-CITE- 10 USC TITLE 10 - ARMED FORCES 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES -HEAD- TITLE 10 - ARMED FORCES -MISC1- THIS TITLE WAS ENACTED BY ACT AUG. 10, 1956, CH. 1041, SEC. 1, 70A STAT. 1 Subtitle Sec. A. General Military Law 101 B. Army 3001 C. Navy and Marine Corps 5001 D. Air Force 8001 E. Reserve Components 10001 AMENDMENTS 1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1671(a), Oct. 5, 1994, 108 Stat. 3013, added item for subtitle E. TABLE I (SHOWING DISPOSITION OF ALL SECTIONS OF FORMER TITLE 10) -------------------------------------------------------------------- Title 10 Title 10 Former Sections New Sections -------------------------------------------------------------------- 1 Rep. 1a(a) 3001 1a(b) 101 1a(c), (d) Rep. 1b 3062 1c 3075 1d, 1e 3074 1f Rep. 1g(a) 3063 1g(b) 3064 1g(c)-(f) 3065 2-10 Rep. 11 3536 12-14 Rep. 15 T. 18 Sec. 1385 15a 4711, 9711 16 3061, 8061 16a 3492, 8492 17, 17a Rep. 18 T. 37 Sec. 31a (See Rev. T. 37 Table) 19 1031 19a 4833 20 3062, 8062 20a 4503, 4531, 9503, 9531 20b 122 20c Rep. 20i 3062 20j(a) 3201 20j(b) 3205, 3213 20j(c) 3225 20j(d) 3222, 3223 20r 8062 20s(a) 8201 20s(b) 8205, 8213 20s(c) 8225 20s(d) 8222, 8223 20t 8062 21 Rep. 21a 3031 21b 3034 21c 3035 21d 3034 21e 3032 21f 3036 21g 3039 21h 3037, 3040 22, 22a Rep. 23, 23a Rep. 24-32a Rep. 33, 33a Rep. 34-37 Rep. 38 3033, 3034, 8033, 8034 41, 42 Rep. 51 Rep. 52 4024 53 Rep. 61 Rep. 61-1 3072, 3209, 3210 61a 3037 62 3037, 8072 62a 3037 63, 64 Rep. 65 3292 66-70c Rep. 71, 72 Rep. 72a (See former 1195a) 73 (See former 1377) 74 Elim. 75 (See former 1259d) 76 (See former 1259e) 77 Elim. 81, 81a Rep. 81-1 3067-3070 81-2 3311, 3685, 3818, 8067, 8685, 8818 82 3579, 8579 83 Rep. 91 Rep. 91a (less (c)-(f)) 3294, 8294 91a(c) 3294 nt. 91a(d) 3444, 8444 91a(e) 3452, 8452 91a(f) 5652a 91b Rep. 92, 92a Rep. 93 3289, 8289 94 Rep. 95 (See former 82) 96 3546, 8546 97-100 Rep. 101-103 3302, 8302 104 Rep. 105, 106 3539 107, 108 4022, 9022 121 Rep. 121a (less (c)-(f)) 3294, 8294 121a(c) 3294 nt. 121a(d) 3444, 8444 121a(e) 3452, 8452 121a(f) 5652a 121b Rep. 122-124 Rep. 125 3302 126-131 Rep. 141 Rep. 142 Rep. in part. Elim. in part. 143 Rep. 143a 3302, 8302 144, 145 Rep. 145a, 145a-1 Rep. 146 Rep. 151 Rep. 152 Rep. in part. Elim. in part. 153-156 Rep. 156a 3068, 3209 156b 3068 156c 3504, 3962, 3991 156d 3068 156e 3287, 3290 156f-156i Rep. 161-165 Rep. 166(a) 3069, 3206, 8206 166(b) 3069 166(c) 3291, 8291 166(d) Rep. See 3291(c) 166a(a) 3070, 3207, 8207 166a(b) 3070 166a(c) 3291, 8291 166a(d) Rep. See 3291(c) 166b to 166b-2 Rep. 166b-3 8067, 8209, 8296, 8579, 8683, 8963 166c to 166d-1 Rep. 166e(a) 3574, 3579, 8574, 8579 166e(b), (c) Rep. 166f 3206, 3207, 3212, 3304, 8206, 8207, 8212, 8304 166g(a), (b) 3504, 3881, 3882, 3887, 3912, 3928, 3962, 3991, 8881, 8882, 8887, 8912, 8928, 8891 166g(c) Rep. 166h Rep. 166i 3683, 8683 166j 3818, 8818 166k 3205 166l Rep. 171-177 Rep. 181 3036, 3040, 3074, 3209, 3216 181a 3040, 3209, 3493; T. 33 Sec. 583a 181b 3038 181c 3535 181d 3535 nt. 182-186 Rep. 187 Elim. 188 Rep. 189 (1st sent.) Elim. 189 (less 1st sent.) 3534 190 3534 190a T. 33 Secs. 575, 701b-9 190b T. 33 Secs. 576, 701b-10 191-196 Rep. 197, 197a Elim. 198 T. 50 Sec. 64a 199 (See former 190a) 211, 212 Rep. 213 Elim. 214, 215 Rep. 221, 222 Rep. 223 Elim. 231 Rep. 231a 3073 232 3293, 8293 233 Rep. in part. Elim. in part. 234 Rep. 235 3581, 8581 236, 237 Rep. 238, 239 3547, 8547 240 Rep. 251-253 Rep. 261, 262 Rep. 271-277 Rep. 281-283 Rep. 291-291b Rep. 291c, 291c-1 3691, 8691 291d 3692, 8692 291e 3691, 8691 291f, 291f-1 Rep. 291f-2 8257 291g Rep. 292 Rep. 292-1, 292a Rep. 292a-1, 292a-3 Rep. 292b to 292b-3 Rep. 292c 8537 292c-1 9305 292d, 293 Rep. 294 8577 295 Rep. 296, 296a 9303 297 Rep. 297a 8257 298, 298a Rep. 298a-1 9304 298b 4656, 9656 298c 4628, 9628 299 8257, 8356, 8817 299a-299d Rep. 299e 8356 300 Rep. 300a-300c Elim. 301, 302 Rep. 303 Rep. 304 Rep. See T. 37 Sec. 402(a)-(c) 304a Rep. 304b Rep. See T. 37 Sec. 402(a)-(c) 305, 306 Rep. 307 Elim. 308, 308a Rep. 309 Elim. 310(a), (b) 2271 310(c) 2272 310(d) 2273 310(e) 2271, 2272 310(f), (g) 2272 310(h) 2271 310(i) 2273 310(j) 2272, 2279 310(k) 2274 310(l), (m) 2276 310(n) 2272 310(o) 2277 310(p) 2276 310(q) Rep. 310(r) Elim. 310(s) 2271 310(t) 2275 311 2382 312 2278 313 Rep. 316, 316-1 3071 316a 3209, 3215 316b 3071, 3504, 3962, 3991 316c(a) 3311 316c(b) Rep. 316c(c) 3211 316d 3580 316e 3685 321 Rep. See 3063 nt. 321a Elim. 322-332 Rep. 333 Elim. 334, 335 Rep. 336 Elim. 337-343 Rep. 351-353 Rep. 354 3355, 8355 355, 355a Rep. 356-359a Rep. 360, 361 Rep. 361a Rep. 361b Rep. 362, 362a Rep. 363-365 Rep. 366 Rep. 367 Elim. 367a, 368 Rep. 369, 369a Rep. 369b 684 370 Rep. 371 Rep. See T. 5 Secs. 3551, 6323(a), (b) 371a Rep. See T. 5 Sec. 6323(a), (b) 371b Rep. See T. 5 Secs. 502, 5534 371c Elim. 372-375 Rep. 376 3357 377, 378 Rep. 381, 382 4382, 9382 383, 384 4383, 9383 385 4384, 9384 385a 4387, 9387 385b 4387 386 3540, 8540 386a 4387, 9387 387, 387a 4387, 9387 388 Rep. 389 4386, 9386. Rep. in part. 390 4386, 9386 391 Elim. 421-424 Rep. 425 (See former 628-1) 426, 427 Rep. 441 4385, 9385 442 4411-4414, 9411-9414 443 4385, 9385 444 (See former 387a) 445 Rep. 451-455 Rep. 455a-455c 3722, 8722 455d Rep. 455e 3723, 8723; T. 32 Sec. 320 455f Rep. 456 3687, 3688, 3721, 8687, 8688, 8721 456-1 3687 nt. 456-2 Rep. 456a, 457 Rep. 481 3205 481a Rep. 481b Rep. 482-482c Rep. 483, 484 Rep. 484a 3814, 8814 485, 486 Rep. 486a 4353, 9353. Rep. in part. See 4353 nt. 487, 487a Rep. 488, 489 Rep. 490, 491 3302, 8302 491a-491c 1521 491c-1 1521 nt. 491d 1523 492-494 Rep. 495 3544, 8544 496 Rep. 497 3545, 8545 498 3543, 8543 498a Rep. 499 3446, 8446 499a, 499b Rep. 500 3681, 8681 501 Elim. 502-504 Rep. 505-505e Rep. 506(a) 3281, 3284, 8281, 8284 506(b) 3282, 3283 506(c) 3283, 3533 506(d) 3209, 8209 506(e), (f) Rep. 506a(a) 3210, 8210 506a(b), (c) 3573, 8573 506b(a) Rep. 506b(b) 3066, 3531, 8066, 8531 506b(c) 711. Rep. in part. See T. 37 Sec. 414 506b(d) 3962, 3991, 8962, 8991. Rep. in part. See 3962 nt. 506c(a) 3284, 8284 506c(b) 3285, 8285 506c(c) 3287, 8287 506c(d) 3288, 3295, 8288, 8295 506c(e) 3286, 8286 506c(f) 3212, 3287, 3574, 4353, 8212, 8287, 8574, 9353 506c(g) Rep. 506c-1 Rep. 506c-2(a) Rep. See 3284 506c-2(b) 3285 506c-3 3286 506c-4(a) 3287. Rep. in part. See 3287 nt. 506c-4(b) 3287 506c-4(c) 3212, 3287, 3574, 4353 506c-5 3288, 3295 506c-6 3888, 3927 506c-7 3285-3288, 3295, 3314. Rep. in part. See 3287 nt. 506c-8 Rep. 506c-9 3314 506c-10 Rep. See 3287 nt. 506d(a), (b) 3442, 8442 506d(c) 3442, 3572, 8442, 8572 506d(d) 3443, 8443 506d(e) 3444, 8444 506d(f) 3447, 8447 506d(g) Rep. 506d(h) 3491, 8491 506d(i) 3441, 8441 506d-1 to 506d-3 3202 506d-4 686 507 3578, 8578 507a 3576, 5954, 8576 511 3571, 8571 512, 512a Rep. 513 3395, 3445, 3447, 8395, 8445, 8447 514 Rep. 515 744 516 Rep. 517 741 521-528 Rep. 531-534 Rep. 535, 535a 4301 536-539 Rep. 540 712 541 Elim. 551, 551a Rep. 552-552c Rep. 553-553b Rep. 554, 555 Rep. 555a 3302, 3309, 8302, 8309 556 3309, 8309 556a 3302, 3309, 8302, 8309 557 Rep. 558 3312, 3394, 3451, 8312, 8394, 8451 559(a) 3296, 8296 559(b) 3211, 3212, 8211, 8212 559(c) 3296, 8296 559(d) 3296, 3574, 8296, 8574 559(e) Rep. 559a(a) 3297, 3308, 8297, 8308 559a(b) 3313, 8313 559a(c) 3297, 8297 559a(d) Rep. 559b 3212, 3298, 8212, 8298 559c(a)-(d) 3299, 8299 559c(e) 3300, 8300 559c(f) 3299, 8299 559c(g) 3303, 8303 559c(h) 3303, 3913, 8303, 8913 559c(i) 3913, 8913 559c(j) 3299, 8299 559c(k) 3212, 3299, 8212, 8299 559c(l) 8301 559c(m) Rep. 559c-1 3299 559d 3305, 8305 559e 3306, 8306 559f 3307, 8307 559g 3036, 3212 559h, 559i Rep. 559j 3296 559k 3818 559l-559o Rep. 571-575 Rep. 576 3544, 8544 576a Rep. 577 3544, 8544 578, 579 Rep. 580 3784, 8784 581 3781, 8781 582 3782, 8782 583 3782-3784, 3786, 8782-8784, 8786 584 3785, 8785 585 3786, 8786 586 Elim. 587 Rep. 591 3310, 8310 591-1 3311, 3818 591a 3448, 8448 592 Rep. 593 3548, 3575, 8548, 8575 593a Rep. 594 3964, 3992, 8964, 8992 595 Elim. 596, 597 Rep. 598 (See former 631a) 599 Rep. 600(a), (b) 101 600(c) 564 600(d) 564, 1166, 1167, 1255, 1263, 1293, 1305. Rep. in part. See 1164 nt. 600a 555, 597, 745, 3445, 3448, 8445, 8448 600b Rep. 600c 555, 556, 597, 3448, 8448 600d 515, 1165 600e 557, 598, 3449, 8449 600f 558 600g 559, 561 600h 560, 562 600i 562, 563 600j 557 600k 564 600l(a) 1293 600l(b) 1255, 1263, 1305. Rep. in part. See 1164 nt. 600l(c) 1164 600l(d) 1371, 1401 600l(e) 564, 1164, 1166, 1255, 1263, 1305 600l(f) 1371, 1401 600l(g) Elim. 600m 515, 1166 600n 1167 600o Rep. 600p 565, 599, 3450, 8450 600q Rep. 600r 564, 1164, 1255, 1263, 1305 602 Rep. 603-604a Rep. 605-607 Rep. 608 3639, 8639 609 3635, 8635 610 3690, 8690 611 Rep. 612 1522 621 3256, 8256 621a Rep. 621b 3256, 3818 621c, 621d Elim. 622-625 3253, 8253 626, 626a Rep. 627 3256, 8256 628 3256, 3815, 3816, 8256, 8815, 8816 628-1 3256, 8256 628a 3262, 8262 628b 3263, 8263 629 3638, 8638 629a 972 630, 631 Rep. 631a 3258, 3684, 8258, 8684 632, 633 Rep. 634 3254, 3812, 8254, 8812 635 3255, 8255 636 3256, 8256 636a Rep. 637 Elim. 641-642a Rep. 643, 644 Rep. 645 Elim. 651 Rep. 652 3813, 8813 652a 3811, 8811 653, 653a Rep. 654, 654a Rep. 654b, 655 Elim. 656 Rep. 657 Elim. 658 Rep. 661 Elim. 662 Rep. 663 4023, 9023 664, 665 Rep. 671 Elim. 671a Rep. 672, 673 Elim. 681, 682 Elim. 683, 683a Rep. 684 T. 37 Sec. 4c (See Rev. T. 37 Table) 685 Elim. 686 Rep. 691, 692 Rep. 693 Elim. 694 T. 37 Sec. 235a (See Rev. T. 37 Table) 695-699 Rep. 711-716 Elim. 716a Rep. 716b 4561, 9561 717-722 Rep. 723 4593, 9593 724-726 4561, 9561 727 Elim. 728 4775, 9775 729 Rep. 741 Elim. 742-748a Rep. 749 4743, 9743 757 Elim. 758-760 Rep. 771, 772 Rep. 781 Elim. 782-786 Rep. 787 Elim. 801-811 Rep. 821-823 Rep. 824 T. 5 Sec. 73c (See Rev. T. 5 Table) 825 4748, 9748 831 4562, 9562 832 Elim. 833 Rep. 834 4563, 9563 835 Rep. 841, 842 Rep. 843 4306, 9306 844, 845 Rep. 846 Rep. 847 Rep. 847a 3632, 8632 847b Rep. 847c, 847d 3632, 8632 848 Rep. 849 3633, 8633 850-852 Rep. 861, 861a Rep. 862 T. 37 Sec. 310b (See Rev. T. 37 Table) 862a T. 31 Sec. 493b 862b Rep. 863-866j Rep. 867 Rep. 868 2771 869 T. 31 Sec. 492d 870 Rep. 871, 872 4837, 9837 873, 874 Rep. 875-875c 4837, 9837 876 3636, 8636 877 2772 878 4840, 9840 891-894 3689, 8689 895 Elim. 902, 902a Rep. 903, 903a 3688, 8688 904 4621, 9621 904a-904d Rep. 905 3634, 8634 906-906a Rep. 907, 908 Rep. 908a-908c 1035 909 Elim. 910 Rep. 911 Elim. 912-914 Rep. 914a Elim. 915-916d Rep. 917 Rep. 918 Elim. 919 Rep. 920 1584 nt. 921 3532 931-938 Rep. 938a (See former 984) 939-940a Rep. 941 Rep. 941a(a) 3883, 3885, 3886, 3961, 3991, 8883, 8885, 8886, 8961, 8991 941a(b) 3888, 3927, 8888, 8927 941a(c) 3919, 8919 941a(d) 3211, 3913, 3915, 3916, 3921-3923, 8211, 8913, 8916, 8921-8923 941a(e) 3303, 3888, 3913, 3927, 3961, 3991, 8303, 8888, 8913, 8927, 8961, 8991 941a(f) 3313, 8313 942 3924, 8924 943 3918, 8918 943a 3911, 8911 944-946 Rep. 947 3917, 3925, 8917, 8925 947a 3917, 3961, 8917, 8961 948 3914, 3991, 8914, 8991 948a 3914, 8914 951 3887, 3926, 3928, 8887, 8926, 8928 951a 3926, 8926 951b 3887, 3926, 3928, 8887, 8926, 8928 952 Elim. 953 Rep. 953a 3926, 8926 954, 955 Rep. 956 3914 nt. 957 Rep. 958 3925, 8925 961-966 Rep. 970 Rep. 971 3991, 8991 971a Rep. 971b 3911, 3991, 8911, 8991. Elim. in part. 971c 3963 nt. 972-973a Rep. 974-979 Rep. 980 3991, 8991 981-982a Rep. 983-985h Rep. 986 Rep. 990-996 Rep. 997 3504 998 T. 32 Sec. 314 999 3503, 8503 1001 3966, 8966 1002, 1003 3963, 3991, 8963, 8991 1004 3964, 3992, 8964, 8992 1005 Elim. 1006 3965, 8965 1007 Rep. 1011-1013 Rep. 1014 1375 1015 Rep. 1021, 1022 Rep. 1023 772, 3681, 8681 1024 3582, 8582 1025 3961, 8961 1026 3961, 3962, 3991 1026a Rep. 1026b T. 33 Sec. 642a 1026b-1, 1026c Rep. 1027-1028a Rep. 1028b 772 1028c Elim. 1028d Rep. 1028e Elim. 1029-1035 Rep. 1036 3966, 8966 1036a 676, 1331, 1332. Rep. in part. See 1331 1036b 1333, 1401 1036c 1001, 1334 1036d 1331, 1336 1036e 101, 1332, 1333 1036f Rep. 1036g 1334, 1335 1036h 1337 1036i Rep. 1041 4334 1042 4334, 9334 1043, 1044 4349, 9349 1051-1052a Rep. 1053-1054a Rep. 1055-1060 4355, 9355 1061 4331, 9331 1061a 4332, 9332 1062, 1063 4333, 9333 1064 4333 1065 4334 1066 Rep. 1067 4340 1068-1070 Rep. 1071 4331 1072 Rep. 1073 4331 1074-1076 Rep. 1077, 1077a 4331 1078 Rep. 1078a 4331 1079 4334, 9334 1079a(a) 4336, 9336 1079a(b) 3962, 3991, 8962, 8991 1079a(c) 3886, 3920, 8886, 8920 1080-1082 Rep. 1083 4337, 9337 1084, 1085 Rep. 1086 4338 1087 4331, 4332, 9331, 9332 1088 4331 1089 4331, 4335, 9331, 9335 1091 Rep. 1091-1 4347, 9347 1091a-1091e Rep. 1092 Rep. 1092a 4342, 9342 1092b 4342, 4346, 4351, 9342, 9346, 9351 1092c 4348, 9348 1092c-1 541 1092d 4343, 9343 1093 4345, 9345 1093a, 1093b Rep. 1093c 4344, 9344 1093d T. 20 Sec. 221a 1094 Rep. 1095, 1096 4346, 9346 1097 Rep. 1098 4342, 9342 1099 4346 1100, 1101 Rep. 1102 4349, 9349 1103, 1104 4351, 9351 1105 4349, 9349 1106 4350, 9350 1111, 1112 Rep. 1121, 1121a Elim. 1122-1124 Rep. 1125 4354 1126 4354, 9354 1127 Rep. 1131-1136 Rep. 1137 4337, 9337 1138, 1139 4339 1140-1143 Rep. 1144 4341, 9341 1145 Elim. 1146-1149 Rep. 1149a 4350, 9350 1150 T. 37 Sec. 308a (See Rev. T. 37 Table) 1151 Rep. 1161 Rep. 1161a 4333 nt. 1162 T. 44 Sec. 87 (See Rev. T. 44 Table) 1163 4352, 