L. 100-180, div. A, title XI, Sec. 1132(a)(2), Dec. 4, 1987, 101 Stat. 1152, added item 119. 1986 - Pub. L. 99-433, title I, Sec. 101(a)(1), Oct. 1, 1986, 100 Stat. 994, added chapter heading and analysis of sections for chapter 2, consisting of items 111 to 118. -End- -CITE- 10 USC Sec. 111 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 2 - DEPARTMENT OF DEFENSE -HEAD- Sec. 111. Executive department -STATUTE- (a) The Department of Defense is an executive department of the United States. (b) The Department is composed of the following: (1) The Office of the Secretary of Defense. (2) The Joint Chiefs of Staff. (3) The Joint Staff. (4) The Defense Agencies. (5) Department of Defense Field Activities. (6) The Department of the Army. (7) The Department of the Navy. (8) The Department of the Air Force. (9) The unified and specified combatant commands. (10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President. (11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10). (c) If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter. -SOURCE- (Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 517, Sec. 131; renumbered Sec. 111 and amended Pub. L. 99-433, title I, Sec. 101(a)(2), (b), Oct. 1, 1986, 100 Stat. 994, 995.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 131 5:171(a) (less last 10 July 26, 1947, ch. 343, words), (b). Sec. 201(a) (less last 10 words), (b); restated Aug. 10, 1949, ch. 412, Sec. 4 (1st (less last 10 words) and 2d pars.), 63 Stat. 579. -------------------------------------------------------------------- The words "There is established", in 5 U.S.C. 171(a), are omitted as executed. 5 U.S.C. 171(b) (1st 26 words) is omitted as covered by the definitions of "department" and "military departments" in section 101(5) and (7), respectively, of this title. 5 U.S.C. 171(b) (27th through 49th words) is omitted as executed. 5 U.S.C. 171(b) (last 18 words) is omitted as surplusage. AMENDMENTS 1986 - Pub. L. 99-433 renumbered section 131 of this title as this section, designated existing provisions as subsec. (a), and added subsecs. (b) and (c). -CHANGE- CHANGE OF NAME Pub. L. 104-106, div. A, title IX, Sec. 908, Feb. 10, 1996, 110 Stat. 406, provided that: "(a) Redesignation. - The agency in the Department of Defense known as the Advanced Research Projects Agency shall after the date of the enactment of this Act [Feb. 10, 1996] be designated as the Defense Advanced Research Projects Agency. "(b) References. - Any reference in any law, regulation, document, record, or other paper of the United States or in any provision of this Act to the Advanced Research Projects Agency shall be considered to be a reference to the Defense Advanced Research Projects Agency." -MISC2- SHORT TITLE OF 1986 AMENDMENT Section 1(a) of Pub. L. 99-433 provided that: "This Act [see Tables for classification] may be cited as the 'Goldwater-Nichols Department of Defense Reorganization Act of 1986'." TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the Department of Defense, including the functions of the Secretary of Defense relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(2), 183(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Missions and functions of elements of Department of Defense as specified in classified annex to Pub. L. 104-201, and related personnel, assets, and balances of appropriations and authorizations of appropriations, transferred to National Imagery and Mapping Agency, see sections 1111 and 1113 of Pub. L. 104-201, set out as notes under section 441 of this title. COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY STRUCTURE OF THE UNITED STATES Pub. L. 108-132, Sec. 128, Nov. 22, 2003, 117 Stat. 1382, as amended by Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108-324, div. A, Sec. 127, Oct. 13, 2004, 118 Stat. 1229, established the Commission on the Review of the Overseas Military Facility Structure of the United States to conduct a thorough study of matters relating to the military facility structure of the United States overseas, directed the Commission to submit a report to the President and Congress not later than Aug. 15, 2005, and provided that the Commission would terminate 45 days after such date. COMMISSION TO ASSESS UNITED STATES NATIONAL SECURITY SPACE MANAGEMENT AND ORGANIZATION Pub. L. 106-65, div. A, title XVI, subtitle C, Oct. 5, 1999, 113 Stat. 813, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1091], Oct. 30, 2000, 114 Stat. 1654, 1654A-300, established Commission To Assess United States National Security Space Management and Organization for purpose of assessing (1) manner in which military space assets may be exploited to provide support for United States military operations, (2) current interagency coordination process regarding operation of national security space assets, (3) relationship between intelligence and nonintelligence aspects of national security space, and potential costs and benefits of partial or complete merger of programs, projects, (4) manner in which military space issues are addressed by professional military education institutions, (5) potential costs and benefits of establishing changes to existing organizational structure of Department of Defense for national security space management and organization, and (6) advisability of certain actions relating to assignment of specified officers in United States Space Command; and further provided for report to Congress and Secretary of Defense on its findings and conclusions not later than six months after first meeting, submission to Congress by Secretary of Defense of assessment of Commission's report not later than 90 days after submission of Commission's report, and for termination of Commission 60 days after submission of its report to Congress. COMMISSION ON NATIONAL MILITARY MUSEUM Pub. L. 106-65, div. B, title XXIX, Oct. 5, 1999, 113 Stat. 881, as amended by Pub. L. 107-107, div. A, title X, Sec. 1048(g)(9), Dec. 28, 2001, 115 Stat. 1228, established the Commission on the National Military Museum to conduct a study regarding construction of a national military museum in the National Capital Area, directed that appointments to the Commission be made not later than 90 days after Oct. 5, 1999, directed the Commission to convene its first meeting not later than 60 days after all appointments, directed the Commission to submit a report to Congress not later than 12 months after its first meeting, and provided for the termination of the Commission 60 days after submission of its report. PROHIBITION ON RESTRICTION OF ARMED FORCES UNDER KYOTO PROTOCOL TO UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE Pub. L. 105-261, div. A, title XII, Sec. 1232, Oct. 17, 1998, 112 Stat. 2155, provided that: "(a) In General. - Notwithstanding any other provision of law, no provision of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, or any regulation issued pursuant to such protocol, shall restrict the training or operations of the United States Armed Forces or limit the military equipment procured by the United States Armed Forces. "(b) Waiver. - A provision of law may not be construed as modifying or superseding the provisions of subsection (a) unless that provision of law - "(1) specifically refers to this section; and "(2) specifically states that such provision of law modifies or supersedes the provisions of this section. "(c) Matters Not Affected. - Nothing in this section shall be construed to preclude the Department of Defense from implementing any measure to achieve efficiencies or for any other reason independent of the Kyoto Protocol." APPLICABILITY OF CERTAIN PAY AUTHORITIES TO MEMBERS OF SPECIFIED INDEPENDENT STUDY ORGANIZATIONS Pub. L. 105-85, div. A, title X, Sec. 1081, Nov. 18, 1997, 111 Stat. 1916, provided that: "(a) Applicability of Certain Pay Authorities. - (1) An individual who is a member of a commission or panel specified in subsection (b) and is an annuitant otherwise covered by section 8344 or 8468 of title 5, United States Code, by reason of membership on the commission or panel is not subject to the provisions of that section with respect to such membership. "(2) An individual who is a member of a commission or panel specified in subsection (b) and is a member or former member of a uniformed service is not subject to the provisions of subsections (b) and (c) of section 5532 of such title with respect to membership on the commission or panel. "(b) Specified Entities. - Subsection (a) applies - "(1) effective as of September 23, 1996, to members of the National Defense Panel established by section 924 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104- 201; 110 Stat. 2626) [formerly set out below]; and "(2) effective as of October 9, 1996, to members of the Commission on Servicemembers and Veterans Transition Assistance established by section 701 of the Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 110 Stat. 3346; 38 U.S.C. 545 note)." MISSION OF WHITE HOUSE COMMUNICATIONS AGENCY Pub. L. 104-201, div. A, title IX, Sec. 912, Sept. 23, 1996, 110 Stat. 2623, as amended by Pub. L. 109-163, div. A, title IX, Sec. 906, Jan. 6, 2006, 119 Stat. 3402, provided that: "(a) Telecommunications Support and Audiovisual Support Services. - The Secretary of Defense shall ensure that the activities of the White House Communications Agency in providing support services on a nonreimbursable basis for the President from funds appropriated for the Department of Defense for any fiscal year are limited to the provision of telecommunications support and audiovisual support services to the President and Vice President and to related elements (as defined in regulations of that agency and specified by the President with respect to particular individuals within those related elements). "(b) Other Support. - Support services other than telecommunications and audiovisual support services described in subsection (a) may be provided by the Department of Defense for the President through the White House Communications Agency on a reimbursable basis. "(c) White House Communications Agency. - For purposes of this section, the term 'White House Communications Agency' means the element of the Department of Defense within the Defense Communications Agency that is known on the date of the enactment of this Act [Sept. 23, 1996] as the White House Communications Agency and includes any successor agency." MILITARY FORCE STRUCTURE REVIEW Pub. L. 104-201, div. A, title IX, subtitle B, Sept. 23, 1996, 110 Stat. 2623, directed Secretary of Defense, in consultation with Chairman of the Joint Chiefs of Staff, to complete in 1997 a review of defense program of United States, which was to include comprehensive examination of defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of defense program and policies with view toward determining and expressing defense strategy of United States and establishing revised defense program through year 2005, further established National Defense Panel to complete review and report to Secretary not later than Dec. 1, 1997, further directed Secretary to submit final report to Congress not later than Dec. 15, 1997, and provided for termination of Panel 30 days after submission of report to Secretary. COMMISSION ON ROLES AND MISSIONS OF ARMED FORCES Pub. L. 103-160, div. A, title IX, subtitle E, Nov. 30, 1993, 107 Stat. 1738, as amended by Pub. L. 103-337, div. A, title IX, Sec. 923(a)(1), (2), (b)-(d), Oct. 5, 1994, 108 Stat. 2830, 2831, established the Commission on Roles and Missions of the Armed Forces to review the efficacy and appropriateness of post-Cold War era allocations of roles, missions, and functions among the Armed Forces and to evaluate and report on alternatives and make recommendations for changes, directed that appointments to the Commission be made within 45 days after Nov. 30, 1993, and that the Commission convene its first meeting within 30 days of all appointments, and thereafter submit a report not later than one year after the date of its first meeting, directed the Secretary of Defense to submit comments on the report not later than 90 days following receipt, and provided for the termination of the Commission on the last day of the sixteenth month after its first meeting or no earlier than 30 days after submission of comments by the Secretary of Defense. TERMINATION OF DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS DETERMINED BY SECRETARY OF DEFENSE TO BE UNNECESSARY OR INCOMPATIBLE WITH EFFICIENT MANAGEMENT OF DEPARTMENT OF DEFENSE Pub. L. 103-160, div. A, title XI, Sec. 1151, Nov. 30, 1993, 107 Stat. 1758, provided that: "(a) Termination of Report Requirements. - Unless otherwise provided by a law enacted after the date of the enactment of this Act [Nov. 30, 1993], each provision of law requiring the submittal to Congress (or any committee of Congress) of any report specified in the list submitted under subsection (b) shall, with respect to that requirement, cease to be effective on October 30, 1995. "(b) Preparation of List. - (1) The Secretary of Defense shall submit to Congress a list of each provision of law that, as of the date specified in subsection (c), imposes upon the Secretary of Defense (or any other officer of the Department of Defense) a reporting requirement described in paragraph (2). The list of provisions of law shall include a statement or description of the report required under each such provision of law. "(2) Paragraph (1) applies to a requirement imposed by law to submit to Congress (or specified committees of Congress) a report on a recurring basis, or upon the occurrence of specified events, if the Secretary determines that the continued requirement to submit that report is unnecessary or incompatible with the efficient management of the Department of Defense. "(3) The Secretary shall submit with the list an explanation, for each report specified in the list, of the reasons why the Secretary considers the continued requirement to submit the report to be unnecessary or incompatible with the efficient management of the Department of Defense. "(c) Submission of List. - The list under subsection (a) shall be submitted not later than April 30, 1994. "(d) Scope of Section. - For purposes of this section, the term 'report' includes a certification, notification, or other characterization of a communication. "(e) Interpretation of Section. - This section does not require the Secretary of Defense to review each report required of the Department of Defense by law." REPORT PROVISIONS PREVIOUSLY TERMINATED BY GOLDWATER-NICHOLS ACT Pub. L. 101-510, div. A, title XIII, Sec. 1321, Nov. 5, 1990, 104 Stat. 1670, provided that section 1322 of Pub. L. 101-510, with respect to Goldwater-Nichols terminations, repeals certain provisions of law containing terminated report requirements and section 1323 of Pub. L. 101-510, with respect to such terminations, restores effectiveness of selected other provisions of law containing such requirements and described Goldwater-Nichols terminations for purposes of such repeals or restorations. RESTORATION OF CERTAIN REPORTING REQUIREMENTS OF TITLE 10 TERMINATED BY GOLDWATER-NICHOLS ACT Pub. L. 101-510, div. A, title XIII, Sec. 1323, Nov. 5, 1990, 104 Stat. 1672, restored effectiveness of following report and notification provisions previously terminated by section 602(c) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986, Pub. L. 99-433, formerly set out below: (1) the quarterly report required by section 127(c) of this title relating to emergency and extraordinary expenses, (2) the notifications required by section 2672a(b) of this title relating to urgent acquisitions of interests in land, (3) the notifications required by section 7308(c) of this title relating to the transfer or gift of obsolete, condemned, or captured vessels, and (4) the notifications required by section 7309(b) of this title relating to construction or repair of vessels in foreign shipyards. GOLDWATER-NICHOLS DEPARTMENT OF DEFENSE REORGANIZATION ACT OF 1986; CONGRESSIONAL DECLARATION OF POLICY Section 3 of Pub. L. 99-433 provided that: "In enacting this Act [see Short Title of 1986 Amendment note above], it is the intent of Congress, consistent with the congressional declaration of policy in section 2 of the National Security Act of 1947 (50 U.S.C. 401) - "(1) to reorganize the Department of Defense and strengthen civilian authority in the Department; "(2) to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense; "(3) to place clear responsibility on the commanders of the unified and specified combatant commands for the accomplishment of missions assigned to those commands; "(4) to ensure that the authority of the commanders of the unified and specified combatant commands is fully commensurate with the responsibility of those commanders for the accomplishment of missions assigned to their commands; "(5) to increase attention to the formulation of strategy and to contingency planning; "(6) to provide for more efficient use of defense resources; "(7) to improve joint officer management policies; and "(8) otherwise to enhance the effectiveness of military operations and improve the management and administration of the Department of Defense." REDUCTION OF REPORTING REQUIREMENTS Section 602 of Pub. L. 99-433, as amended by Pub. L. 100-180, div. A, title XIII, Sec. 1314(a)(4), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101-189, div. A, title II, Sec. 243, Nov. 29, 1989, 103 Stat. 1402; Pub. L. 101-510, div. A, title XIII, Sec. 1324, Nov. 5, 1990, 104 Stat. 1673; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, directed Secretary of Defense to compile a list of all provisions of law in effect on or after Oct. 1, 1986, and before Feb. 1, 1987, which require President or any official or employee of Department of Defense to submit a report, notification, or study to Congress or any committee of Congress and to submit this list not later than six months after Oct. 1, 1986, with any recommendation or draft of legislation to implement any changes in law recommended by the Secretary. LEGISLATION TO MAKE REQUIRED CONFORMING CHANGES IN LAW Section 604 of Pub. L. 99-433 directed Secretary of Defense, not later than six months after Oct. 1, 1986, to submit to Committees on Armed Services of Senate and House of Representatives a draft of legislation to make any technical and conforming changes to title 10, United States Code, and other provisions of law that are required or should be made by reason of the amendments made by Pub. L. 99-433. READINESS STATUS OF MILITARY FORCES OF THE NORTH ATLANTIC TREATY ORGANIZATION; ASSESSMENT, FINDINGS, AND REPORT TO CONGRESSIONAL COMMITTEES Pub. L. 96-107, title VIII, Sec. 808, Nov. 9, 1979, 93 Stat. 814, which directed