9352 1171 Rep. 1172 4302, 9302 1173, 1174 Rep. 1175 Elim. 1176 4302, 9302 1177-1178a Rep. 1179 4627, 4629, 9627, 9629 1180 4651, 9651 1180a, 1180b Rep. 1181 3540, 8540 1182 4654, 9654 1182a Rep. 1183 4653, 9653 1184 Rep. 1185 4652, 9652 1186-1186b Rep. 1191, 1192 Rep. 1192a 4506, 9506 1193-1195 Rep. 1195a 4533, 4561 1196 4621, 9621 1197 4535, 9535 1198 4534, 9534 1199, 1199a Rep. 1200-1203 Rep. 1204 Elim. 1205, 1206 Rep. 1206a 4539 1207 2384 1208 Rep. 1209, 1210 4538 1210a Rep. 1211 Elim. 1212 Rep. 1213, 1214 2421 1221-1225 Rep. 1231 Rep. 1232 4622, 9622 1233-1235 4621, 9621 1236 4624, 9624 1237, 1238 4621, 9621 1239 4623, 9623 1240 Rep. 1241 4621, 9621 1251, 1252 Rep. 1253 4621, 9621 1254 4624, 9624 1255, 1256 2542 1257 Rep. 1257a T. 5 Sec. 150p (See Rev. T. 5 Table) 1257b 2573 1258 Rep. 1259 4682, 9682 1259a-1259c Rep. 1259d, 1259e 4564, 9564 1261 Rep. 1262 4681, 9681 1262a Rep. 1262b 2574 1263-1267 Rep. 1268 Elim. 1269-1269b 2481 1270 2667 1270a-1270c Rep. 1270d 2667 1271, 1271a Rep. 1272-1274 Rep. 1281-1286 Rep. 1287 4591, 9591 1288 Rep. 1289 Rep. 1301 4832, 9832 1302 4838, 9838 1303 4839, 9839. See T. 18 Sec. 702 1304 4835 1305 9835 1311 Rep. 1312 4834. Rep. in part. 1313 4834 1314 Rep. 1315 3631, 8631 1316, 1317 4836, 9836 1318 Rep. 1319 4592, 9592 1320 Rep. 1331 Rep. 1332 4779, 9779 1333 Rep. 1334 4536, 9536 1335 4779, 9779 1336, 1336a Rep. 1337 Rep. 1337a 4774, 9774 1337b 4774 1337c Elim. 1337d Rep. 1337e Elim. 1338 Rep. 1339 4774, 9774 1340 Rep. 1341 4772, 9772 1342 4771, 9771 1343 Rep. 1343a-1343c 9773 1343d 9774 1344 4771, 9771 1345 4779, 9779 1346 4778, 9778 1347 T. 36 Sec. 12 1348 4777, 9777 1349 Rep. 1350 Elim. 1351 2669 1352-1354 Rep. 1361 4742, 9742 1362 T. 49 Sec. 6 1363 4741, 9741 1364 Rep. 1365 2631 1366 Rep. 1367 4745 1368 4747 1369, 1370 4744 1371 4744, 4747 1371a 4746, 9746 1372-1375b Rep. 1376 Rep. 1377 4749 1391 3611, 8611 1392 Rep. 1393 771-774, 3612, 6297, 8612 1394 Rep. 1395 4621, 4629, 9621, 9629 1401, 1402 Rep. 1403 3741, 8741 1404, 1405 Rep. 1406 3742, 8742 1407 3743, 8743 1408, 1408a Rep. 1408b 1121, 1122 1409 3744, 3752, 8744, 8752 1410 3745, 8745 1411 3744, 8744 1412 3746, 8746 1413, 1413a Elim. 1414, 1414a Elim. 1415 Elim. 1415a 3751, 3752, 8751, 8752. Rep. in part. See 3751 nt. 1415b, 1415c 3751, 8751. Rep. in part. See 3751 nt. 1416 3747, 8747 1417-1421 Rep. 1422, 1423 Elim. 1423a, 1423b Rep. 1423c Elim. 1424 3748, 8748 1425 Rep. See T. 18 Sec. 704 1426 Elim. 1427 1123 1428 3750, 8750 1429 3749, 3752, 8749, 8752 1430-1430b Rep. 1430c-1430h Elim. 1431 807 nt. 1432 3637, 8637 1433 Rep. 1434-1443 Elim. 1451 3661 1452 Rep. 1453-1455 3661 1456 3662, 8662 1457-1457b 3663, 8663 1458, 1459 3661 1460 858 nt. 1461 Elim. 1471-1578 Rep. 1579 (See former 629) 1580 (See former 652a) 1581-1583 Rep. 1584-1584c T. 5 Sec. 150j to 150j-3 (See Rev. T. 5 Table) 1585 (See former 15a) 1586-1590 Rep. 1591 (See former 507) 1592 (See former 507a) 1593, 1593a Rep. 1594-1594b Rep. 1595-1597a Rep. 1598-1605 Rep. 1701-1710 Rep. 1711 Elim. 1712-1719 Rep. 1801 (less (b)) Rep. 1801(b) 101 1802-1804 Rep. 1805 9833 1806 Rep. 1811 8031 1812 8034 1813 8035 1814 8034 1815 8032 1831 8062 1832 8075 1833 8076 1834 Rep. 1835 101, 8078; T. 32 Sec. 101 1836 Rep. 1837 8067, 8211, 8296, 8574 1838, 1839 8074 1840 8072. Elim. in part. 1843-1849 8202 1850 686 1850a 8285, 8287. Rep. in part. See 8284 1850b 8286 1850c(a) 8287, 8888, 8927 1850c(b) 8287 1850c(c) 8287, 8888, 8927 1850c(d) 8287 1850c(e) 8212, 8287, 8574, 9353. Rep. in part. See 8212 nt. 1850d 8288, 8295 1850e Rep. 1850f 8314 1850g (less (c)) Rep. 1850g(c) Rep. See 8299 nt. 1850h Rep. See 8287 nt. 1850i Rep. See 8287 nt., 8299 nt. 1850j 8285-8288, 8295, 8314 1850k 8285 1851 9331 1852(a) Rep. 1852(b) Elim. 1853 9331 nt. 1854 9331 1855 Elim. 1856 541 1857 9331 nt. 1861 4802, 4806, 9802, 9806 1862 4803, 4806, 9803, 9806 1863 4804, 9804 1864, 1865 4805, 9805 1866 4802, 4803, 9802, 9803 -------------------------------------------------------------------- TABLE II (SHOWING DISPOSITION OF ALL SECTIONS OF FORMER TITLE 34) -------------------------------------------------------------------- Title 34 Title 10 Former Sections New Sections -------------------------------------------------------------------- 1 5501 2 5403, 5405 3 5404 3a(a), (b) 5447, 5448 3a(c) 5701 nt. 3a(d) 6387 3a(e) 5701 nt. 3b(a), (b) 5449 3b(c) 5701 nt. 3b(d) 6388 3b(e) 5701 nt. 3c(a) 5442-5444, 5446, 5596, 5652-5661, 5663, 5711, 5786, 6386. Rep. in part. 3c(b) 5442-5444, 5666, 5786, 6371-6380, 6382, 6383, 6385 3c(c) 5596 3c(d) 5784, 5788 3c(e) 5596, 5784, 6326 3c(f) See T. 37 Sec. 415 3c(g) 5596 3c(h) 5596, 5784, 5786, 5788 3c(i) Rep. 3c(j) 6381, 6383, 6400 3d 5445, 5546, 5596, 5662, 5711, 5784, 5785, 6386 3e 5234, 5451, 5662, 5711, 5785, 6386 3f 5442 nt. 4(a) 5447, 5448 4(b-e) 5447 4(f) 5447, 5448, 5455 4(g) 5454 5 5449, 5454, 5455 5a(a)-(e) 5442 5a(f) 5444 5a(g) 5442, 5443 5a(h) 5444 5a(i) 5442-5444, 5447-5449 5a(j) 5454, 5507 5a(k) 5442-5444 5a-1 5451 5a-2 686 5b 5591-5594 6-10 Rep. 10a 5501. Rep. in part. 11 5572 12 5572, 5573 13, 14 5572, 5582 15 Rep. 16 Elim. 17 5573a 17a-17c Rep. 21 5599 21a Rep. 21b 5574 21c(c) 3294 nt. 21c(d) 3444, 8444 21c(e) 5787a 21c(f) 5652a 21c (less (c)-(f)) 5572, 5574 21d 5574 21e 5446, 5574, 5578, 5579, 5581, 5663, 5702, 5707, 5708, 5710, 5711, 5753, 5762, 5766, 5773, 5776, 6033, 6393 22, 23 5574 24, 25 Rep. 26 5987 30a 5404, 6027, 6028. Rep. in part. 30a-1 5139 30b, 30c Rep. 30d Elim. 30e 5579 30f 5572 30g 6392 30h 5579, 5945 30i Rep. 30j 5579 30k-30m 5579 nt. 31 Rep. 32 Rep. 33 Rep. 34 5412, 6013, 6014 34a 6014 35-37 Rep. 41, 42 Rep. 43 5572, 6027. Rep. in part. 43a 5140 43b Rep. 43b-1 Elim. 43c 5580, 6392 43c-1 5601 43d 5945, 6030 43e, 43f Rep. 43g(a) 6396 43g(b) 5140 43g(c) 6151 43g(d) 6325, 6396 43g(e) Rep. 43g(f) 6151, 6325, 6396 43g(g) 6151, 6329, 6404 43g(h) 6324, 6396 43g(i) 772 43h(a) (provisos) 6033, 6086, 7577 43h (less provisos of (a)) Rep. 43i 6393 43j Elim. 43k-43o Rep. 51 5578, 6027 51a Rep. 51b(c) 3294 nt. 51b(d) 3444, 8444 51b(e) 5787a 51b(f) 5652a 51b (less (c)-(f)) 5572, 5578 51c 5578, 5787a 52 5578 53, 54 T. 5 Secs. 456b, 456c (See Rev. T. 5 Table) 55 T. 5 Sec. 456d (See Rev. T. 5 Table) 61 5575 61a-63 Rep. 64-66 6026 67 6113 71 5587 71a, 71b Rep. 72 5406 73 5587 74, 74a Rep. 75, 76 Rep. 77 5572, 5587 78 5407, 5587 79 Rep. 81 Rep. 82-86 Rep. 91 5576 92, 93 Rep. 93a 5572, 5576 94 Rep. 95, 96 6031 97 5142 101 Elim. 102 Rep. 105 5532-5534, 5572, 5590 105a (proviso) Rep. 105a (less proviso) 5410 105b (1st sent.) Rep. 105b (less 1st sent.) 5452-5455 105c 5590 105d 5143 105e (proviso) Rep. 105e (less proviso) 5777 105f Rep. 105g 6015 105h 6033 105i 6294, 6393 105j 5446, 5504, 5596, 5663, 5704-5707, 5710, 5711, 5784 105k 5446, 5504, 5590, 5663, 5664, 5711, 5753, 5763, 5774 111, 112 Rep. 121-132a Rep. 133, 134 Rep. 135(a), (b) 101 135(c) 564 135(d) 564, 1166, 1167, 1255, 1263, 1293, 1305. Rep. in part. See 1164 nt. 135a 555, 597, 5503, 5596-5593, 5787; T. 14 Secs. 435-438 135b Rep. 135c 555, 556, 597, 5596-5598, 5787; T. 14 Secs. 435-438 135d 515, 1165 135e, 135f Rep. 135g T. 14 Secs. 435-438 141-146 Rep. 151 5401 152 Rep. 153 5401, 5402 161 5532, 5533 161a (See former 206) 162 5535 163 5532 171-175 Rep. 176 6013 177 Rep. 181 5533, 5534, 5538, 6293 181a 5538 182 5534 183, 183a 5536 183b 972 184 5539 185 5537 186 5538 187 5531. Rep in part. See T. 14 Sec. 350 188 5534. Rep. in part. See T. 14 Sec. 351 189 Rep. See T. 14 Secs. 350, 351 191 5401, 5410, 5412, 6296 192, 193 6291 194 Rep. 195 6295 196 Rep. 197 6297 197a, 198 Rep. 199 6298 200 Rep. 201-201b 5540 202 Rep. 203 6293 204 Rep. 205, 206 Elim. 211 6019 211a(a) (1st proviso of 2d Rep. sent.) 211a(a) (less 1st proviso of 5504, 5786 2d sent.) 211a(b)-(d) Rep. 211a(e) (words before 2d Rep. proviso) 211a(e) (less words before 2d Elim. proviso) 211a(f)-(h) Rep. 211a(i) (less 1st proviso) 5504 211a(j) Rep. 211a(k) (1st, 2d, 4th, 5th Elim. provisos) 211a(k) (less 1st, 2d, 4th, Rep. 5th provisos) 211a(l), (m) Rep. 211a(n) 5597, 5787 211a(o) 5504, 5505, 5786 211a(p) Rep. 211a(q) 5780-5782 211a(r) 6371 211a(s) Rep. 211a(t) Elim. 211b 5408, 5587 211b-1 to 211b-5 Elim. 211c(a) 5572, 5589 211c(e)-(g) 5409 211c(h) Rep. 211c (less (e)-(h)) 5589 211d 5231, 5501 211e 5450 212, 212a Rep. 213-215 Rep. 216 5981 217 5948 217a, 217a-1 Rep. 217a-2 1031 217b 7476 218 5950 219 6143 220 5949 221 Rep. 222 6018 223, 224 Rep. 225 5133 226 6405 227 Rep. 228 6406 228a Elim. 228b, 229 Rep. 230 T. 37 Sec. 4c-1 (See Rev. T. 37 Table) 231, 232 Rep. 233 5862 234, 235 Rep. 241, 241a 741 242-244a Rep. 245 Rep. 246 5946 247, 248 5953 249-251 Rep. 251a 744 252 Rep. 253 5945 254, 255 Rep. 256 5577 257 Rep. 258 5504 259 Rep. 259a 745 260-263 Rep. 264 5951 265 5947 266 6031 271, 272 5861 272a Elim. 273 Rep. 274, 275 5862 276-279 5863 280 5866 281, 282 5863 283 5865 284, 285 5862 285a 5442, 5444, 5447, 5449, 5452 285b-285d 1521 285e 1522 285e-1 1521 nt. 285f 1523 286 to 286h-2 Rep. 286i-294a Rep. 295-297b Rep. 298-303 Rep. 304-304g 5701 nt. 305-305g 5701 nt. 306 5701-5703 306a 5705 306b(a)(1) 6371 306b(a)(2) 6378 306b(a)(3) 5751, 5754 306b(a)(4), (5) 5751 306b(b)(1) 6378 306b(b)(2) 5753, 5754 306b(b)(3) 5753 306c(a)(1) 5706 306c(a)(2) 5756 306c(a)(3) 5757 306c(a)(4), (5) 5758, 5759 306c(a)(6), (7) 5758 306c(a)(8) 6371 306c(a)(9) 5707 306c(a)(10)-(12) 5764, 5765 306c(a)(13), (14) 5768 306c(b)(1) 5706 306c(b)(2)-(8) 5762 306c(b)(9) 5761 306c(b)(10) 5707 306c(b)(11), (12) 5766 306c(c) 5755, 6407 306d(a) 5707, 5776. Rep. in part. 306d(b) 5707, 5776 306d(c)(1) 5707 306d(c)(2) 5708, 6384 306e 5708, 5710 306f(a)(1) 5769, 5771 306f(a)(2) 5769, 5771, 5775 306f(a)(3) 5770 306f(b)(1), (2) 5773, 5775 306f(b)(3) 5772, 5775 306f(c)(1) 5777 306f(c)(2) 5780, 5791 306f(c)(3) 5781, 5791 306f(c)(4) 5782, 5791 306f(c)(5), (6) 5783 306f(d)(1) Rep. 306f(d)(2) 5508 306f(d)(3) 5652, 5652b 306f(d)(4) 5653 306f(d)(5) 5655 306f(d)(6) 5654 306f(d)(7) 5656 306f(d)(8) 5657 306f(d)(9) 5658 306f(d)(10) 5659 306f(d)(11) 5660 306f(d)(12) 5661 306f(d)(13) 5651 306f(d)(14) 5507 306g 5788 306h 5596, 5779, 5784 306i-306k Rep. 306l 5862 306m Rep. 306n Elim. 306o 5788 306p 5861, 5862 306q 5751, 6371, 6376, 6377 306r Rep. 306s 5767 306t Rep. 307(a) 5704, 5754, 5755, 5771 307(b) 5787b, 5788 307(c) 5704 307(d) 5752, 5754 307(e) 5664 307(f) 5753 307(g), (h) 5707 307(i) 5760. Rep. in part. See 6401 nt. 307(j) 5707, 5760, 5771, 5775 307(k) 5707, 5763. Rep. in part. See 6401 nt. 307(l) 5707, 5708 307(m) 5710 307(n) 5775 307(o) 5774, 5775 307(p) (1st sent.) 5403-5405, 5447-5449 307(p) (less 1st sent.) Rep. 307(q) 5770 307(r) Rep. 311-313a Rep. 314 5788 321-324 Rep. 330 557, 598, 5596-5598, 5787; T. 14 Secs. 435-438 330a 558 330b 559, 561 330c 560, 562 330d 562, 563 330e 557 330f 564 330g 565, 599 331-331b Rep. 332-332c Rep. 333-335b Rep. 336, 337 Rep. 338 5572, 5586 338a (provisos) Rep. 338a (less provisos) 5586 338b 5586 338c (proviso) Rep. 338c (less proviso) 5504 338d 5586 338e Rep. 338f (proviso) 5586 338f (less proviso) Rep. 338g 5504, 5586 339(a), (b) 5586 339(c) Elim. 341-343 5790 344 Rep. 345-347 5789 348-348u Rep. 349-349k Rep. 350, 350a 5597, 5787; T. 14 Secs. 435-438 350b 5787; T. 14 Secs. 435-438 350c(a) 5597, 5787; T. 14 Secs. 435-438 350c(b) Rep. 350d 5597, 5787, 6395; T. 14 Secs. 435-438 350e 5501, 5597, 5787; T. 14 Secs. 435-438 350f(a) (1st, 3d, 4th provisos) Rep. 350f(a) (less 1st, 3d, 4th 5597, 5787, 6326; T. 14 Secs. provisos) 435-438 350f(b) Rep. See T. 37 Sec. 414 350g Rep. 350h 5442-5444, 5447-5449; T. 14 Secs. 758a, 759a 350i(a) 5597, 5787, 6488; T. 14 Secs. 435-438, 758a, 759a 350i(b)(1) Rep. 350i(b)(2) 6151. Rep. in part. See T. 42 Sec. 212(g) 350i(c) Rep. 350i(d) 6488 350i(e) 6161, 6326 350j 5597, 5787. Rep. in part. See T. 14 Sec. 351; T. 42 Sec. 212(g) 350k 5597, 5787. Rep. in part. See T. 42 Sec. 212(g) 351-353 Rep. 354 6241 355 6243 356 6242 356a 6244 356b 6246 357 Rep. 358 6247 358a 6255 359 6253, 6254 360 6248 361 Elim. 362 6249 363 6250 364 6245, 6247, 6249-6252 364a T. 14 Sec. 492a. Rep. in part. See T. 14 Secs. 494, 497 364b Rep. 365 T. 38 Secs. 391-394 (See Rev. T. 38 Table) 366 Elim. 367 7218 371 1123 372-375 (See former 371) 381 6321 382 Rep. 383 6322 384 Rep. 385 6329 386 5864 387-388a Rep. 389 772, 6016, 6325, 6381, 6383, 6394, 6400 390-393 Rep. 394 1375 395-396a Rep. 397 Rep. 399 to 399c-1 Rep. 399d 772 399e Elim. 399f Rep. 399g (See former 399c-1) 399h Rep. 400 Rep. 401 5955 402, 402a Rep. 403-405 Rep. 405a 6392 406-410 Rep. 410a 6394 410b, 410b-1 6323 410c 6151, 6325, 6328, 6404 410d 6390, 6404 410e Rep. 410f-410i 5701 nt. 410j(a) 6376-6384 410j(b) 6376-6378 410j(c) 6379 410j(d) 6383 410j(e) 6380 410j(f) 6383 410j(g) 6381, 6383, 6400, 6404 410j(h) 6382-6384, 6404 410j(i) Rep. 410j(j) 5865 410j(k) 6381 410j(l) Elim. 410j(m) 6382-6384. Elim. in part. 410k Elim. 410l(a) 6371, 6381 410l(b) 5709, 5710, 6372, 6381 410l(c) 6381 410l(d)-(k) Rep. 410m 6325, 6326, 6381 410n 6150, 6483 410o (last proviso) Elim. 410o (less last proviso) 5233 410p(a) 6390 410p(b) Rep. 410q 6149 410r(a) 5776, 6151, 6380, 6382, 6400 410r(b) 5143, 6398 410r(c) 6399 410r(d) 5143 410r(e) 5143, 6398, 6399 410r(f) Rep. 410r(g) 5143, 6151, 6325 410r(h) 5143, 6151, 6328, 6404 410r(i) 6400 410r(j) 6401, 6402, 