Secretary of Defense to report annually to Congress on readiness of military forces of NATO, was repealed and restated as section 133a (renumbered Sec. 117 and repealed) of this title by Pub. L. 97-295, Secs. 1(2)(A), 6(b), Oct. 12, 1982, 96 Stat. 1287, 1314. DEFENSE MANPOWER COMMISSION Pub. L. 93-155, title VII, Secs. 701-708, Nov. 16, 1973, 87 Stat. 609-611, established the Commission; provided for its composition, duties, powers, compensation, staff, appropriations, and use of General Services Administration; and directed that interim reports to President and Congress be submitted and that Commission terminate 60 days after its final report which was to be submitted not more than 24 months after appointment of Commission. AIR FORCE RESERVE AND AIR NATIONAL GUARD OF UNITED STATES; STUDY AND INVESTIGATION OF RELATIVE STATUS; ADVANTAGES AND DISADVANTAGES OF ALTERNATIVES; MODERNIZATION AND MANPOWER NEEDS; REPORT TO PRESIDENT AND CONGRESS Pub. L. 93-155, title VIII, Sec. 810, Nov. 16, 1973, 87 Stat. 618, directed the Secretary of Defense to study the relative status of the Air Force Reserve and the Air National Guard of the United States; to measure the effects on costs and combat capability as well as other advantages and disadvantages of (1) merging the Reserve into the Guard, (2) merging the Guard into the Reserve, and (3) retaining the status quo; and to consider the modernization needs and manpower problems of both; and also directed that a report of such study be submitted to the President and to the Congress no later than Jan. 31, 1975. REORGANIZATION PLAN NO. 6 OF 1953 Eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, as amended Aug. 6, 1958, Pub. L. 85-559, Sec. 10(b), 72 Stat. 521; Sept. 7, 1962, Pub. L. 87-651, title III, Sec. 307C, 76 Stat. 526 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 30, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.]. DEPARTMENT OF DEFENSE SECTION 1. TRANSFERS OF FUNCTIONS (a) All functions of the Munitions Board, the Research and Development Board, the Defense Supply Management Agency, and the Director of Installations are hereby transferred to the Secretary of Defense. (b) The selection of the Director of the Joint Staff by the Joint Chiefs of Staff, and his tenure, shall be subject to the approval of the Secretary of Defense. (c) The selection of the members of the Joint Staff by the Joint Chiefs of Staff, and their tenure, shall be subject to the approval of the Chairman of the Joint Chiefs of Staff. (d) The functions of the Joint Chiefs of Staff with respect to managing the Joint Staff and the Director thereof are hereby transferred to the Chairman of the Joint Chiefs of Staff. SEC. 2. ABOLITION OF AGENCIES AND FUNCTIONS (a) There are hereby abolished the Munitions Board, the Research and Development Board, and the Defense Supply Management Agency. (b) The offices of Chairman of the Munitions Board, Chairman of the Research and Development Board, Director of the Defense Supply Management Agency, Deputy Director of the Defense Supply Management Agency, and Director of Installations are hereby abolished. (c) The Secretary of Defense shall provide for winding up any outstanding affairs of the said abolished agency, boards, and offices, not otherwise provided for in this reorganization plan. (d) The function of guidance to the Munitions Board in connection with strategic and logistic plans as required by section 213(c) of the National Security Act of 1947, as amended [section 171h(c) of former Title 5], is hereby abolished. SEC. 3. ASSISTANT SECRETARIES OF DEFENSE [Repealed. Pub. L. 85-599, Sec. 10(b), Aug. 6, 1958, 72 Stat. 521, eff. six months after Aug. 6, 1958. Section authorized appointment of six additional Assistant Secretaries and prescribed their duties and compensation.] SEC. 4. GENERAL COUNSEL [Repealed. Pub. L. 87-651, title III, Sec. 307C, Sept. 7, 1962, 76 Stat. 526. Section authorized appointment of a General Counsel for the Department of Defense. See section 140 of this title.] SEC. 5. PERFORMANCE OF FUNCTIONS [Repealed. Pub. L. 87-651, title III, Sec. 307C, Sept. 7, 1962, 76 Stat. 526. Section authorized the Secretary of Defense from time to time to make such provisions as he deemed appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of any function of the Secretary. See section 113 of this title.] SEC. 6. MISCELLANEOUS PROVISIONS (a) The Secretary of Defense may from time to time effect such transfers within the Department of Defense of any of the records, property, and personnel affected by this reorganization plan, and such transfers of unexpended balances (available or to be made available for use in connection with any affected function or agency) of appropriations, allocations, and other funds of such Department, as he deems necessary to carry out the provisions of this reorganization plan. (b) Nothing herein shall affect the compensation of the Chairman of the Military Liaison Committee (63 Stat. 762). -EXEC- EXECUTIVE ORDER NO. 12049 Ex. Ord. No. 12049, Mar. 27, 1978, 43 F.R. 13363, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, which provided for establishment of Defense Economic Adjustment Program and continued the Economic Adjustment Committee, was superseded by Ex. Ord. No. 12788, Jan. 15, 1992, 57 F.R. 2213, set out as a note under section 2391 of this title. -End- -CITE- 10 USC Sec. 112 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 2 - DEPARTMENT OF DEFENSE -HEAD- Sec. 112. Department of Defense: seal -STATUTE- The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal. -SOURCE- (Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 517, Sec. 132; renumbered Sec. 112 and amended Pub. L. 99-433, title I, Secs. 101(a)(2), 110(d)(1), Oct. 1, 1986, 100 Stat. 994, 1002.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 132 5:171a(e). July 26, 1947, ch. 343, Sec. 202(e); added Aug. 10, 1949, ch. 412, Sec. 5 (10th par.), 63 Stat. 580. -------------------------------------------------------------------- AMENDMENTS 1986 - Pub. L. 99-433 renumbered section 132 of this title as this section and substituted "Department of Defense: seal" for "Seal" in section catchline. -End- -CITE- 10 USC Sec. 113 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 2 - DEPARTMENT OF DEFENSE -HEAD- Sec. 113. Secretary of Defense -STATUTE- (a) 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 10 years after relief from active duty as a commissioned officer of a regular component of an armed force. (b) The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 (50 U.S.C. 401), he has authority, direction, and control over the Department of Defense. (c)(1) The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with - (A) a report from each military department on the expenditures, work, and accomplishments of that department; (B) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and (C) such recommendations as he considers appropriate. (2) 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 the reserve programs of the Department of Defense and on any other matters that the Reserve Forces Policy Board considers appropriate to include in the report. (d) Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense as he may designate. (e)(1) The Secretary shall include in his annual report to Congress under subsection (c) - (A) a description of the major military missions and of the military force structure of the United States for the next fiscal year; (B) an explanation of the relationship of those military missions to that force structure; and (C) the justification for those military missions and that force structure. (2) In preparing the matter referred to in paragraph (1), the Secretary shall take into consideration the content of the annual national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a) for the fiscal year concerned. (f) When a vacancy occurs in an office within the Department of Defense and the office is to be filled by a person appointed from civilian life by the President, by and with the advice and consent of the Senate, the Secretary of Defense shall inform the President of the qualifications needed by a person serving in that office to carry out effectively the duties and responsibilities of that office. (g)(1) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the heads of Department of Defense components written policy guidance for the preparation and review of the program recommendations and budget proposals of their respective components. Such guidance shall include guidance on - (A) national security objectives and policies; (B) the priorities of military missions; and (C) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective. (2) The Secretary of Defense, with the approval of the President and after consultation with the Chairman of the Joint Chiefs of Staff, shall provide to the Chairman written policy guidance for the preparation and review of contingency plans. Such guidance shall be provided every two years or more frequently as needed and shall include guidance on the specific force levels and specific supporting resource levels projected to be available for the period of time for which such plans are to be effective. (h) The Secretary of Defense shall keep the Secretaries of the military departments informed with respect to military operations and activities of the Department of Defense that directly affect their respective