6404. Rep. in part. See 6401 nt. 410r(k) 5143, 6398, 6399 410s-418 Rep. 419-419b 6394 421-423 6481 423a Rep. 424-426 5982 427 Rep. 428 5507, 6487. Rep. in part. See T. 42 Sec. 212(g) 429 (proviso) Rep. 429 (less proviso) 5507 430(a) 1293 430(b)(1) 1255 430(b)(2) 1305 430(b)(3) Rep. See 1164 nt. 430(b) (less (1)-(3)) 1263 430(c) 1164 430(d) 1371, 1401 430(e) 564, 1164, 1166, 1255, 1263, 1305 430(f) 1371, 1401, 6325 430(g) Elim. 430a 515, 1166 430b 1167 430c 564, 1164, 1255, 1263, 1305 430d 565, 599, 6409 431, 432 6326 433 6482 434 6484 435-440a Rep. 440h 6017 440h-1 6323. Rep. in part. 440i 676, 1331, 1332 440j 1333, 1401 440k 1001, 1334 440l 1331, 1336 440m 101, 1332, 1333 440n 6034 440o 1334, 1335 440p 1337 440q, 441 Rep. 441a 712 442-448 Rep. 448a, 448b Elim. 449 6114 450 Rep. 450a, 450b Elim. 450b-1 Rep. 450c Elim. 451 5941 452 7293 453 Rep. 461-463 7292 471-473 Rep. 474 7224 481-486a Rep. 487 Rep. 488 7301 489 Elim. 490 7297 491 7304 492 7305 493, 493a Rep. 493a-1 7307 493b 7306 493c 7298 494 Elim. 495 (2d proviso of 1st par.) Rep. 495 (1st par., less 2d proviso) Elim. 495 (less 1st par.) 7342, 7343 495a 7342 496 2382, 7300 496a Rep. 496b Elim. 497 Rep. 498 to 498-5 Elim. 498a to 498a-2 Elim. 498a-3, 498a-4 Rep. 498a-5 Elim. 498b (See former 749b) 498c to 498c-3 Elim. 498c-4 Rep. 498c-5, 498c-6 Elim. 498c-7 to 498c-13 Rep. 498c-14, 498c-15 Elim. 498d Rep. 498d-1 7296 498d-2 Elim. 498e Rep. 498f to 498f-2 Elim. 498g Rep. 498g-1 7295 498h 7294, 7344 498i Rep. 498j 7302 498k Rep. 498l 7299 498m (2d sent. of 3d par.) 7296 498m (less 2d sent of 3d par.) Elim. 498n-498q Elim. 501 5943 502-504 Rep. 505 7474 506-508 Rep. 509 7475 510-514 Rep. 520 T. 33 Sec. 733; T. 40 Sec. 255 (See Rev. T. 40 Table); T. 50 Sec. 175 520a Rep. 521 7219 522 Rep. 522a 2667 522b-522d Rep. 522e 2667 523 7223 524 (1st par.) 7421-7423, 7426, 7430 524 (2d par.) 7426, 7430 524 (3d par.) 7430, 7432 524 (4th par.) 7424, 7431 524 (5th par.) 7425, 7432, 7434 524 (6th par.) 7428, 7429 524 (7th par.) Rep. 524 (8th par.) 7435 524 (9th par.) 7436 524 (10th par.) 7433 524 (11th par.) 7437, 7438 524a 7421 525 Rep. 526 Elim. 527 7580 528 2631 528a Rep. 529-531a Rep. 532-532a Rep. 533, 533a 7601 534 Rep. 535 Rep. See T. 14 Secs. 144, 145 536 7603 537 6155 538 7602 539 4621, 9621 540 4625, 9625 540a Rep. 541 4564, 9564 542 7604 543, 544 Rep. 544a T. 31 Sec. 495a 545 2574 546 T. 5 Sec. 150p (See Rev. T. 5 Table) 546a Rep. 546b 7541 546c Rep. 546d 7542 546e 7307. Rep. in part. 546f 7308 546g 7545 546h 7545, 7546 546i 7544 546j Elim. 546k 7308, 7545 546l-546n Rep. 547, 548 Rep. 549, 550 2542 551-551a Rep. 551b 2573 552 7605 553 Rep. 553a-553c 2481 554, 555 Rep. 555a, 555b 2421 555c Elim. 555d, 555e 7227 555f 7228 556 7212 557 7213 558 7575 559 7206 560-567 Rep. 568 2383 569-579 Rep. 580 7229 580a Elim. 581 Rep. 582 7521 583 2384 584 7210 591 6011 592, 593 Rep. 593a 5792 594 Rep. 595 6202 596 6221, 6224 597 1551 598, 599 Rep. 600 7625 600a 7623 600b 7624 600c, 600d 7623 601-603 Rep. 604 T. 37 Sec. 31a (See Rev. T. 37 Table) 605 7215 606 7214 607 Rep. 608 6156 609 122 610 Rep. 621 5201 622 5201, 5502 623 Rep. 623a 5202 623b 5232, 5233, 5502 623c 5952 624-625b Rep. 625c 5588, 5707 625d 5588 625e, 625f 5204 625g 6020 625h(a) 5405, 5448, 5453-5455, 5532-5534, 5572, 5590, 5596, 5704-5708, 5711, 5752, 5755, 5760, 5771, 5775, 5777, 5784, 5787b, 5788, 6015, 6033, 6151, 6325, 6328, 6380, 6382, 6398-6402, 6404 625h(b) (proviso) Rep. 625h(b) (less proviso) 5410 625h(c) (proviso) Rep. 625h(c) (less proviso) 5411 625h(d) 5206, 5453, 5787b 625h(f) Rep. See 5760 625h(g) Rep. See 6401, 6402, 6404 626(a) 5405, 5448, 5454, 5455, 6387 626(b)-(d) 5448 626(e)-(n) 5701 nt. 626(o), (p) 5448 626(q)-(y) 5701 nt. 626 5405, 5448, 5454, 5455, 6387. 626-1(a) 5443, 5445, 5454, 5504, 5505, 5703, 5705, 5707, 5708, 5711, 5751, 5755, 5756, 5765, 5768, 5769, 5775, 5777, 5780, 5783, 5785, 5786, 5788, 5791, 5862, 5865, 6321, 6322, 6325, 6329, 6376, 6377, 6379-6384, 6386 626-1(b)-(d) 5443 626-1(e) 5770 626-1(f) 5703, 5707 626-1(g) 5703 626-1(h) 5751, 5769, 5775 626-1(i) 5765 626-1(j) 741 626-1(k) 5703, 5709 626-1(l) 5709, 5710, 6373, 6381 626-1(m) 5709, 6373 626-1(n) 6374, 6381 626-1(o) 5443, 5703, 5707, 5708, 5757, 5765, 5769, 5775, 6383 626-1(p) 5703, 5707, 5708, 5759, 5765, 5769, 5775, 6377, 6378 626-1(q) 5709, 5710, 6375, 6381 626-1(r) 5709, 6375 626-1(s) 5706, 6378 626-1(t) 5707 626-1(u) Rep. 626-1(v) Elim. 626-1(w) (See former 626-1(t)) 626-1(x) (See former 626-1(u)) 626-1(y) Rep. 626a, 626b Rep. 627, 627a Rep. 628 Rep. 629 5502 630-632a Rep. 632b (1st par.) Rep. 632b (less 1st par.) 5203 632c Rep. 632d 5588 633 Rep. 634 5583, 5585 635 5595 636 Rep. 637 5584 638 Rep. 639 5504, 5572, 5584 639a-646 Rep. 651 741, 5502 651a-654 Rep. 661-662c Rep. 663, 664 Rep. 665, 666 5861 667-667f Rep. 668-669b Rep. 670, 671 5790 671a 5443, 5448, 5453 672 5789 681-685 Rep. 685a 5201 685b 5205 686-688 Rep. 691, 691-1 Rep. 691a Rep. 691b Elim. 691c, 691d Rep. 692 5533, 5534, 5538, 6293 692a 5538 693 5531 694 Rep. 695 6158 696, 697 Elim. 701 6222, 6224 701-1 to 701-5 6222 nt. 701a Rep. 702 6223 711, 712 Rep. 713 5944 714 6012 715-718 Rep. 721-723 Rep. 724 7581 725 6032 731 Rep. 732, 732a 6021 733, 734 Rep. 735 (par. 1) 6023 735 (par. 2) 6025 735 (par. 3) 6024 735 (pars. 4, 5) 5942 735 (par. 6) Rep. 735 (par. 7) 5942 735 (par. 8) Rep. 735a Rep. 735b 6911 736 6022 737, 737a 6914 738 (last sent.) 6914 738 (less last sent.) Rep. 741-748 Rep. 749 (2d proviso of par. 7) 7341 749 (less 2d proviso of par. 7) Rep. 749a to 749c-1 Rep. 749d, 749e 7341 749f Rep. 751, 751a Rep. 752-770 Rep. 771, 772 6115 773, 774 Rep. 781-783b Rep. 784-790 Rep. 801-805 Rep. 811 Rep. 821(a), (b) 6901 821(c), (d) Rep. 822 6901 831 Rep. 841 Rep. 841a-841e 6915; T. 14 Secs. 758a, 759a 841f Rep. 841g T. 14 Secs. 758a, 759a 841h 6915; T. 14 Secs. 758a, 759a 842-843a Rep. 844 to 849d-1 Rep. 849e-849i Rep. 850 Rep. 850a, 850b 6911 850c 6912. Rep. in part. See T. 37 Sec. 402(a)-(c) 850d Rep. 850e 6912 850f, 850g 6913 850h 5788 850i, 850j Rep. 850k to 850k-2 Elim. 850l, 850m Rep. 851 to 853a-1 Rep. 835b to 853c-1 Rep. 853c-2 to 853c-2a 6902 853c-3 6902 853c-4 (proviso) 6902 853c-4 (less proviso) Rep. 853c-5 Rep. 853c-6 Elim. 853d, 853e Rep. 853e-1 684 853f to 853g-1 Rep. 853h-853j Rep. 854 (proviso) Rep. 854 (less proviso) 6330 854a 6330, 6332 854b Elim. 854c 6330, 6331. Rep. in part. 854c-1 to 854c-5 6330 nt. 854d 6485, 6486. Rep. in part. 854e (2d, 4th provisos) 6331 854e (3d, 5th provisos) Elim. 854e (less 3d-5th provisos) 6485 854f 6201 854g Rep. 855-855b Rep. 855c(a) 6148 855c (less (a)) Elim. 855c-1 6148 855c-2 Rep. 855c-3 8687 nt. 855c-4 Rep. 855d to 855i-1 Rep. 855j-855s Rep. 856 to 857c-1 Rep. 857d-857g Rep. 858-858c Rep. 861-861f (See former 842, 843, 844-848) 862, 863 6141 864 Rep. 864a 5701 nt. 864b 5507 865 Rep. 865a T. 37 Sec. 257 (See Rev. T. 37 Table) 865b 5062 866-869 Rep. 870 5788 870a Elim. 871-875 Rep. 875a T. 37 Sec. 310c (See Rev. T. 37 Table) 875b T. 37 Sec. 310d (See Rev. T. 37 Table) 876-877a Rep. 878 Rep. 879 6321, 6322, 6326 879a Elim. 879b, 880 Rep. 881 6406 882 Rep. 882a 6111 882b Rep. 882c, 882d 6111 883 6112 884 Rep. 885 6152 886, 887 Rep. 887a-889 Rep. 890 2772 891 6154 892-894a Rep. 895-895a Rep. 896-896b Rep. 897 Rep. 898 6157; T. 14 Sec. 471a 899 Rep. 899a 7523 900 Rep. 900a 6292 900b, 901 Rep. 901a 6081, 6086 902 Rep. 902a-902c 6082 902d 6083 903-907 Rep. 908 6084 909 6085 911 7571 911a 7571, 7572 911b-911d 7574 911e Rep. 912-914 Rep. 915 7572 915a 7576 915b 6087, 7578, 7579 915c Elim. 916, 916a Rep. 917, 919 Rep. 921 Rep. 921a, 921b 6203 922-929 Rep. 931 6146 932 6142 933, 933a Rep. 935-936 Rep. 937-939 1035 941 Rep. 941a 2771 942 6522 943, 944 6521 945 Elim. 951 T. 37 Sec. 243 (See Rev. T. 37 Table) 952 T. 37 Sec. 244 (See Rev. T. 37 Table) 953 6145 954 6144 961 6147 962 Rep. 963 6147 971-977 Rep. 981-984a Rep. 985-989 Rep. 991-993d Rep. 993e Elim. 994-995a Rep. 996-1001 Rep. 1011 Rep. 1012-1017 Elim. 1020, 1020a 6903 1020b, 1020c 6904-6906 1020d 6023, 6906 1020e(a) 6904, 6906 1020e(b) 6909 1020e(c) 6904, 6909 1020e(d) (1st sent.) 5504, 6904, 6906, 6909 1020e(d) (less 1st sent.) Rep. 1020f 6907, 6909 1020g, 1020h 6907-6909 1020i 6910 1020j 6913 1020k Rep. 1020l 6901 1020m Rep. 1021 6951 1031 Rep. 1032 6954, 6958 1032-1 6955 1032a, 1033 Rep. 1033a, 1034 6954 1035 Rep. 1035a 6954 1036 to 1036-2 6957 1036a-1039 6954 1040, 1041 6956 1042, 1043 6958 1044-1045a Rep. 1046 Rep. 1047 6956, 6958 1048 6959 1049 6956 1051, 1052 Rep. 1052a 6960 1053 6963 1054 6966 1055 Rep. 1056 6966 1057 (Proviso of 3d sent.) Rep. 1057 (3d sent. less proviso) 5504 1057 (less 3d sent.) 5573 1057-1 541 1057a (last sent.) Rep. See 4353 nt., 6967 nt.; T. 46 Sec. 1126a-1 nt. 1057a (less last sent.) 6976 1057a-1 (See former 1076f) 1057b Rep. 1061 Rep. 1062 6961 1062a 6962 1063-1067 6964 1068 6965 1071 6952, 7478 1072 Rep. 1073 7082 1073a 7083 1073b 7084 1073c 7081 1073c-1 7081, 7085 1073c-2 7086 1073c-3 7087 1073d 7081 1073e 7088 1073f Rep. See 7085 nt. 1074 7043, 7081 1076 7041 1076a 7042 1076b 7044, 7081 1076c 7043 1076d 7046 1076e 7045 1076f 7047 1081, 1082 Rep. 1083-1088 6968 1091 Rep. 1091a 6969 1101-1103 6970 1104 Elim. 1105 Rep. 1106 6971 1107, 1108 Rep. 1108a Elim. 1108b (last proviso) Elim. 1108b (less last proviso) 6971 1109 Rep. 1109a Elim. 1110 Rep. 1111 6972 1115-1115c 6973 1116 Rep. 1117 Elim. 1118-1120 6974 1121 T. 46 Sec. 1335 1122 T. 46 Sec. 1336 1123 5985. Rep. in part. See T. 46 Sec. 1337 1123a T. 46 Sec. 1337 1123b T. 46 Sec. 1338 1123c T. 46 Sec. 1339 1123d T. 46 Sec. 1340 1123e T. 46 Sec. 1341 1123f-1125 Rep. 1126 5986 1127 Rep. 1128 7547 1129, 1130 5984 1131, 1132 7651 1133 7657 1134 7658 1135 7659 1136 7656 1137 7655, 7676 1138 7660, 7661 1139 7662 1140 7663 1141 7653, 7654 1142 7664 1143 7665 1144 7666 1145 7667 1146 7680 1147 7679 1148 7669 1149 7670 1150 7670, 7671 1151 7668 1152 7677 1153 7673 1154, 1155 7676 1156 7675 1157 7674 1158 7651, 7672 1158a Rep. 1159 7651, 7652 1160 7653 1161 7652 1162 7663 1163 7655, 7676 1164 (1st sent.) Rep. 1164 (less 1st sent.) 7652 1165 7681 1166 7652 1167 7678 1200, 1201 Rep. -------------------------------------------------------------------- POSITIVE LAW; CITATION This title has been enacted into positive law by section 1 of act Aug. 10, 1956, ch. 1041, 70A Stat. 1, which provided in part that: "Title 10 of the United States Code, entitled 'Armed Forces', is revised, codified, and enacted into law, and may be cited as 'Title 10, United States Code, Sec. - .' " REPEALS Section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641, repealed the sections or parts of sections of the Revised Statutes or Statutes at large covering provisions codified in this act, "except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this act [Aug. 10, 1956] and except as provided in section 49." SAVINGS PROVISION AND SEPARABILITY Section 49 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided that: "(a) In sections 1-48 of this Act [see Tables for classification], it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act [Aug. 10, 1956]. However, laws effective after March 31, 1955, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency. "(b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1-48. "(c) Actions taken and offenses committed under the replaced law shall be considered to have been taken or committed under the corresponding provisions of sections 1-48. "(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. "(e) In chapter 47 of title 10, United States Code, enacted by section 1 of this Act, no inference of a legislative construction is to be drawn from the part in which any article is placed nor from the catchlines of the part or the article as set out in that chapter. "(f) The enactment of this Act does not increase or decrease the pay or allowances, including retired pay and retainer pay, of any person. "(g) The enactment of this Act does not affect the status of persons who, on the effective date of this Act [Aug. 10, 1956], have the status of warrant officers of the Army Mine Planter Service." EFFECTIVE DATE OF UNIFORM CODE OF MILITARY JUSTICE Section 51 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided that chapter 47 of this title takes effect January 1, 1957. RESTATEMENT OF SUSPENDED OR TEMPORARILY SUPERSEDED PROVISIONS Section 50 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided that: "If on the effective date of this Act [Aug. 10, 1956] a provision of law that is restated in this Act and repealed by section 53 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status." IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 85-861; LEGISLATIVE PURPOSE; REPEAL OF INCONSISTENT PROVISIONS; CORRESPONDING PROVISIONS; SAVINGS PROVISION AND SEPARABILITY; STATUS; REPEALS Section 34 of Pub. L. 85-861 provided that: "(a) In sections 1-32 of this Act [see Tables for classification], it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act [Sept. 2, 1958]. However, laws effective after December 31, 1957, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency. "(b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1-32. "(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 1- 32. "(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. "(e) The enactment of this Act does not increase or decrease the pay or allowances, including retired and retainer pay, of any person." Section 35 of Pub. L. 85-861 provided that: "If on the effective date of this Act [Sept. 2, 1958] a provision of law that is restated in this Act and repealed by section 36 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status." Section 36 of Pub. L. 85-861 repealed certain laws except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before Sept. 2, 1958. IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 87-651; INCONSISTENT PROVISIONS SUPERSEDED; CORRESPONDING PROVISIONS Section 306 of Pub. L. 87-651 provided that: "(a) Laws becoming effective after January 9, 1962, that are inconsistent with this Act [see Tables for classification] shall be considered as superseding it to the extent of the inconsistency. "(b) References made by other laws, regulations and orders to the laws shall be considered to be made to the corresponding provisions of this Act. "(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of this Act. "(d) The enactment of this Act, except section 108 [amending section 1334 [now 12734] of this title], does not increase or decrease the pay or allowances, including retired and retainer pay, of any person." IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 89-718; INCONSISTENT PROVISIONS SUPERSEDED; CORRESPONDING PROVISIONS Section 74 of Pub. L. 89-718 provided that: "(a) Laws becoming effective after June 1, 1965, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency. "(b) References made by other laws, regulations, and orders to the laws restated by this Act shall be considered to be made to the corresponding provisions of this Act. "(c) Actions taken under the laws restated by this Act shall be considered to have been taken under the corresponding provisions of this Act." IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 97-295; LEGISLATIVE PURPOSE; REPEAL OF INCONSISTENT PROVISIONS; CORRESPONDING PROVISIONS; SAVINGS PROVISION AND SEPARABILITY Pub. L. 97-295, Sec. 5, Oct. 12, 1982, 96 Stat. 1313, provided that: "(a) Sections 1-4 of this Act [see Tables for classification] restate, without substantive change, laws enacted before December 2, 1981, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after December 1, 1981, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. "(b) A reference to a law replaced by sections 1-4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. "(c) An order, rule, or regulation in effect under a law replaced by sections 1-4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. "(d) An action taken or an offense committed under a law replaced by sections 1-4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. "(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision. "(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications." Section 6(a) of Pub. L. 97-295 provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal." Section 6(b) of Pub. L. 97-295 repealed certain sections or parts of sections of the Statutes at Large, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 12, 1982. IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 100-370; CORRESPONDING PROVISIONS; SAVINGS PROVISION Pub. L. 100-370, Sec. 4, July 19, 1988, 102 Stat. 856, provided that: "(a) References to Replaced Laws. - A reference to a law replaced by the provisions of title 10, United States Code, enacted by this Act [see Tables for classification] (including a reference in a regulation, order, or other law) shall be treated as referring to the corresponding provision enacted by this Act. "(b) Savings Provision for Regulations. - A regulation, rule, or order in effect under a law replaced by the provisions of title 10, United States Code, enacted by this Act shall continue in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. "(c) General Savings Provision. - An action taken or an offense committed under a law replaced by the provisions of title 10, United States Code, enacted by this Act shall be treated as having been taken or committed under the corresponding provision enacted by this Act." IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 101-510; CORRESPONDING PROVISIONS; SAVINGS PROVISION Pub. L. 101-510, div. A, title XIV, Sec. 1481(k), Nov. 5, 1990, 104 Stat. 1709, provided that: "(1) A reference to a law replaced by the provisions of title 10, United States Code, enacted by this section [enacting sections 129b, 1056, 2245, 2549, 2550, 2678, and 2732 of this title, amending sections 114, 1584, 1593, 2701, 2734, 2734a, and 2734b of this title, enacting provisions set out as a note under section 1056 of this title, and repealing provisions set out as notes under sections 113, 114, 1584, 1593, 2241, and 2701 of this title] (including a reference in a regulation, order, or other law) shall be treated as referring to the corresponding provision enacted by this section. "(2) A regulation, rule, or order in effect under a law replaced by the provisions of title 10, United States Code, enacted by this section shall continue in effect under the corresponding provision enacted by this title until repealed, amended, or superseded. "(3) An action taken or an offense committed under a law replaced by the provisions of title 10, United States Code, enacted by this section shall be treated as having been taken or committed under the corresponding provision enacted by this title." IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 103-337; CORRESPONDING PROVISIONS; SAVINGS PROVISION Pub. L. 103-337, div. A, title XVI, Sec. 1665, Oct. 5, 1994, 108 Stat. 3012, provided that: "(a) References to Transferred or Replaced Provisions. - A reference to a provision of title 10, United States Code, transferred or replaced by the provisions of sections 1661 through 1664 [see Tables for classification] (including a reference in a regulation, order, or other law) shall be treated as referring to that provision as transferred or to the corresponding provision as so enacted by this subtitle [subtitle C (Secs. 1661-1665) of title XVI of div. A of Pub. L. 103-337]. "(b) Savings Provision for Regulations. - A regulation, rule, or order in effect under a provision of title 10, United States Code, replaced by a provision of that title enacted by sections 1661 through 1664 shall continue in effect under the corresponding provision so enacted until repealed, amended, or superseded. "(c) General Savings Provision. - An action taken, or a right that matured, under a provision of title 10, United States Code, replaced by a provision of that title enacted by sections 1661 through 1664 shall be treated as having been taken, or having matured, under the corresponding provision so enacted." -End- -CITE- 10 USC Subtitle A - General Military Law 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law -HEAD- Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS -MISC1- Chap. Sec. 1. Definitions 101 2. Department of Defense 111 3. General Powers and Functions 121 4. Office of the Secretary of Defense 131 5. Joint Chiefs of Staff 151 6. Combatant Commands 161 7. Boards, Councils, and Committees 171 8. Defense Agencies and Department of Defense Field Activities 191 9. Defense Budget Matters 221 11. Reserve Components 261 13. The Militia 311 15. Insurrection 331 17. Arming of American Vessels 351 18. Military Support for Civilian Law Enforcement Agencies 371 20. Humanitarian and Other Assistance 401 21. Department of Defense Intelligence Matters 421 22. National Geospatial-Intelligence Agency 441 23. Miscellaneous Studies and Reports 480 PART II - PERSONNEL 31. Enlistments 501 32. Officer Strength and Distribution in Grade 521 33. Original Appointments of Regular Officers in Grades Above Warrant Officer Grades 531 33A. Appointment, Promotion, and Involuntary Separation and Retirement for Members on the Warrant Officer Active-Duty List 571 34. Appointments as Reserve Officers 591 35. Temporary Appointments in Officer Grades 601 36. Promotion, Separation, and Involuntary Retirement of Officers on the Active-Duty List 611 37. General Service Requirements 651 38. Joint Officer Management 661 39. Active Duty 671 40. Leave 701 41. Special Appointments, Assignments, Details, and Duties 711 43. Rank and Command 741 45. The Uniform 771 47. Uniform Code of Military Justice 801 47A. Military Commissions 948a 48. Military Correctional Facilities 951 49. Miscellaneous Prohibitions and Penalties 971 50. Miscellaneous Command Responsibilities 991 51. Reserve Components: Standards and Procedures for Retention and Promotion 1001 53. Miscellaneous Rights and Benefits 1031 (!1) 54. Commissary and Exchange Benefits 1061 55. Medical and Dental Care 1071 56. Department of Defense Medicare-Eligible Retiree Health Care Fund 1111 57. Decorations and Awards 1121 58. Benefits and Services for Members Being Separated or Recently Separated 1141 59. Separation 1161 60. Separation of Regular Officers for Substandard Performance of Duty or for Certain Other Reasons 1181 61. Retirement or Separation for Physical Disability 1201 63. Retirement for Age 1251 65. Retirement of Warrant Officers for Length of Service 1293 67. Retired Pay for Non-Regular Service 1331 69. Retired Grade 1370 71. Computation of Retired Pay 1401 73. Annuities Based on Retired or Retainer Pay 1431 74. Department of Defense Military Retirement Fund 1461 75. Deceased Personnel 1471 76. Missing Persons 1501 77. Posthumous Commissions and Warrants 1521 79. Correction of Military Records 1551 80. Miscellaneous Investigation Requirements and Other Duties 1561 81. Civilian Employees 1581 (!2) 83. Civilian Defense Intelligence Employees 1601 [85. Repealed.] 87. Defense Acquisition Workforce 1701 88. Military Family Programs and Military Child Care 1781 [89. Repealed.] PART III - TRAINING AND EDUCATION 101. Training Generally 2001 102. Junior Reserve Officers' Training Corps 2031 103. Senior Reserve Officers' Training Corps 2101 104. Uniformed Services University of the Health Sciences 2112 105. Armed Forces Health Professions Financial Assistance Programs 2120 106. Educational Assistance for Members of the Selected Reserve 2131 106A. Educational Assistance for Persons Enlisting for Active Duty 2141 107. Professional Military Education 2151 108. Department of Defense Schools 2161 109. Educational Loan Repayment Programs 2171 110. Educational Assistance for Members Held as Captives and Their Dependents 2181 111. Support of Science, Mathematics, and Engineering Education 2191 112. Information Security Scholarship Program 2200 PART IV - SERVICE, SUPPLY, AND PROCUREMENT 131. Planning and Coordination 2201 133. Facilities for Reserve Components 2231 134. Miscellaneous Administrative Provisions 2241 135. Space Programs 2271 136. Provisions Relating to Specific Programs 2281 137. Procurement Generally 2301 138. Cooperative Agreements with NATO Allies and Other Countries 2341 139. Research and Development 2351 140. Procurement of Commercial Items 2375 141. Miscellaneous Procurement Provisions 2381 142. Procurement Technical Assistance Cooperative Agreement Program 2411 143. Production by Military Agencies 2421 144. Major Defense Acquisition Programs 2430 144A. Major Automated Information System Programs 2445a 145. Cataloging and Standardization 2451 146. Contracting for Performance of Civilian Commercial or Industrial Type Functions 2460 147. Commissaries and Exchanges and Other Morale, Welfare, and Recreation Activities 2481 148. National Defense Technology and Industrial Base, Defense Reinvestment, and Defense Conversion 2500 [149. Repealed.] [150. Repealed.] 152. Issue of Supplies, Services, and Facilities 2541 (!3) 153. Exchange of Material and Disposal of Obsolete, Surplus, or Unclaimed Property 2571 155. Acceptance of Gifts and Services 2601 157. Transportation 2631 159. Real Property; Related Personal Property; and Lease of Non-Excess Property 2661 160. Environmental Restoration 2700 161. Property Records and Report of Theft or Loss of Certain Property 2721 163. Military Claims 2731 165. Accountability and Responsibility 2771 [167. Repealed.] 169. Military Construction and Military Family Housing 2801 [171. Repealed.] 172. Strategic Environmental Research and Development Program 2901 173. Energy Security 2911 AMENDMENTS 2008 - Pub. L. 110-181, div. A, title X, Sec. 1068(a)(4)(B), Jan. 28, 2008, 122 Stat. 326, substituted "Insurrection" for "Enforcement of the Laws to Restore Public Order" in item for chapter 15. 2006 - Pub. L. 109-366, Sec. 3(a)(2), Oct. 17, 2006, 120 Stat. 2630, added item for chapter 47A. Pub. L. 109-364, div. A, title VIII, Sec. 816(a)(2), title X, Sec. 1076(a)(4)(A), div. B, title XXVIII, Sec. 2851(c)(1), Oct. 17, 2006, 120 Stat. 2326, 2405, 2495, substituted "Enforcement of the Laws to Restore Public Order" for "Insurrection" in item for chapter 15 and added items for chapters 144A and 173. 