responsibilities. (i)(1) The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries. (2) Each such report shall - (A) include a comparison of the defense capabilities and programs of the armed forces of the United States and its allies with the armed forces of potential adversaries of the United States and allies of the United States; (B) include an examination of the trends experienced in those capabilities and programs during the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221 of this title; (C) include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the armed forces of the United States on short notice to meet a resurgent or increased threat to the national security of the United States; (D) reflect, in the overall assessment and in the strategic and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the budget submitted to Congress under section 1105 of title 31 in the year in which the report is submitted and in the five-year defense program submitted in such year; and (E) identify the deficiencies in the defense capabilities of the armed forces of the United States in such budget and such five-year defense program. (3) The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the President submits the budget to Congress under section 1105 of title 31 in that year. Such report shall be transmitted in both classified and unclassified form. (j)(1) Not later than April 8 of each year, the Secretary of Defense shall submit to 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 a report on the cost of stationing United States forces outside of the United States. Each such report shall include a detailed statement of the following: (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. (B) The costs incurred outside the United States in connection with operating, maintaining, and supporting United States forces outside the United States, including all direct and indirect expenditures of United States funds in connection with such stationing. (C) The effect of such expenditures outside the United States on the balance of payments of the United States. (2) Each report under this subsection shall be prepared in consultation with the Secretary of Commerce. (3) In this subsection, the term "United States", when used in a geographic sense, includes the territories and possessions of the United States. (k) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the Secretaries of the military departments and to the commanders of the combatant commands written guidelines to direct the effective detection and monitoring of all potential aerial and maritime threats to the national security of the United States. Those guidelines shall include guidance on the specific force levels and specific supporting resources to be made available for the period of time for which the guidelines are to be in effect. (l) The Secretary shall include in the annual report to Congress under subsection (c) the following: (1) A comparison of the amounts provided in the defense budget for support and for mission activities for each of the preceding five fiscal years. (2) A comparison of the number of military and civilian personnel, shown by major occupational category, assigned to support positions and to mission positions for each of the preceding five fiscal years. (3) An accounting, shown by service and by major occupational category, of the number of military and civilian personnel assigned to support positions during each of the preceding five fiscal years. (4) A listing of the number of military and civilian personnel assigned to management headquarters and headquarters support activities as a percentage of military end-strength for each of the preceding five fiscal years. (m) Information To Accompany Funding Request for Contingency Operation. - Whenever the President submits to Congress a request for appropriations for costs associated with a contingency operation that involves, or likely will involve, the deployment of more than 500 members of the armed forces, the Secretary of Defense shall submit to Congress a report on the objectives of the operation. The report shall include a discussion of the following: (1) What clear and distinct objectives guide the activities of United States forces in the operation. (2) What the President has identified on the basis of those objectives as the date, or the set of conditions, that defines the endpoint of the operation. -SOURCE- (Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 517, Sec. 133; amended Pub. L. 96-513, title V, Sec. 511(3), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 97-252, title XI, Sec. 1105, Sept. 8, 1982, 96 Stat. 739; Pub. L. 97-295, Sec. 1(1), Oct. 12, 1982, 96 Stat. 1287; renumbered Sec. 113 and amended Pub. L. 99-433, title I, Secs. 101(a)(2), 102, 110(b)(2), (d)(2), title III, Sec. 301(b)(2), title VI, Sec. 603(b), Oct. 1, 1986, 100 Stat. 994, 996, 1002, 1022, 1075; Pub. L. 100-26, Sec. 7(d)(1), Apr. 21, 1987, 101 Stat. 280; Pub. L. 100-180, div. A, title XII, Sec. 1214, Dec. 4, 1987, 101 Stat. 1157; Pub. L. 100-370, Sec. 1(o)(1), July 19, 1988, 102 Stat. 850; Pub. L. 100-456, div. A, title VII, Sec. 731, title XI, Sec. 1101, Sept. 29, 1988, 102 Stat. 2003, 2042; Pub. L. 101- 189, div. A, title XVI, Sec. 1622(c)(1), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 101-510, div. A, title XIII, Sec. 1322(a)(1), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 102-190, div. A, title III, Sec. 341, Dec. 5, 1991, 105 Stat. 1343; Pub. L. 103-337, div. A, title X, Sec. 1070(a)(1), title XVI, Sec. 1671(c)(2), Oct. 5, 1994, 108 Stat. 2855, 3014; Pub. L. 104-106, div. A, title XV, Secs. 1501(a)(8)(B), 1502(a)(3), 1503(a)(1), Feb. 10, 1996, 110 Stat. 495, 502, 510; Pub. L. 104-201, div. A, title XII, Sec. 1255(c), Sept. 23, 1996, 110 Stat. 2698; Pub. L. 105-85, div. A, title IX, Sec. 903, Nov. 18, 1997, 111 Stat. 1854; Pub. L. 105-261, div. A, title IX, Sec. 915(a), title XII, Sec. 1212(b), Oct. 17, 1998, 112 Stat. 2101, 2152; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.) -MISC1- HISTORICAL AND REVISION NOTES 1962 ACT -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 133(a) 5:171(a) (last 10 words). July 26, 1947, ch. 343, Secs. 201(a) (last 10 words), 202(a),(b); restated Aug. 10, 1949, ch. 412, Secs. 4 (last 10 words of 1st par.), 5 (1st and 2d pars.), 63 Stat. 579, 580. 133(b) 133(c) 133(d) 5:171a(a). 5:171a(b). 5:171a(d). 5:171a-1. 5:171a(f). 5:171n(a) (as applicable to 5:171a(f)). [Uncodified: 1953 Reorg. July 26, 1947, ch. 343, Plan No. 6, Sec. 5, eff. Sec. 202(d); added Apr. June 30, 1953, 67 Stat. 2, 1949, ch. 47, Sec. 1; 639]. restated Aug. 10, 1949, ch. 412, Sec. 5 (9th par.); restated Aug. 6, 1958, Pub. L. 85-599, Sec. 3(b), 72 Stat. 516. 5:171n(a). July 26, 1947, ch. 343, Sec. 202(f); added Aug. 10, 1949, ch. 412, Sec. 5 (11th par.), 63 Stat. 581. July 26, 1947, ch. 343, Sec. 308(a) (as applicable to Sec. 202(f)), 61 Stat. 509. July 9, 1952, ch. 608, Sec. 257(e), 66 Stat. 497; Sept. 3, 1954, ch. 1257, Sec. 702(c), 68 Stat. 1189. 1953 Reorg. Plan No. 6, Sec. 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 Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 133(e) 10:133 (note). Oct. 7, 1975, Pub. L. 94-106, Sec. 812, 89 Stat. 540. -------------------------------------------------------------------- The words "prepare and" are omitted as surplus. 1988 ACT Subsection (k) is based on Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 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. AMENDMENTS 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, Sec. 915(a), added subsec. (l). Subsec. (m). Pub. L. 105-261, Sec. 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, Sec. 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, Sec. 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, Sec. 1501(a)(8)(B), made technical correction to directory language of Pub. L. 103-337, Sec. 1671(c)(2). See 1994 Amendment note below. Subsec. (i)(2)(B). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 1671(c)(2), as amended by Pub. L. 104-106, Sec. 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 Oct. 1, 1996, could not be executed because of the intervening amendment by Pub. L. 104- 201, Sec. 1255(c)(1). See 1996 Amendment note above. Subsec. (e)(2). Pub. L. 103-337, Sec. 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, Sec. 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, Sec. 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, Sec. 110(d)(2), struck out ": appointment; powers and duties; delegation by" at end of section catchline. Subsecs. (a) to (e). Pub. L. 99-443, Sec. 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, Sec. 301(b)(2), substituted "sections 125 and 191" for "section 125" in subsec. (c)(2). Pub. L. 99-433, Sec. 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, Sec. 102, added subsecs. (f) to (h). Subsec. (i). Pub. L. 99-433, Secs. 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 Sec. 138(h)]. Pub. L. 97-252, Sec. 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". EFFECTIVE DATE OF 1996 AMENDMENT Section 1501(f)(3) of Pub. L. 104-106 provided that: "The amendments made by this section [see Tables for classification] shall take effect as if included in the Reserve Officer Personnel Management Act [Pub. L. 103-337, div. A, title XVI] as enacted on October 5, 1994." EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 1671(c)(2) of Pub. L. 103-337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this title. -TRANS- DELEGATION OF FUNCTIONS Functions of President under various sections delegated to Secretary of Defense, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, as amended by Ex. Ord. No. 11294, Aug. 4, 1966, 31 F.R. 10601; see Ex. Ord. No. 10661, Feb. 27, 1956, 21 F.R. 1315; see Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841; all set out as notes under section 301 of Title 3, The President. EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Secretary of Defense, see Parts 1, 2, and 5 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. -MISC2- ORDER OF SUCCESSION 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. 13394, Dec. 22, 2005, 70 F.R. 76665, set out as a note under section 3345 of Title 5, Government Organization and Employees. MILITARY SEVERELY INJURED CENTER Pub. L. 109-364, div. A, title V, Sec. 564, Oct. 17, 2006, 120 Stat. 2222, provided that: "(a) Center Required. - 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) Designation. - The center established under subsection (a) shall be known as the 'Military Severely Injured Center' (in this section referred to as the 'Center'). "(c) Programs of the Military Departments. - 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) Activities of Center. - "(1) In general. - 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) Database. - 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) Resources. - 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)." QUARTERLY REPORTS ON DEPARTMENT OF DEFENSE RESPONSE TO THREAT POSED BY IMPROVISED EXPLOSIVE DEVICES Pub. L. 109-364, div. A, title XIV, Sec. 1402, Oct. 17, 2006, 120 Stat. 2433, provided that: "(a) Reports Required. - "(1) Initial report. - Not later than 90 days after the date of the enactment of this Act [Oct. 17, 2006], the Secretary of Defense shall submit to Congress a report - "(A) regarding the status of the threat posed to United States and allied forces in Iraq and Afghanistan by improvised explosive devices; and "(B) describing efforts being undertaken by the Department of Defense to defeat that threat. "(2) Supplemental quarterly reports. - After the submission of the report under paragraph (1), the Secretary shall submit to Congress a supplemental report, not later than 30 days after the end of each calendar-year quarter, to account for every reported incident involving the detonation or discovery of an improvised explosive device during the preceding quarter that involved United States or allied forces in Iraq and Afghanistan. "(3) Classification of reports. - Reports under this section shall be transmitted in an unclassified manner with a classified annex, if necessary. "(b) Joint IED Defeat Organization and Related Offices. - Each report under subsection (a) shall provide the following information regarding the joint entity in the Office of the Secretary of Defense known as the 'Joint IED Defeat Organization' and those portions of all other organizational elements within the Department of Defense that are focused on countering improvised explosive devices: "(1) The number of Department of Defense personnel assigned to the Joint IED Defeat Organization and each other organizational element. "(2) The major locations to which such personnel are assigned and the organizational structure of those elements. "(3) The projected budget of the Joint IED Defeat Organization and those other elements relating to the counter-IED mission. "(4) The level of funding required for administrative costs relating to the counter-IED mission. "(c) Existing Threat and Counter Measures. - Each report under subsection (a) shall include the following information regarding the threat posed by improvised explosive devices and the countermeasures employed to defeat those threats: "(1) The number of improvised explosive devices being encountered by United States and allied military personnel, including general trends in tactics and technology used by the enemy. "(2) Passive countermeasures employed and the success rate of each such countermeasure. "(3) Active countermeasures employed and the success rate of each such countermeasure. "(4) Any evidence of assistance to the enemy by foreign countries or other entities not directly involved in fighting United States and allied forces in Iraq and Afghanistan. "(5) A summary of data collected and reports generated by the Department of Defense on efforts to counter improvised explosive devices in Iraq and Afghanistan and other fronts in the Global War on Terrorism. "(d) Research, Development, Test, and Evaluation of New Countermeasures. - Each report under subsection (a) shall include the following information regarding research, development, test, and evaluation activities relating to new active and passive countermeasures and any impediments to those activities: "(1) The status of any effort within the Department of Defense to conduct research, development, test, and evaluation of passive and active countermeasures and to accelerate the introduction of those countermeasures into deployed units. "(2) Impediments to introduction of new passive and active countermeasures. "(e) Interdiction Efforts. - "(1) Description of interdiction efforts. - Each report under subsection (a) shall identify those portions of any office within the Department of Defense (in addition to those discussed pursuant to subsection (b)) that are focused on interdiction of improvised explosive devices, together with the personnel and funding requirements for that office (as specified in subsection (b)) and the success of the interdiction efforts of that office. "(2) Interdiction defined. - For purposes of this subsection, the term 'interdiction' includes - "(A) the development of intelligence regarding persons and locations involved in the manufacture or deployment of improvised explosive devices; and "(B) subsequent action against those persons or locations, including efforts to prevent emplacement of improvised explosive devices." DATABASE OF EMERGENCY RESPONSE CAPABILITIES Pub. L. 109-364, div. A, title XIV, Sec. 1406, Oct. 17, 2006, 120 Stat. 2436, provided that: "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." REPORT REGARDING EFFECT ON MILITARY READINESS OF UNDOCUMENTED IMMIGRANTS TRESPASSING UPON OPERATIONAL RANGES Pub. L. 109-163, div. A, title III, Sec. 354, Jan. 6, 2006, 119 Stat. 3204, provided that: "(a) Report Containing Assessment and Response Plan. - Not later than April 15, 2006, the Secretary of Defense shall submit to Congress a report containing - "(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) Preparation and Elements of Assessment. - 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) Preparation and Elements of Plan. - 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) Implementation Reports. - Not later than September 15, 2006, March 15, 2007, September 15, 2007, and March 15, 2008, the Secretary of Defense shall submit to Congress a report detailing the progress made by the Department of Defense, during the period covered by the report, in implementing measures recommended in the plan required by subsection (a)(2) to prevent undocumented immigrants from trespassing upon operational ranges. Each report shall include the number and types of mitigation measures implemented and the success of such measures in preventing such trespass. "(e) Definitions. - 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." REPORTS BY OFFICERS AND SENIOR ENLISTED MEMBERS OF CONVICTION OF CRIMINAL LAW Pub. L. 109-163, div. A, title V, Sec. 554, Jan. 6, 2006, 119 Stat. 3264, provided that: "(a) Requirement for Reports. - "(1) In general. - The Secretary of Defense shall prescribe in regulations a requirement that each covered member of the Armed Forces shall submit to an authority in the military department concerned designated pursuant to such regulations a timely report of any conviction of such member by any law enforcement authority of the United States for a violation of a criminal law of the United States, whether or not the member is on active duty at the time of the conduct that provides the basis for the conviction. The regulations shall apply uniformly throughout the military departments. "(2) Covered members. - In this section, the term 'covered member of the Armed Forces' means a member of the Army, Navy, Air Force, or Marine Corps who is on the active-duty list or the reserve active-status list and who is - "(A) an officer; or "(B) an enlisted member in a pay grade above pay grade E-6. "(b) Law Enforcement Authority of the United States. - For purposes of this section, a law enforcement authority of the United States includes - "(1) a military or other Federal law enforcement authority; "(2) a State or local law enforcement authority; and "(3) such other law enforcement authorities within the United States as the Secretary shall specify in the regulations prescribed pursuant to subsection (a). "(c) Criminal Law of the United States. - "(1) In general. - Except as provided in paragraph (2), for purposes of this section, a criminal law of the United States includes - "(A) any military or other Federal criminal law; "(B) any State, county, municipal, or local criminal law or ordinance; and "(C) such other criminal laws and ordinances of