2004 - Pub. L. 108-375, div. A, title V, Sec. 532(e), title X, Sec. 1084(d)(1), Oct. 28, 2004, 118 Stat. 1900, 2061, substituted "480" for "481" in item for chapter 23, added item for chapter 107, and redesignated former item for chapter 107 as item for chapter 106A. 2003 - Pub. L. 108-136, div. A, title IX, Sec. 921(d)(8), title X, Sec. 1045(a)(1), Nov. 24, 2003, 117 Stat. 1569, 1612, substituted "Geospatial-Intelligence" for "Imagery and Mapping" in item for chapter 22 and "2700" for "2701" in item for chapter 160. 2001 - Pub. L. 107-107, div. A, title IX, Sec. 911(b), title X, Sec. 1048(a)(1), Dec. 28, 2001, 115 Stat. 1196, 1222, struck out period after "1111" in item for chapter 56 and added item for chapter 135. 2000 - Pub. L. 106-398, Sec. 1 [[div. A], title VII, Sec. 713(a)(2), title IX, Sec. 922(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-184, 1654A-236, added items for chapters 56 and 112. 1999 - Pub. L. 106-65, div. A, title V, Sec. 586(c)(1), title VII, Sec. 721(c)(2), Oct. 5, 1999, 113 Stat. 638, 694, added item for chapter 50 and substituted "Deceased Personnel" for "Death Benefits" and "1471" for "1475" in item for chapter 75. 1997 - Pub. L. 105-85, div. A, title III, Secs. 355(c)(2), 371(a)(2), (c)(5), title V, Sec. 591(a)(2), title X, Secs. 1073(a)(1), (2), 1074(d)(2), Nov. 18, 1997, 111 Stat. 1694, 1705, 1762, 1900, 1910, substituted "481" for "471" in item for chapter 23, added items for chapters 80 and 136, and substituted "2460" for "2461" in item for chapter 146, "Commissaries and Exchanges and Other Morale, Welfare, and Recreation Activities" for "Utilities and Services" in item for chapter 147, "2500" for "2491" in item for chapter 148, and "2541" for "2540" in item for chapter 152. 1996 - Pub. L. 104-201, div. A, title XI, Sec. 1123(a)(1), (2), title XVI, Sec. 1633(c)(3), Sept. 23, 1996, 110 Stat. 2687, 2688, 2751, substituted "National Imagery and Mapping Agency" for "Miscellaneous Studies and Reports" and "441" for "451" in item for chapter 22, added item for chapter 23, substituted "Civilian Defense Intelligence Employees" for "Defense Intelligence Agency and Central Imagery Office Civilian Personnel" in item for chapter 83, and struck out item for chapter 167 "Defense Mapping Agency". Pub. L. 104-106, div. A, title V, Secs. 568(a)(2), 569(b)(2), title X, Sec. 1061(a)(2), (b)(2), Feb. 10, 1996, 110 Stat. 335, 351, 442, added items for chapters 76 and 88 and struck out items for chapters 89 "Volunteers Investing in Peace and Security" and 171 "Security and Control of Supplies". 1994 - Pub. L. 103-359, title V, Sec. 501(b)(2), Oct. 14, 1994, 108 Stat. 3429, substituted "Defense Intelligence Agency and Central Imagery Office Civilian Personnel" for "Defense Intelligence Agency Civilian Personnel" in item for chapter 83. Pub. L. 103-355, title VIII, Sec. 8101(b), Oct. 13, 1994, 108 Stat. 3389, added item for chapter 140. Pub. L. 103-337, div. A, title V, Sec. 554(a)(2), Oct. 5, 1994, 108 Stat. 2773, added item for chapter 22. 1993 - Pub. L. 103-160, div. A, title VIII, Sec. 828(b)(1), Nov. 30, 1993, 107 Stat. 1713, struck out item for chapter 135 "Encouragement of Aviation". 1992 - Pub. L. 102-484, div. A, title XIII, Sec. 1322(a)(2), div. D, title XLII, Sec. 4271(b)(1), Oct. 23, 1992, 106 Stat. 2553, 2695, added items for chapters 89 and 148 and struck out former items for chapters 148 "Defense Industrial Base", 149 "Manufacturing Technology", and 150 "Development of Dual-Use Critical Technologies". 1991 - Pub. L. 102-190, div. A, title X, Sec. 1061(a)(26)(C)(ii), Dec. 5, 1991, 105 Stat. 1474, effective Oct. 1, 1993, struck out item for chapter 85 "Procurement Management Personnel". Pub. L. 102-190, div. A, title VIII, Sec. 821(f), title X, Secs. 1002(a)(2), 1061(a)(27)(A), title XI, Sec. 1112(b)(2), Dec. 5, 1991, 105 Stat. 1432, 1455, 1474, 1501, substituted "Defense Budget Matters" for "Regular Components" and inserted "221" in item for chapter 9, substituted "Original Appointments of Regular Officers in Grades Above Warrant Officer Grades" for "Appointments in Regular Components" in item for chapter 33, added item for chapter 33A, substituted "Manufacturing" for "Maufacturing" in item for chapter 149, added items for chapters 150 and 152, struck out item for former chapter 150 "Issue to Armed Forces" and struck out item for former chapter 151 "Issue of Serviceable Material Other Than to Armed Forces". Pub. L. 102-25, title VII, Sec. 701(e)(1), (2), Apr. 6, 1991, 105 Stat. 114, added item for chapter 85 and in item for chapter 108 inserted "2161". 1990 - Pub. L. 101-510, div. A, title II, Sec. 247(a)(2)(B), title V, Sec. 502(a)(2), title VIII, Sec. 823(b)(1), title IX, Sec. 911(b)(3), title XII, Sec. 1202(b), title XVIII, Sec. 1801(a)(2), Nov. 5, 1990, 104 Stat. 1523, 1557, 1602, 1626, 1656, 1757, added item for chapter 58, struck out item for chapter 85 "Procurement Management Personnel", added item for chapter 87, substituted "Department of Defense Schools" for "Granting of Advanced Degrees at Department of Defense Schools" in item for chapter 108, substituted "Support of Science, Mathematics, and Engineering Education" for "National Defense Science and Engineering Graduate Fellowships" in item for chapter 111, added item for chapter 149 and redesignated former item for chapter 149 as item for chapter 150, and added item for chapter 172. 1989 - Pub. L. 101-189, div. A, title VIII, Sec. 843(d)(2), title IX, Sec. 931(e)(2), title XVI, Sec. 1622(d)(2), Nov. 29, 1989, 103 Stat. 1517, 1535, 1605, substituted "Training and Education" for "Training" in item for part III, added item for chapter 111, and substituted "Cooperative Agreements" for "Acquisition and Cross- Servicing Agreements" in item for chapter 138. 1988 - Pub. L. 100-456, div. A, title III, Secs. 342(a)(2), 344(b)(2), title VIII, Sec. 821(b)(2), title XI, Sec. 1104(b), Sept. 29, 1988, 102 Stat. 1961, 1962, 2016, 2046, substituted "Support for" for "Cooperation With" and "Agencies" for "Officials" in item for chapter 18, substituted "Defense Industrial Base" for "Buy American Requirements" in item for chapter 148, substituted "Property Records and Report of Theft or Loss of Certain Property" for "Property Records" in item for chapter 161, and added item for chapter 171. Pub. L. 100-370, Secs. 1(c)(3), (e)(2), 2(a)(2), 3(a)(2), July 19, 1988, 102 Stat. 841, 845, 854, 855, added items for chapters 54, 134, 146, and 148. 1987 - Pub. L. 100-180, div. A, title III, Sec. 332(c), title VII, Sec. 711(b), Dec. 4, 1987, 101 Stat. 1080, 1111, substituted "Humanitarian and Other Assistance" for "Humanitarian and Civic Assistance Provided in Conjunction With Military Operations" in item for chapter 20 and "Financial Assistance Programs" for "Scholarship Program" in item for chapter 105. Pub. L. 100-26, Secs. 7(c)(1), 9(b)(4), Apr. 21, 1987, 101 Stat. 280, 287, added item for chapter 21, substituted "Acquisition and Cross-Servicing Agreements with NATO Allies and Other Countries" for "North Atlantic Treaty Organization Acquisition and Cross- Servicing Agreements" in item for chapter 138, substituted "Major Defense Acquisition Programs" for "Oversight of Cost Growth in Major Programs" and "2430" for "2431" in item for chapter 144, and substituted "2721" for "2701" in item for chapter 161. 1986 - Pub. L. 99-661, div. A, title III, Sec. 333(a)(2), title XIII, Sec. 1343(a)(22), Nov. 14, 1986, 100 Stat. 3859, 3994, added item for chapter 20 and substituted "2341" for "2321" in item for chapter 138. Pub. L. 99-499, title II, Sec. 211(a)(2), Oct. 17, 1986, 100 Stat. 1725, added item for chapter 160. Pub. L. 99-433, title IV, Sec. 401(b), title VI, Sec. 605, Oct. 1, 1986, 100 Stat. 1030, 1075a, added items for chapters 2, 6, 38, and 144, inserted "and Functions" in item for chapter 3, substituted "Office of the Secretary of Defense" for "Department of Defense" in item for chapter 4, substituted "151" for "141" as the section number in the item for chapter 5, reenacted item for chapter 7 without change, and inserted "and Department of Defense Field Activities" in item for chapter 8. Pub. L. 99-399, title VIII, Sec. 806(d)(2), Aug. 27, 1986, 100 Stat. 888, added item for chapter 110. 1985 - Pub. L. 99-145, title VI, Sec. 671(a)(2), title IX, Sec. 924(a)(2), Nov. 8, 1985, 99 Stat. 663, 698, added items for chapters 85 and 109. 1984 - Pub. L. 98-525, title VII, Sec. 705(a)(2), title XII, Sec. 1241(a)(2), Oct. 19, 1984, 98 Stat. 2567, 2606, substituted "Members of the Selected Reserve" for "Enlisted Members of the Selected Reserve of the Ready Reserve" in item for chapter 106 and added item for chapter 142. 1983 - Pub. L. 98-94, title IX, Sec. 925(a)(2), title XII, Sec. 1268(15), Sept. 24, 1983, 97 Stat. 648, 707, added item for chapter 74, and substituted "or" for "and" in item for chapter 60. 1982 - Pub. L. 97-295, Sec. 1(50)(D), Oct. 12, 1982, 96 Stat. 1300, added item for chapter 167. Pub. L. 97-269, title V, Sec. 501(b), Sept. 27, 1982, 96 Stat. 1145, added item for chapter 8. Pub. L. 97-214, Sec. 2(b), July 12, 1982, 96 Stat. 169, added item for chapter 169. 1981 - Pub. L. 97-89, title VII, Sec. 701(a)(2), Dec. 4, 1981, 95 Stat. 1160, added item for chapter 83. Pub. L. 97-86, title IX, Sec. 905(a)(2), Dec. 1, 1981, 95 Stat. 1116, added item for chapter 18. 1980 - Pub. L. 96-513, title V, Secs. 501(1), 511(29), (54)(B), (99), Dec. 12, 1980, 94 Stat. 2907, 2922, 2925, 2929, added item for chapter 32, substituted "531" for "541" as section number in item for chapter 33, substituted "34" for "35" as chapter number of chapter relating to appointments as reserve officers, added items for chapters 35 and 36, substituted "Reserve Components: Standards and Procedures for Retention and Promotion" for "Retention of Reserves" in item for chapter 51, added item for chapter 60, substituted "1251" for "1255" as section number in item for chapter 63, substituted "Retirement of Warrant Officers" for "Retirement" in item for chapter 65, substituted "1370" for "1371" as section number in item for chapter 69, amended item for chapter 73 to read: "Annuities Based on Retired or Retainer Pay", and capitalized "Assistance", "Persons", "Enlisting", "Active", and "Duty" in item for chapter 107. Pub. L. 96-450, title IV, Sec. 406(b), Oct. 14, 1980, 94 Stat. 1981, added item for chapter 108. Pub. L. 96-342, title IX, Sec. 901(b), Sept. 8, 1980, 94 Stat. 1114, added item for chapter 107. Pub. L. 96-323, Sec. 2(b), Aug. 4, 1980, 94 Stat. 1019, added item for chapter 138. 1977 - Pub. L. 95-79, title IV, Sec. 402(b), July 30, 1977, 91 Stat. 330, added item for chapter 106. 1972 - Pub. L. 92-426, Sec. 2(b), Sept. 21, 1972, 86 Stat. 719, added items for chapters 104 and 105. Pub. L. 92-425, Sec. 2, Sept. 21, 1972, 86 Stat. 711, amended item for chapter 73 by inserting "; Survivor Benefit Plan" after "Pay" which could not be executed as directed in view of amendment by Pub. L. 87-381. See 1961 Amendment note below. 1968 - Pub. L. 90-377, Sec. 2, July 5, 1968, 82 Stat. 288, added item for chapter 48. 1967 - Pub. L. 90-83, Sec. 3(2), Sept. 11, 1967, 81 Stat. 220, struck out item for chapter 80 "Exemplary Rehabilitation Certificates". 1966 - Pub. L. 89-690, Sec. 2, Oct. 15, 1966, 80 Stat. 1017, added item for chapter 80. 1964 - Pub. L. 88-647, title I, Sec. 101(2), title II, Sec. 201(2), Oct. 13, 1964, 78 Stat. 1064, 1069, added items for chapters 102 and 103. 1962 - Pub. L. 87-651, title II, Sec. 203, Sept. 7, 1962, 76 Stat. 519, added item for chapter 4. Pub. L. 87-649, Sec. 3(2), Sept. 7, 1962, 76 Stat. 493, added item for chapter 40. 1961 - Pub. L. 87-381, Sec. 1(2), Oct. 4, 1961, 75 Stat. 810, substituted "Retired Serviceman's Family Protection Plan" for "Annuities Based on Retired or Retainer Pay" in item for chapter 73. 1958 - Pub. L. 85-861, Secs. 1(21), (26), (33), 33(a)(4)(B), Sept. 2, 1958, 72 Stat. 1443, 1450, 1455, 1564, substituted "General Service Requirements" for "Service Requirements for Reserves" in item for chapter 37, "971" for "[No present sections]" in item for chapter 49, "Medical and Dental Care" for "Voting by Members of Armed Forces" in item for chapter 55, and struck out "Care of the Dead" and substituted "1475" for "1481" in item for chapter 75. -FOOTNOTE- (!1) Chapter 53 amended by Pub. L. 110-181 by adding section 1030 without corresponding amendment of subtitle analysis. (!2) Chapter 81 amended by Pub. L. 106-65 by adding section 1580 without corresponding amendment of subtitle analysis. (!3) Chapter 152 amended by Pub. L. 106-398 by renumbering section 2541 et seq. as 2551 et seq. without corresponding amendment of subtitle analysis. -End- -CITE- 10 USC PART I - ORGANIZATION AND GENERAL MILITARY POWERS 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS -HEAD- PART I - ORGANIZATION AND GENERAL MILITARY POWERS -MISC1- Chap. Sec. 1. Definitions 101 2. Department of Defense 111 3. General Powers and Functions 121 4. Office of the Secretary of Defense 131 5. Joint Chiefs of Staff 151 6. Combatant Commands 161 7. Boards, Councils, and Committees 171 8. Defense Agencies and Department of Defense Field Activities 191 9. Defense Budget Matters 221 11. Reserve Components 261 13. The Militia 311 15. Insurrection 331 17. Arming of American Vessels 351 18. Military Support for Civilian Law Enforcement Agencies 371 20. Humanitarian and Other Assistance 401 21. Department of Defense Intelligence Matters 421 22. National Geospatial - Intelligence Agency 441 23. Miscellaneous Studies and Reports 480 AMENDMENTS 2008 - Pub. L. 110-181, div. A, title X, Sec. 1068(a)(4)(B), Jan. 28, 2008, 122 Stat. 326, substituted "Insurrection" for "Enforcement of the Laws to Restore Public Order" in item for chapter 15. 