jurisdictions within the United States as the Secretary shall specify in the regulations prescribed pursuant to subsection (a). "(2) Exception. - For purposes of this section, a criminal law of the United States shall not include a law or ordinance specifying a minor traffic offense (as determined by the Secretary for purposes of such regulations). "(d) Timeliness of Reports. - The regulations prescribed pursuant to subsection (a) shall establish requirements for the timeliness of reports under this section. "(e) Forwarding of Information. - The regulations prescribed pursuant to subsection (a) shall provide that, in the event a military department receives information that a covered member of the Armed Forces under the jurisdiction of another military department has become subject to a conviction for which a report is required by this section, the Secretary of the military department receiving such information shall, in accordance with such procedures as the Secretary of Defense shall establish in such regulations, forward such information to the authority in the military department having jurisdiction over such member designated pursuant to such regulations. "(f) Convictions. - In this section, the term 'conviction' includes any plea of guilty or nolo contendere. "(g) Deadline for Regulations. - The regulations required by subsection (a), including the requirement in subsection (e), shall go into effect not later than the end of the 180-day period beginning on the date of the enactment of this Act [Jan. 6, 2006]. "(h) Applicability of Requirement. - The requirement under the regulations required by subsection (a) that a covered member of the Armed Forces submit notice of a conviction shall apply only to a conviction that becomes final after the date of the enactment of this Act [Jan. 6, 2006]." POLICY AND PROCEDURES ON ASSISTANCE TO SEVERELY WOUNDED OR INJURED SERVICE MEMBERS Pub. L. 109-163, div. A, title V, Sec. 563, Jan. 6, 2006, 119 Stat. 3269, provided that: "(a) Comprehensive Policy. - "(1) Policy required. - Not later than June 1, 2006, the Secretary of Defense shall prescribe a comprehensive policy for the Department of Defense on the provision of assistance to members of the Armed Forces who incur severe wounds or injuries in the line of duty (in this section referred to as 'severely wounded or injured servicemembers'). "(2) Consultation. - 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) Incorporation of past experience and practice. - 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) Procedures and standards. - 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) Elements of Policy. - 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) Adoption by Military Departments. - Not later than September 1, 2006, the Secretary of each military department shall prescribe regulations, or modify current regulations, on the policies and procedures of such military department on the provision of assistance to severely wounded or injured servicemembers in order to conform such policies and procedures to the policy prescribed under subsection (a)." IMPROVEMENT TO DEPARTMENT OF DEFENSE CAPACITY TO RESPOND TO SEXUAL ASSAULT AFFECTING MEMBERS OF THE ARMED FORCES Pub. L. 109-163, div. A, title V, Sec. 596(a), (b), Jan. 6, 2006, 119 Stat. 3282, provided that: "(a) Plan for System to Track Cases in Which Care or Prosecution Hindered by Lack of Availability. - "(1) Plan required. - The Secretary of Defense shall develop and implement a system to track cases under the jurisdiction of the Department of Defense in which care to a victim of rape or sexual assault, or the investigation or prosecution of an alleged perpetrator of rape or sexual assault, is hindered by the lack of availability of a rape kit or other needed supplies or by the lack of timely access to appropriate laboratory testing resources. "(2) Submittal to congressional committees. - The Secretary shall submit the plan developed under paragraph (1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 120 days after the date of the enactment of this Act [Jan. 6, 2006]. "(b) Accessibility Plan for Deployed Units. - "(1) Plan required. - The Secretary of Defense shall develop and implement a plan for ensuring accessibility and availability of supplies, trained personnel, and transportation resources for responding to sexual assaults occurring in deployed units. The plan shall include the following: "(A) A plan for the training of personnel who are considered to be 'first responders' to sexual assaults (including criminal investigators, medical personnel responsible for rape kit evidence collection, and victims advocates), such training to include current techniques on the processing of evidence, including rape kits, and on conducting investigations. "(B) A plan for ensuring the availability at military hospitals of supplies needed for the treatment of victims of sexual assault who present at a military hospital, including rape kits, equipment for processing rape kits, and supplies for testing and treatment for sexually transmitted infections and diseases, including HIV, and for testing for pregnancy. "(2) Submittal to congressional committees. - The Secretary shall submit the plan developed under paragraph (1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 120 days after the date of the enactment of this Act [Jan. 6, 2006]." PRESERVATION OF RECORDS PERTAINING TO RADIOACTIVE FALLOUT FROM NUCLEAR WEAPONS TESTING Pub. L. 109-163, div. A, title X, Sec. 1055, Jan. 6, 2006, 119 Stat. 3438, provided that: "(a) Prohibition of Destruction of Certain Records. - 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) Preservation and Publication of Information. - The Secretary of Defense shall identify, preserve, and make available any unclassified information contained in official records referred to in subsection (a)." SAFE DELIVERY OF MAIL IN MILITARY MAIL SYSTEM Pub. L. 109-163, div. A, title X, Sec. 1071, Jan. 6, 2006, 119 Stat. 3446, provided that: "(a) Plan for Safe Delivery of Military Mail. - "(1) Plan required. - 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) Funding. - 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) Report on Safety of Mail for Delivery. - "(1) Report required. - Not later than 120 days after the date of the enactment of this Act [Jan. 6, 2006], the Secretary shall submit to Congress a report on the safety of mail within the military mail system for delivery. "(2) Elements. - 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) Form. - The report shall be submitted in unclassified form, but may include a classified annex. "(c) Mail Within the Military Mail System Defined. - "(1) In general. - 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) Inclusions and exception. - 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." WAR-RELATED REPORTING REQUIREMENTS Pub. L. 109-163, div. A, title XII, Sec. 1221, Jan. 6, 2006, 119 Stat. 3462, as amended by Pub. L. 109-364, div. A, title XV, Sec. 1518, Oct. 17, 2006, 120 Stat. 2443, provided that: "(a) Report Required for Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle. - 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) Procurement. - 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) Equipment maintenance. - 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) Operation iraqi freedom and operation enduring freedom infrastructure. - 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) Submission Requirements. - The report under subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act [Jan. 6, 2006]. The Secretary of Defense shall submit an updated report on procurement, equipment maintenance, and military construction costs, as specified in subsection (a), concurrently with any request made to Congress after the date of the enactment of this Act for war-related funding. "(c) Submission to Congress and Gao of Certain Reports on Costs. - 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, not later than 45 days after the end of each reporting month, the Department of Defense Supplemental and Cost of War Execution reports. Based on these reports, the Comptroller General shall provide to Congress quarterly updates on the costs of Operation Iraqi Freedom and Operation Enduring Freedom." ANNUAL REPORT ON DEPARTMENT OF DEFENSE COSTS TO CARRY OUT UNITED NATIONS RESOLUTIONS Pub. L. 109-163, div. A, title XII, Sec. 1224, Jan. 6, 2006, 119 Stat. 3463, provided that: "(a) Requirement for Annual Report. - "(1) Department of defense costs. - Not later than April 30 of each year, the Secretary of Defense shall submit to the congressional committees specified in paragraph (2) a report on Department of Defense costs during the preceding fiscal year to carry out United Nations resolutions. "(2) Specified committees. - The committees specified in this paragraph are - "(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 International Relations, and the Committee on Appropriations of the House of Representatives. "(b) Matters to Be Included. - Each report under subsection (a) shall set forth the following: "(1) All direct and indirect costs (including incremental costs) incurred by the Department of Defense during the preceding fiscal year in implementing or supporting any resolution adopted by the United Nations Security Council, including any such resolution calling for - "(A) international sanctions; "(B) international peacekeeping operations; "(C) international peace enforcement operations; "(D) monitoring missions; "(E) observer missions; or "(F) humanitarian missions. "(2) An aggregate of all such Department of Defense costs by operation or mission and the total cost to United Nations members of each operation or mission. "(3) All direct and indirect costs (including incremental costs) incurred by the Department of Defense during the preceding fiscal year in training, equipping, and otherwise assisting, preparing, providing resources for, and transporting foreign defense or security forces for implementing or supporting any resolution adopted by the United Nations Security Council, including any such resolution specified in paragraph (1). "(4) All efforts made to seek credit against past United Nations expenditures. "(5) All efforts made to seek compensation from the United Nations for costs incurred by the Department of Defense in implementing and supporting United Nations activities. "(c) Coordination. - The report under subsection (a) each year shall be prepared in coordination with the Secretary of State. "(d) Form of Report. - Each report required by this section shall be submitted in unclassified form, but may include a classified annex." REQUIREMENT FOR ESTABLISHMENT OF CERTAIN CRITERIA APPLICABLE TO GLOBAL POSTURE REVIEW Pub. L. 109-163, div. A, title XII, Sec. 1233, Jan. 6, 2006, 119 Stat. 3469, provided that: "(a) Criteria. - 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) Analysis of Alternatives to Basing or Operating Locations. - 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) Minimal Infrastructure Requirements for Overseas Installations. - 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) Notification Required. - 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) Annual Budget Element. - 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) Report. - Not later than March 30, 2006, the Secretary of Defense shall submit to Congress a report on the matters specified in subsections (a) through (c)." PROCESSING OF FORENSIC EVIDENCE COLLECTION KITS AND ACQUISITION OF SUFFICIENT STOCKS OF SUCH KITS Pub. L. 108-375, div. A, title V, Sec. 573, Oct. 28, 2004, 118 Stat. 1921, provided that: "(a) Elimination of Backlog, Etc. - 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) Training. - 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." DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES Pub. L. 108-375, div. A, title V, Sec. 577, Oct. 28, 2004, 118 Stat. 1926, as amended by Pub. L. 109-163, div. A, title V, Sec. 596(c), Jan. 6, 2006, 119 Stat. 3283; Pub. L. 109-364, div. A, title V, Sec. 583, Oct. 17, 2006, 120 Stat. 2230, provided that: "(a) Comprehensive Policy on Prevention and Response to Sexual Assaults. - (1) Not later than January 1, 2005, the Secretary of Defense shall develop a comprehensive policy for the Department of Defense on the prevention of and response to sexual assaults involving members of the Armed Forces. "(2) The policy shall be based on the recommendations of the Department of Defense Task Force on Care for Victims of Sexual Assaults and on such other matters as the Secretary considers appropriate. "(3) Before developing the comprehensive policy required by paragraph (1), the Secretary of Defense shall develop a definition of sexual assault. The definition so developed shall be used in the comprehensive policy under paragraph (1) and otherwise within the Department of Defense and Coast Guard in matters involving members of the Armed Forces. The definition shall be uniform for all the Armed Forces and shall be developed in consultation with the Secretaries of the military departments and the Secretary of Homeland Security with respect to the Coast Guard. "(b) Elements of Comprehensive Policy. - The comprehensive policy developed under subsection (a) shall, at a minimum, address the following matters: "(1) Prevention measures. "(2) Education and training on prevention and response. "(3) Investigation of complaints by command and law enforcement personnel. "(4) Medical treatment of victims. "(5) Confidential reporting of incidents. "(6) Victim advocacy and intervention. "(7) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents of sexual assault. "(8) Disposition of victims of sexual assault, including review by appropriate authority of administrative separation actions involving victims of sexual assault. "(9) Disposition of members of the Armed Forces accused of sexual assault. "(10) Liaison and collaboration with civilian agencies on the provision of services to victims of sexual assault. "(11) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault. "(c) Report on Improvement of Capability To Respond to Sexual Assaults. - Not later than March 1, 2005, the Secretary of Defense shall submit to Congress a proposal for such legislation as the Secretary considers necessary to enhance the capability of the Department of Defense to address matters relating to sexual assaults involving members of the Armed Forces. "(d) Application of Comprehensive Policy To Military Departments. - The Secretary of Defense shall ensure that, to the maximum extent practicable, the policy developed under subsection (a) is implemented uniformly by the military departments. "(e) Policies and Procedures of Military Departments. - (1) Not later than March 1, 2005, the Secretaries of the military departments shall prescribe regulations, or modify current regulations, on the policies and procedures of the military departments on the prevention of and response to sexual assaults involving members of the Armed Forces in order - "(A) to conform such policies and procedures to the policy developed under subsection (a); and "(B) to ensure that such policies and procedures include the elements specified in paragraph (2). "(2) The elements specified in this paragraph are as follows: "(A) A program to promote awareness of the incidence of sexual assaults involving members of the Armed Forces. "(B) A program to provide victim advocacy and intervention for members of the Armed Force concerned who are victims of sexual assault, which program shall make available, at home stations and in deployed locations, trained advocates who are readily available to intervene on behalf of such victims. "(C) Procedures for members of the Armed Force concerned to follow in the case of an incident of sexual assault involving a member of such Armed Force, including - "(i) specification of the person or persons to whom the alleged offense should be reported; "(ii) specification of any other person whom the victim should contact; "(iii) procedures for the preservation of evidence; and "(iv) procedures for confidential reporting and for contacting victim advocates. "(D) Procedures for disciplinary action in cases of sexual assault by members of the Armed Force concerned. "(E) Other sanctions authorized to be imposed in substantiated cases of sexual assault, whether forcible or nonforcible, by members of the Armed Force concerned. "(F) Training on the policies and procedures for all members of the Armed Force concerned, including specific training for members of the Armed Force concerned who process allegations of sexual assault against members of such Armed Force. "(G) Any other matters that the Secretary of Defense considers appropriate. "(f) Annual Report on Sexual Assaults. - (1) Not later than January 15 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual assaults involving members of the Armed Forces under the jurisdiction of that Secretary during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. "(2) Each report on an Armed Force under paragraph (1) shall contain the following: "(A) The number of sexual assaults against members of the Armed Force, and the number of sexual assaults by members of the Armed Force, that were reported to military officials during the year covered by such report, and the number of the cases so reported that were substantiated. "(B) A synopsis of each such substantiated case and, for each such case, the disciplinary action taken in the case, including the type of disciplinary or administrative sanction imposed, if any. "(C) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by such report in response to incidents of sexual assault involving members of the Armed Force concerned. "(D) A description of the implementation during the year covered by the report of the tracking system implemented pursuant to section 596(a) of the National Defense Authorization Act for Fiscal Year 2006 [Pub. L. 109-163, set out as a note above], including information collected on cases during that year in which care to a victim of rape or sexual assault was hindered by the lack of availability of a rape kit or other needed supplies or by the lack of timely access to appropriate laboratory testing resources. "(E) A description of the implementation during the year covered by the report of the accessibility plan implemented pursuant to section 596(b) of the National Defense Authorization Act for Fiscal Year 2006 [Pub. L. 109-163, set out as a note above], including a description of the steps taken during that year to provide that trained personnel, appropriate supplies, and transportation resources are accessible to deployed units in order to provide an appropriate and timely response in any