2006 - Pub. L. 109-364, div. A, title X, Sec. 1076(a)(4)(A), Oct. 17, 2006, 120 Stat. 2405, substituted "Enforcement of the Laws to Restore Public Order" for "Insurrection" in item for chapter 15. 2004 - Pub. L. 108-375, div. A, title X, Sec. 1084(d)(1), Oct. 28, 2004, 118 Stat. 2061, substituted "480" for "481" in item for chapter 23. 2003 - Pub. L. 108-136, div. A, title IX, Sec. 921(d)(8), Nov. 24, 2003, 117 Stat. 1569, substituted "Geospatial-Intelligence" for "Imagery and Mapping" in item for chapter 22. 1997 - Pub. L. 105-85, div. A, title X, Sec. 1073(a)(1), Nov. 18, 1997, 111 Stat. 1900, substituted "481" for "471" in item for chapter 23. 1996 - Pub. L. 104-201, div. A, title XI, Sec. 1123(a)(2), Sept. 23, 1996, 110 Stat. 2688, substituted "National Imagery and Mapping Agency" for "Miscellaneous Studies and Reports" and "441" for "451" in item for chapter 22 and added item for chapter 23. 1994 - Pub. L. 103-337, div. A, title V, Sec. 554(a)(2), Oct. 5, 1994, 108 Stat. 2773, added item for chapter 22. 1991 - Pub. L. 102-190, div. A, title X, Sec. 1002(a)(2), Dec. 5, 1991, 105 Stat. 1455, substituted "Defense Budget Matters" for "Regular Components" and inserted "221" in item for chapter 9. 1988 - Pub. L. 100-456, div. A, title XI, Sec. 1104(b), Sept. 29, 1988, 102 Stat. 2046, substituted "Support for" for "Cooperation With" and "Agencies" for "Officials" in item for chapter 18. 1987 - Pub. L. 100-180, div. A, title III, Sec. 332(c), Dec. 4, 1987, 101 Stat. 1080, substituted "Humanitarian and Other Assistance" for "Humanitarian and Civic Assistance Provided in Conjunction With Military Operations" in item for chapter 20. Pub. L. 100-26, Sec. 9(b)(4), Apr. 21, 1987, 101 Stat. 287, added item for chapter 21. 1986 - Pub. L. 99-661, div. A, title III, Sec. 333(a)(2), Nov. 14, 1986, 100 Stat. 3859, added item for chapter 20. Pub. L. 99-433, title VI, Sec. 605(a), Oct. 1, 1986, 100 Stat. 1075a, added items for chapters 2 and 6, inserted "and Functions" in item for chapter 3, substituted "Office of the Secretary of Defense" for "Department of Defense" in item for chapter 4, substituted "151" for "141" as section number in item for chapter 5, reenacted item for chapter 7 without change, and inserted "and Department of Defense Field activities" in item for chapter 8. 1982 - Pub. L. 97-269, title V, Sec. 501(b), Sept. 27, 1982, 96 Stat. 1145, added item for chapter 8. 1981 - Pub. L. 97-86, title IX, Sec. 905(a)(2), Dec. 1, 1981, 95 Stat. 1116, added item for chapter 18. 1962 - Pub. L. 87-651, title II, Sec. 203, Sept. 7, 1962, 76 Stat. 519, added item for chapter 4. -End- -CITE- 10 USC CHAPTER 1 - DEFINITIONS 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 1 - DEFINITIONS -HEAD- CHAPTER 1 - DEFINITIONS -MISC1- Sec. 101. Definitions. -End- -CITE- 10 USC Sec. 101 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 1 - DEFINITIONS -HEAD- Sec. 101. Definitions -STATUTE- (a) In General. - The following definitions apply in this title: (1) The term "United States", in a geographic sense, means the States and the District of Columbia. [(2) Repealed. Pub. L. 109-163, div. A, title X, Sec. 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term "possessions" includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term "armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (5) The term "uniformed services" means - (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term "department", when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term "executive part of the department" means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term "Secretary concerned" means - (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force; and (D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy. (10) The term "service acquisition executive" means the civilian official within a military department who is designated as the service acquisition executive for purposes of regulations and procedures providing for a service acquisition executive for that military department. (11) The term "Defense Agency" means an organizational entity of the Department of Defense - (A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or (B) that is designated by the Secretary of Defense as a Defense Agency. (12) The term "Department of Defense Field Activity" means an organizational entity of the Department of Defense - (A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department; and (B) that is designated by the Secretary of Defense as a Department of Defense Field Activity. (13) The term "contingency operation" means a military operation that - (A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or (B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of this title, chapter 15 of this title, or any other provision of law during a war or during a national emergency declared by the President or Congress. (14) The term "supplies" includes material, equipment, and stores of all kinds. (15) The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances. (16) The term "congressional defense committees" means - (A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (17) The term "base closure law" means the following: (A) Section 2687 of this title. (B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (C) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (b) Personnel Generally. - The following definitions relating to military personnel apply in this title: (1) The term "officer" means a commissioned or warrant officer. (2) The term "commissioned officer" includes a commissioned warrant officer. (3) The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade. (4) The term "general officer" means an officer of the Army, Air Force, or Marine Corps serving in or having the grade of general, lieutenant general, major general, or brigadier general. (5) The term "flag officer" means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half). (6) The term "enlisted member" means a person in an enlisted grade. (7) The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. (8) The term "rank" means the order of precedence among members of the armed forces. (9) The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice). (10) The term "original", with respect to the appointment of a member of the armed forces in a regular or reserve component, refers to that member's most recent appointment in that component that is neither a promotion nor a demotion. (11) The term "authorized strength" means the largest number of members authorized to be in an armed force, a component, a branch, a grade, or any other category of the armed forces. (12) The term "regular", with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office in a regular component of an armed force. (13) The term "active-duty list" means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty. (14) The term "medical officer" means an officer of the Medical Corps of the Army, an officer of the Medical Corps of the Navy, or an officer in the Air Force designated as a medical officer. (15) The term "dental officer" means an officer of the Dental Corps of the Army, an officer of the Dental Corps of the Navy, or an officer of the Air Force designated as a dental officer. (16) The term "Active Guard and Reserve" means a member of a reserve component who is on active duty pursuant to section 12301(d) of this title or, if a member of the Army National Guard or Air National Guard, is on full-time National Guard duty pursuant to section 502(f) of title 32, and who is performing Active Guard and Reserve duty. (c) Reserve Components. - The following definitions relating to the reserve components apply in this title: (1) The term "National Guard" means the Army National Guard and the Air National Guard. (2) The term "Army National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that - (A) is a land force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (3) The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard. (4) The term "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that - (A) is an air force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (5) The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard. (6) The term "reserve", with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office held as a Reserve of one of the armed forces. (7) The term "reserve active-status list" means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 14002 of this title) that contains the names of all officers of that armed force except warrant officers (including commissioned warrant officers) who are in an active status in a reserve component of the Army, Navy, Air Force, or Marine Corps and are not on an active-duty list. (d) Duty Status. - The following definitions relating to duty status apply in this title: (1) The term "active duty" means full-time duty in the active military service of the United States. Such term includes full- time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty. (2) The term "active duty for a period of more than 30 days" means active duty under a call or order that does not specify a period of 30 days or less. (3) The term "active service" means service on active duty or full-time National Guard duty. (4) The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve. (5) The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States. (6)(A) The term "active Guard and Reserve duty" means active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard duty performed by a member of the National Guard pursuant to an order to full-time National Guard duty, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing, or training the reserve components. (B) Such term does not include the following: (i) Duty performed as a member of the Reserve Forces Policy Board provided for under section 10301 of this title. (ii) Duty performed as a property and fiscal officer under section 708 of title 32. (iii) Duty performed for the purpose of interdiction and counter-drug activities for which funds have been provided under section 112 of title 32. (iv) Duty performed as a general or flag officer. (v) Service as a State director of the Selective Service System under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. App. 460(b)(2)). (7) The term "inactive-duty training" means - (A) duty prescribed for Reserves by the Secretary concerned under section 206 of title 37 or any other provision of law; and (B) special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned. Such term includes those duties when performed by Reserves in their status as members of the National Guard. (e) Facilities and Operations. - The following definitions relating to facilities and operations apply in this title: (1) Range. - The term "range", when used in a geographic sense, means a designated land or water area that is set aside, managed, and used for range activities of the Department of Defense. Such term includes the following: (A) Firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, electronic scoring sites, buffer zones with restricted access, and exclusionary areas. (B) Airspace areas designated for military use in accordance with regulations and procedures prescribed by the Administrator of the Federal Aviation Administration. (2) Range activities. - The term "range activities" means - (A) research, development, testing, and evaluation of military munitions, other ordnance, and weapons systems; and (B) the training of members of the armed forces in the use and handling of military munitions, other ordnance, and weapons systems. (3) Operational range. - The term "operational range" means a range that is under the jurisdiction, custody, or control of the Secretary of a military department and - (A) that is used for range activities, or (B) although not currently being used for range activities, that is still considered by the Secretary to be a range and has not been put to a new use that is incompatible with range activities. (4) Military munitions. - (A) The term "military munitions" means all ammunition products and components produced for or used by the armed forces for national defense and security, including ammunition products or components under the control of the Department of Defense, the Coast Guard, the Department of Energy, and the National Guard. (B) Such term includes the following: (i) Confined gaseous, liquid, and solid propellants. (ii) Explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries, including bulk explosives and chemical warfare agents. (iii) Chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, and demolition charges. (iv) Devices and components of any item specified in clauses (i) through (iii). (C) Such term does not include the following: (i) Wholly inert items. (ii) Improvised explosive devices. (iii) Nuclear weapons, nuclear devices, and nuclear components, other than nonnuclear components of nuclear devices that are managed under the nuclear weapons program of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been completed. (5) Unexploded ordnance. - The term "unexploded ordnance" means military munitions that - (A) have been primed, fused, armed, or otherwise prepared for action; (B) have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel, or material; and (C) remain unexploded, whether by malfunction, design, or any other cause. (f) Rules of Construction. - In this title - (1) "shall" is used in an imperative sense; (2) "may" is used in a permissive sense; (3) "no person may * * *" means that no person is required, authorized, or permitted to do the act prescribed; (4) "includes" means "includes but is not limited to"; and (5) "spouse" means husband or wife, as the case may be. (g) Reference to Title 1 Definitions. - For other definitions applicable to this title, see sections 1 through 5 of title 1. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 3; Pub. L. 85-861, Secs. 1(1), 33(a)(1), Sept. 2, 1958, 72 Stat. 1437, 1564; Pub. L. 86-70, Sec. 6(a), June 25, 1959, 73 Stat. 142; Pub. L. 86-624, Sec. 4(a), July 12, 1960, 74 Stat. 411; Pub. L. 87-649, Sec. 6(f)(1), Sept. 7, 1962, 76 Stat. 494; Pub. L. 90-235, Sec. 7(a)(1), Jan. 2, 1968, 81 Stat. 762; Pub. L. 90-623, Sec. 2(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92-492, Sec. 1, Oct. 13, 1972, 86 Stat. 810; Pub. L. 96- 513, title I, Secs. 101, 115(a), title V, Sec. 501(2), Dec. 12, 1980, 94 Stat. 2839, 2877, 2907; Pub. L. 97-22, Sec. 2(a), July 10, 1981, 95 Stat. 124; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98-525, title IV, Sec. 414(a)(1), Oct. 19, 1984, 98 Stat. 2518; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99-348, title III, Sec. 303, July 1, 1986, 100 Stat. 703; Pub. L. 99-433, title III, Sec. 302, Oct. 1, 1986, 100 Stat. 1022; Pub. L. 100-26, Sec. 7(i), (k)(1), Apr. 21, 1987, 101 Stat. 282, 283; Pub. L. 100-180, div. A, title XII, Secs. 1231(1), (20), 1233(a)(2), Dec. 4, 1987, 101 Stat. 1160, 1161; Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101-510, div. A, title XII, Sec. 1204, Nov. 5, 1990, 104 Stat. 1658; Pub. L. 102-190, div. A, title VI, Sec. 631(a), Dec. 5, 1991, 105 Stat. 1380; Pub. L. 102- 484, div. A, title X, Sec. 1051(a), Oct. 23, 1992, 106 Stat. 2494; Pub. L. 103-337, div. A, title V, Sec. 514, title XVI, Secs. 1621, 1671(c)(1), Oct. 5, 1994, 108 Stat. 2753, 2960, 3014; Pub. L. 104- 106, div. A, title XV, Sec. 1501(c)(1), Feb. 10, 1996, 110 Stat. 498; Pub. L. 104-201, div. A, title V, Sec. 522, Sept. 23, 1996, 110 Stat. 2517; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108-136, div. A, title X, Secs. 1042(a), 1043(a), 1045(a)(2), Nov. 24, 2003, 117 Stat. 1608, 1610, 1612; Pub. L. 108-375, div. A, title X, Sec. 1084(a), Oct. 28, 2004, 118 Stat. 2060; Pub. L. 109-163, div. A, title X, Secs. 1056(c)(1), 1057(a)(1), (2), Jan. 6, 2006, 119 Stat. 3439, 3440; Pub. L. 109-364, div. A, title V, Sec. 524, Oct. 17, 2006, 120 Stat. 2193.) -MISC1- HISTORICAL AND REVISION NOTES 1956 ACT -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 101(1) 50:351 (clause (b)). Sept. 16, 1942, ch. 561, Sec. 401 (clause (b)); added Apr. 1, 1944, ch. 150, Sec. 401 (clause (b)); restated Apr. 19, 1946, ch. 142, Sec. 401 (clause (b)), 60 Stat. 102. 101(2) 101(3) 101(4) 101(5) 101(6) 101(7) 32:4c (1st 33 words). [No source]. 50:901(e). 5:181-1(c) (for definition purposes); 5:411a(a) (for definition purposes); 5:626(c) (for definition purposes). [No source]. 5:171(b) (last 23 words of clause (1), for definition purposes). July 9, 1952, ch. 608, Sec. 101(d) (less 2d sentence), (e), (g), Sec. 702 (for definition purposes), 66 Stat. 481, 482, 501. 101(8) 10:600(a); 34:135(a). July 26, 1947, ch. 343, Secs. 205(c) (for definition purposes), 206(a) (for definition purposes), 207(c) (for definition purposes), 61 Stat. 501, 502. 101(9) 101(10) 101(11) [No source]. 32:2 (for definition purposes); 32:4b (for definition purposes). 50:1112(a) (for definition purposes). 101(12) 10:1835 (less last 16 July 26, 1947, ch. 343, words, for definition Sec. 201(b) (last 31 purposes); 32:2 (for words of clause (1), for definition purposes); definition purposes); 32:4b (for definition restated Aug. 10, 1949, purposes). ch. 412, Sec. 4 (last 31 words of clause (1) of 201(b), for definition purposes), 63 Stat. 579. 101(13) 101(14) 50:1112(b) (for definition purposes). 5:181-3(b) (less last sentence); 10:1a(b) (less last sentence); 10:1801(b) (less last sentence); 37:231(c) (1st sentence, for definition purposes); 50:901(g). June 3, 1916, ch. 134, Sec. 62 (1st 36 words of last proviso), 39 Stat. 198. June 3, 1916, ch. 134, Sec. 117 (for definition purposes), 39 Stat. 212. 101(15) [No source]. 101(16) 10:600(b); 34:135(b). June 3, 1916, ch. 134, Sec. 71 (for definition purposes); added June 15, 1933, ch. 87, Sec. 9 (for definition purposes), 48 Stat. 157; Oct. 12, 1949, ch. 681, Sec. 530 (for definition purposes), 63 Stat. 837; July 9, 1952, ch. 608, Sec. 803 (9th par., for definition purposes), 66 Stat. 505. 101(17) 101(18) 101(19) 101(20) 101(21) 101(22) 5:181-3(b) (last sentence); 10:1a(b) (last sentence); 10:1801(b) (last sentence); 50:551(9). [No source]. [No source]. [No source]. [No source]. 10:1036e(d) (for definition purposes); 34: 440m(d) (for definition purposes). 101(23) [No source]. Sept. 19, 1951, ch. 407, Secs. 2(b), 305 (less last 16 words, for definition purposes), 65 Stat. 326, 330. 101(24) 101(26) 101(27) 101(28) [No source]. [No source]. [No source]. [No source]. 101(29) [No source]. June 28, 1950, ch. 383, Sec. 2(b), 64 Stat. 263; July 9, 1952, ch. 608, Sec. 807(a), 66 Stat. 508. 101(30) 101(31) [No source]. 50:901(d) (less 2d sentence). 101(32) [No source]. Oct. 12, 1949, ch. 681, Sec. 102(c) (1st sentence, for definition purposes), 63 Stat. 804. 101(33) 101(34) [No source]. [No source]. May 5, 1950, ch. 169, Sec. 1 (Art. 1 (clause (9))), 64 Stat. 108. May 29, 1954, ch. 249, Sec. 2(a), (b), 68 Stat. 157. June 29, 1948, ch. 708, Sec. 306(d) (for definition purposes), 62 Stat. 1089. -------------------------------------------------------------------- The definitions in clauses (3), (15), (18)-(21), (23)-(30), and (31)-(33) reflect the adoption of terminology which, though undefined in the source statutes restated in this title, represents the closest practicable approximation of the ways in which the terms defined have been most commonly used. A choice has been made where established uses conflict. In clause (2), the definition of "Territory" in 32:4c is executed throughout this revised title by specific reference, where applicable, to the Territories, Puerto Rico and the Canal Zone. In clause (4), the definition of "armed forces" is based on the source statute instead of 50:551(2), which does not include an express reference to the Marine Corps. The words "including all components thereof" are omitted as surplusage. In clause (5), the term "Department" is defined to give it the broad sense of "Establishment", to conform to the source statute and the usage preferred by the Department of Defense, instead of the more limited sense defined by 5:421g(a) and 423a(a), and 10:1a(d) and 1801(d). In clause (6), the term "executive part of the department" is created for convenience in referring to what is described in the source statutes for this title as "department" in the limited sense of the executive part at the seat of government. This is required by the adoption of the word "department" in clause (5) to cover the broader concept of "establishment". In clause (8), the term "Secretary concerned" is created and defined for legislative convenience. In clause (9), a definition of "National Guard" is inserted for clarity. In clause (10)(A), the words "a land force" are substituted for 32:2 (as applicable to Army National Guard). The National Defense Act of 1916, Sec. 117 (last 66 words), 39 Stat. 212, is not contained in 32:2. It is also omitted from the revised section as repealed by the Act of February 28, 1925, ch. 374, Sec. 3, 43 Stat. 1081. In clauses (10) and (11), the word "Army" is inserted to distinguish the organizations defined from their Air Force counterparts. In clauses (10) and (12), the words "unless the context or subject matter otherwise requires" and "as provided in this title", in 32:4b, are omitted as surplusage. In clauses (10)(B) and (12)(B), the words "has its officers appointed" are substituted for the word "officered", in 32:4b. In clauses (11) and (13), only that much of the description of the composition of the Army National Guard of the United States and the Air National Guard of the United States is used as is necessary to distinguish these reserve components, respectively, from the other reserve components. In clause (12)(A), the words "an air force" are substituted for the words "for which Federal responsibility has been vested in the Secretary of the Air Force or the Department of the Air Force pursuant to law", in 10:1835, and for 32:2 (as applicable to Air National Guard), to make the definition of "Air National Guard" parallel with the definition of "Army National Guard", and to make explicit the intent of Congress, in creating the Air National Guard, that the organized militia henceforth should consist of three mutually exhaustive classes comprising the Army, Air, and Naval militia. In clause (14), the definition of "officer" is based on the source statutes instead of 50:551(5), which excludes warrant officers. The reference to appointment in 10:1a(b) (2d sentence and 10:1801(b) (2d sentence), and the words "commissioned warrant officer", "flight officer", and "either permanent or temporary", in 37:231(c) (1st sentence), are omitted as surplusage. 5:181-3(b) (1st sentence), 10:1a(b) (1st sentence), and 10:1801(b) (1st sentence) are omitted as covered by the definitions in clauses (14) and (16) of the revised section and by section 3062(c) and section 8062(d) of this title. In clause (16), the words "unless otherwise qualified", "permanent or temporary", and "in the Army, Navy, Air Force, Marine Corps, or Coast Guard, including any component thereof" are omitted as surplusage. The word "person" is substituted for the word "officer". In clause (22), the definition of "active duty" is based on the definition of "active Federal service" in the source statute, since it is believed to be closer to general usage than the definition in 50:901(b), which excludes active duty for training from the general concept of active duty. 1958 ACT -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 101(25) 50:1181(6). Sept. 3, 1954, ch. 1257, Sec. 102(6), 68 Stat. 1150. -------------------------------------------------------------------- The words ", other than a commissioned warrant officer," are inserted to reflect 50:1181(1). [Clause (35).] The word "original" is defined to make clear that when used in relation to an appointment it refers to the member's first appointment in his current series of appointments and excludes any appointment made before a lapse in service. -REFTEXT- REFERENCES IN TEXT Section 125(d) of this title, referred to in subsec. (a)(12)(A), was repealed by Pub. L. 99-433, title III, Sec. 301(b)(1), Oct. 1, 1986, 100 Stat. 1022. The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (a)(17)(B), is part A of title XXIX of div. B of Pub. L. 101-510, Nov. 5, 1990, 104 Stat. 1808, as amended, which is set out as a note under section 2687 of this title. For complete classification of this Act to the Code, see Tables. The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (a)(17)(C), is Pub. L. 100- 526, Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of the Act is set out as a note under section 2687 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 2687 of this title and Tables. The Atomic Energy Act of 1954, referred to in subsec. (e)(4)(C)(iii), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. -COD- CODIFICATION Pub. L. 107-296, Sec. 1704(b)(1), which directed amendment of section 101(9) of this title by substituting of "of Homeland Security" for "of Transportation" wherever appearing, could not be executed because there is no section 101(9). -MISC2- AMENDMENTS 2006 - Subsec. (a)(2). Pub. L. 109-163, Sec. 1057(a)(1), struck out par. (2) which read as follows: "The term 'Territory' (except as provided in section 101(1) of title 32 for laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States) means any Territory organized after August 10, 1956, so long as it remains a Territory." Subsec. (a)(3). Pub. L. 109-163, Sec. 1057(a)(2), struck out "Territory or" before "Commonwealth". Subsec. (b)(16). Pub. L. 109-364, Sec. 524(1), added par. (16). Subsec. (d)(6)(A). Pub. L. 109-364, Sec. 524(2), struck out "or full-time National Guard duty" after "means active duty" and substituted "pursuant to an order to full-time National Guard duty," for ", pursuant to an order to active duty or full-time National Guard duty". Subsec. (e)(4)(B)(ii). Pub. L. 109-163, Sec. 1056(c)(1), struck out comma after "bulk explosives". 