case of reported sexual assault in a deployed unit. "(F) A description of the required supply inventory, location, accessibility, and availability of supplies, trained personnel, and transportation resources needed, and in fact in place, in order to be able to provide an appropriate and timely response in any case of reported sexual assault in a deployed unit. "(G) A plan for the actions that are to be taken in the year following the year covered by such report on the prevention of and response to sexual assault involving members of the Armed Forces concerned. "(3) Each report under paragraph (1) for any year after 2005 shall include an assessment by the Secretary of the military department submitting the report of the implementation during the preceding fiscal year of the policies and procedures of such department on the prevention of and response to sexual assaults involving members of the Armed Forces in order to determine the effectiveness of such policies and procedures during such fiscal year in providing an appropriate response to such sexual assaults. "(4) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives each report submitted to the Secretary under this subsection, together with the comments of the Secretary on the report. The Secretary shall submit each such report not later than March 15 of the year following the year covered by the report. "(5) For the report under this subsection covering 2004, the applicable date under paragraph (1) is April 1, 2005, and the applicable date under paragraph (4) is May 1, 2005." POLICY FOR TIMELY NOTIFICATION OF NEXT OF KIN OF MEMBERS SERIOUSLY ILL OR INJURED IN COMBAT ZONES Pub. L. 108-375, div. A, title VII, Sec. 724, Oct. 28, 2004, 118 Stat. 1990, provided that: "(a) Policy Required. - The Secretary of Defense shall prescribe the policy of the Department of Defense for providing, in the case of the serious illness or injury of a member of the Armed Forces in a combat zone, timely notification to the next of kin of the member regarding the illness or injury, including information on the condition of the member and the location at which the member is receiving treatment. In prescribing the policy, the Secretary shall ensure respect for the expressed desires of individual members of the Armed Forces regarding the notification of next of kin and shall include standards of timeliness for both the initial notification of next of kin under the policy and subsequent updates regarding the condition and location of the member. "(b) Submission of Policy. - Not later than 120 days after the date of the enactment of this Act [Oct. 28, 2004], the Secretary of Defense shall submit to Congress a copy of the policy." SECRETARY OF DEFENSE CRITERIA FOR AND GUIDANCE ON IDENTIFICATION AND INTERNAL TRANSMISSION OF CRITICAL INFORMATION Pub. L. 108-375, div. A, title IX, Sec. 932, Oct. 28, 2004, 118 Stat. 2031, provided that: "(a) Criteria for Critical Information. - (1) The Secretary of Defense shall establish criteria for determining categories of critical information that should be made known expeditiously to senior civilian and military officials in the Department of Defense. Those categories should be limited to matters of extraordinary significance and strategic impact to which rapid access by those officials is essential to the successful accomplishment of the national security strategy or a major military mission. The Secretary may from time to time modify the list to suit the current strategic situation. "(2) The Secretary shall provide the criteria established under paragraph (1) to the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, the commanders of the unified and specified commands, the commanders of deployed forces, and such other elements of the Department of Defense as the Secretary considers necessary. "(b) Matters To Be Included. - The criteria established under subsection (a) shall include, at a minimum, requirement for identification of the following: "(1) Any incident that may result in a contingency operation, based on the incident's nature, gravity, or potential for significant adverse consequences to United States citizens, military personnel, interests, or assets, including an incident that could result in significant adverse publicity having a major strategic impact. "(2) Any event, development, or situation that could be reasonably assumed to escalate into an incident described in paragraph (1). "(3) Any deficiency or error in policy, standards, or training that could be reasonably assumed to have the effects described in paragraph (1). "(c) Requirements for Transmission of Critical Information. - The criteria under subsection (a) shall include such requirements for transmission of such critical information to such senior civilian and military officials of the Department of Defense as the Secretary of Defense considers appropriate. "(d) Time for Issuance of Criteria. - The Secretary of Defense shall establish the criteria required by subsection (a) not later than 120 days after the date of the enactment of this Act [Oct. 28, 2004]." PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF WORLD WAR II Pub. L. 108-375, div. A, title X, Sec. 1032, Oct. 28, 2004, 118 Stat. 2045, authorized the Secretary of Defense to conduct a program during fiscal year 2005 to commemorate the 60th anniversary of World War II. PRESERVATION OF SEARCH AND RESCUE CAPABILITIES OF THE FEDERAL GOVERNMENT Pub. L. 108-375, div. A, title X, Sec. 1085, Oct. 28, 2004, 118 Stat. 2065, provided that: "The Secretary of Defense may not reduce or eliminate search and rescue capabilities at any military installation in the United States unless the Secretary first certifies to the Committees on Armed Services of the Senate and the House of Representatives that equivalent search and rescue capabilities will be provided, without interruption and consistent with the policies and objectives set forth in the United States National Search and Rescue Plan entered into force on January 1, 1999, by - "(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." SUNKEN MILITARY CRAFT Pub. L. 108-375, div. A, title XIV, Oct. 28, 2004, 118 Stat. 2094, provided that: "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) Unauthorized Activities Directed at Sunken Military Craft. - 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) Possession of Sunken Military Craft. - 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) Limitations on Application. - "(1) Actions by united states. - This section shall not apply to actions taken by, or at the direction of, the United States. "(2) Foreign persons. - 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) Loan of sunken military craft. - 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) In General. - 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) Consistency With Other Laws. - 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) Consultation. - In carrying out this section (including the issuance after the date of the enactment of this Act [Oct. 28, 2004] of regulations implementing this section), the Secretary concerned shall consult with the head of each Federal agency having authority under Federal law with respect to activities directed at sunken military craft or the locations of such craft. "(d) Application to Foreign Craft. - 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) In General. - 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) Assessment and Amount. - 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) Continuing Violations. - 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) In Rem Liability. - A vessel used to violate this title shall be liable in rem for a penalty under this section for such violation. "(e) Other Relief. - 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) Limitations. - 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) In General. - 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) Included Damages. - 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) In General. - 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) International Law. - 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) Law of Finds. - 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) Law of Salvage. - 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) Law of Capture or Prize. - Nothing in this title is intended to alter the international law of capture or prize with respect to sunken military craft. "(f) Limitation of Liability. - 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) Authorities of the Commandant of the Coast Guard. - 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) Prior Delegations, Authorizations, and Related Regulations. - Nothing in this title shall invalidate any prior delegation, authorization, or related regulation that is consistent with this title. "(i) Criminal Law. - 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. "SEC. 1407. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN COUNTRIES. "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. 1408. DEFINITIONS. "In this title: "(1) Associated contents. - 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) Secretary concerned. - 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) Sunken military craft. - The term 'sunken military craft' means all or any portion of - "(A) any sunken warship, naval auxilia