2004 - Subsec. (e)(3). Pub. L. 108-375 substituted "Secretary of a military department" for "Secretary of Defense" in introductory provisions. 2003 - Subsec. (a)(9)(D). Pub. L. 108-136, Sec. 1045(a)(2), substituted "Homeland Security" for "Transportation". Subsec. (a)(16), (17). Pub. L. 108-136, Sec. 1043(a), added pars. (16) and (17). Subsecs. (e) to (g). Pub. L. 108-136, Sec. 1042(a), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 1996 - Subsec. (d)(4). Pub. L. 104-201 substituted "a member of a reserve component" for "a reserve commissioned officer, other than a commissioned warrant officer,". Subsec. (d)(6)(B)(i). Pub. L. 104-160 substituted "section 10301" for "section 175". 1994 - Subsec. (a)(13)(B). Pub. L. 103-337, Sec. 1671(c)(1), substituted "688, 12301(a), 12302, 12304, 12305, or 12406" for "672(a), 673, 673b, 673c, 688, 3500, or 8500". Subsec. (c)(7). Pub. L. 103-337, Sec. 1621, added par. (7). Subsec. (d)(6), (7). Pub. L. 103-337, Sec. 514, added par. (6) and redesignated former par. (6) as (7). 1992 - Pub. L. 102-484 amended section generally, substituting subsecs. (a) to (f) for former pars. (1) to (47) which defined terms for purposes of this title. 1991 - Par. (47). Pub. L. 102-190 added par. (47). 1990 - Par. (46). Pub. L. 101-510 added par. (46). 1988 - Pars. (3), (10), (12). Pub. L. 100-456 struck out "the Canal Zone," after "the Virgin Islands," in par. (3) and after "Puerto Rico," in pars. (10) and (12). 1987 - Par. (1). Pub. L. 100-26, Sec. 7(k)(1)(A), inserted "The term" after par. designation. Par. (2). Pub. L. 100-26, Sec. 7(1)(k)(B), inserted "the term" after "Air National Guard of the United States,". Pub. L. 100-180, Sec. 1233(a)(2), amended directory language of Pub. L. 100-26, Sec. 7(k)(1)(C), by adding par. (2) to those pars. excepted from direction that initial letter of first word after open quotation marks in each par. be made lowercase rather than uppercase. Pars. (3) to (7). Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted "The term" after par. designation and struck out uppercase letter of first word after open quotation marks and substituted lowercase letter. Pars. (8) to (13). Pub. L. 100-26, Sec. 7(k)(1)(A), inserted "The term" after par. designation. Par. (14). Pub. L. 100-180, Sec. 1231(1), inserted "a" after "means". Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted "The term" after par. designation and struck out uppercase letter of first word after open quotation marks and substituted lowercase letter. Pars. (15) to (19). Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted "The term" after par. designation and struck out uppercase letter of first word after open quotation marks and substituted lowercase letter. Par. (20). Pub. L. 100-180, Sec. 1231(20), substituted "The term 'rate" for " 'Rate" in second sentence. Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted "The term" after par. designation and struck out uppercase letter of first word after open quotation marks and substituted lowercase letter. Pars. (21) to (43). Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted "The term" after par. designation and struck out uppercase letter of first word after open quotation marks and substituted lowercase letter. Pars. (44), (45). Pub. L. 100-26, Sec. 7(i)(1), (k)(1)(A), inserted "The term" after par. designation and substituted "October 1, 1986" for "the date of the enactment of the Goldwater-Nichols Department of Defense Reorganization Act of 1986". 1986 - Par. (43). Pub. L. 99-348 added par. (43). Pars. (44), (45). Pub. L. 99-433 added pars. (44) and (45). 1985 - Par. (41). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore". 1984 - Par. (22). Pub. L. 98-525, Sec. 414(a)(1)(A), inserted "It does not include full-time National Guard duty." Par. (24). Pub. L. 98-525, Sec. 414(a)(1)(B), inserted "or full- time National Guard duty". Par. (42). Pub. L. 98-525, Sec. 414(a)(1)(C), added par. (42). 1981 - Par. (41). Pub. L. 97-86 substituted "commodore" for "commodore admiral". Pub. L. 97-22 inserted "or Coast Guard" after "Navy". 1980 - Par. (22). Pub. L. 96-513, Sec. 501(2), struck out "duty on the active list," after "It includes". Par. (36). Pub. L. 96-513, Sec. 115(a), struck out par. (36) which provided that "dependent", with respect to a female member of an armed force, did not include her husband, unless he was in fact dependent on her for his chief support, or her child, unless his father was dead or he was in fact dependent on her for his chief support. Pars. (37) to (41). Pub. L. 96-513, Sec. 101, added pars. (37) to (41). 1972 - Par. (2). Pub. L. 92-492 inserted "Except as provided in section 101(1) of title 32 for laws relating to the militia, the National Guard, the Army National Guard of the United States," before "Territory". 1968 - Par. (8)(D). Pub. L. 90-623 substituted "Secretary of Transportation" for "Secretary of the Treasury". Par. 36. Pub. L. 90-235 added par. (36). 1962 - Par. (31)(A). Pub. L. 87-649 substituted "section 206 of title 37" for "section 301 of title 37". 1960 - Par. (2). Pub. L. 80-624 struck out reference to Hawaii. 1959 - Par. (2). Pub. L. 80-70 struck out reference to Alaska. 1958 - Par. (25). Pub. L. 85-861, Sec. 1(1), added par. (25). Par. (35). Pub. L. 85-861, Sec. 33(a)(1), added par. (35). EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-296, title XVII, Sec. 1704(g), Nov. 25, 2002, 116 Stat. 2316, provided that: "The amendments made by this section (other than subsection (f)) [see Tables for classification] shall take effect on the date of transfer of the Coast Guard to the Department [of Homeland Security]." EFFECTIVE DATE OF 1996 AMENDMENT Section 1501(c) of Pub. L. 104-106 provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103-337, as originally enacted. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 1671(c)(1) of Pub. L. 103-337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1621 of Pub. L. 103-337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Section 1233(c)[(1)] of Pub. L. 100-180 provided that: "The amendments made by subsection (a) [amending this section, section 2432 of this title, and section 406b of Title 37, Pay and Allowances of the Uniformed Services] shall apply as if included in the enactment of the Defense Technical Corrections Act of 1987 (Public Law 100-26)." EFFECTIVE DATE OF 1981 AMENDMENT Section 405(f) of Pub. L. 97-86 provided that: "The amendments made by this section [amending this section, sections 525, 601, 611, 612, 619, 625, 634, 635, 637, 638, 645, 741, 5138, 5149, 5155, 5442, 5444, 5457, 5501, and 6389 of this title, section 201 of Title 37, Pay and Allowances of the Uniformed Services, and a provision set out as a note under section 611 of this title] shall take effect as of September 15, 1981." EFFECTIVE DATE OF 1980 AMENDMENT Section 701 of Pub. L. 96-513 provided that: "(a) Except as provided in subsection (b), this Act and the amendments made by this Act [see Tables for classification] shall take effect on September 15, 1981. "(b)(1) The authority to prescribe regulations under the amendments made by titles I through IV and under the provisions of title VI shall take effect on the date of the enactment of this Act [Dec. 12, 1980]. "(2) The amendment made by section 415 [enacting section 302(h) of Title 37, Pay and Allowances of the Uniformed Services] shall take effect as of July 1, 1980. "(3) The amendments made by part B of title V shall take effect on the date of the enactment of this Act [Dec. 12, 1980]. "(4) Part D of title VI shall take effect on the date of the enactment of this Act [Dec. 12, 1980]." EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623, set out as a note under section 5334 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Inconsistent Provisions note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1958 AMENDMENT Section 33(g) of Pub. L. 85-861 provided that: "This section [see Tables for classification] is effective as of August 10, 1956, for all purposes." SHORT TITLE OF 2008 AMENDMENT Pub. L. 110-317, Sec. 1(a), Aug. 29, 2008, 122 Stat. 3526, provided that: "This Act [amending sections 1145, 1146, and 1174 of this title, sections 2108 and 8521 of Title 5, Government Organization and Employees, section 685 of Title 26, Internal Revenue Code, section 303a of Title 37, Pay and Allowances of the Uniformed Services, and sections 3011, 3012, 3702, and 4211 of Title 38, Veterans' Benefits, and enacting provisions set out as notes under section 2108 of Title 5 and section 685 of Title 26] may be cited as the 'Hubbard Act'." Pub. L. 110-181, div. A, title VIII, Sec. 800, Jan. 28, 2008, 122 Stat. 202, provided that: "This title [see Tables for classification] may be cited as the 'Acquisition Improvement and Accountability Act of 2007'." Pub. L. 110-181, div. A, title XVIII, Sec. 1801, Jan. 28, 2008, 122 Stat. 496, provided that: "This title [enacting section 10508 of this title, amending sections 113, 164, 526, 10501 to 10503, 10541, 14508, 14511, and 14512 of this title, and enacting provisions set out as notes under sections 113 and 164 of this title and section 104 of Title 32, National Guard] may be cited as the 'National Guard Empowerment Act of 2007'." SHORT TITLE OF 2005 AMENDMENT Pub. L. 109-148, div. A, title VIII, Sec. 8126(a), Dec. 30, 2005, 119 Stat. 2728, which provided that this Act, probably meaning section 8126 of div. A of Pub. L. 109-148, which amended section 2554 of this title and section 5309 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under section 2554 of this title and section 301 of Title 5, Government Organization and Employees, could be cited as the "Support Our Scouts Act of 2005", was repealed by Pub. L. 109-364, div. A, title X, Sec. 1071(f)(3), Oct. 17, 2006, 120 Stat. 2402. SHORT TITLE OF 1999 AMENDMENT Pub. L. 106-38, Sec. 1, July 22, 1999, 113 Stat. 205, provided that: "This Act [enacting provisions set out as notes under section 2431 of this title and section 5901 of Title 22, Foreign Relations and Intercourse] may be cited as the 'National Missile Defense Act of 1999'." SHORT TITLE OF 1991 AMENDMENT Pub. L. 102-25, Sec. 1, Apr. 6, 1991, 105 Stat. 75, provided that: "This Act [see Tables for classification] may be cited as the 'Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991'." SHORT TITLE OF 1987 AMENDMENT Section 1 of Pub. L. 100-26 provided that: "This Act [see Tables for classification] may be cited as the 'Defense Technical Corrections Act of 1987'." SHORT TITLE OF 1981 AMENDMENT Section 1(a) of Pub. L. 97-22 provided that: "this Act [see Tables for classification] may be cited as the 'Defense Officer Personnel Management Act Technical Corrections Act'." SHORT TITLE OF 1980 AMENDMENT Section 1(a) of Pub. L. 96-513 provided that: "This Act [see Tables for classification] may be cited as the 'Defense Officer Personnel Management Act'." SAVINGS PROVISION Section 703 of Pub. L. 96-513 provided that: "Except as otherwise provided in this Act, the provisions of this Act and the amendments made by this Act [see Tables for classification] do not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act [see Effective Date of 1980 Amendment note above]." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 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. -MISC3- LAWS IN SUSPENDED STATUS PRIOR TO 1980 AMENDMENT BY PUB. L. 96-513 Section 702 of Pub. L. 96-513 provided that: "If a provision of law that is in a suspended status on the day before the effective date of this Act [see Effective Date of 1980 Amendment note above] is amended by this Act [see Tables for classification], the suspended status of that provision is not affected by that amendment." NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Authority vested by this title in "military departments", "the Secretary concerned", or "the Secretary of Defense" to be exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or Secretary's designee, see section 3071 of Title 33, Navigation and Navigable Waters. PUBLIC HEALTH SERVICE Authority vested by this title in "military departments", "the Secretary concerned", or "the Secretary of Defense" to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see section 213a of Title 42, The Public Health and Welfare. COORDINATION OF CERTAIN SECTIONS OF AN ACT WITH OTHER PROVISIONS OF THAT ACT Pub. L. 109-364, div. A, title X, Sec. 1071(i), Oct. 17, 2006, 120 Stat. 2403, provided that: "For purposes of applying amendments made by provisions of this Act other than provisions of this section [see Tables for classification], this section shall be treated as having been enacted immediately before the other provisions of this Act." Pub. L. 107-107, div. A, title X, Sec. 1048(j), Dec. 28, 2001, 115 Stat. 1230, provided that: "For purposes of applying amendments made by provisions of this Act other than provisions of this section [see Tables for classification], this section shall be treated as having been enacted immediately before the other provisions of this Act." Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(h)], Oct. 30, 2000, 114 Stat. 1654, 1654A-294, provided that: "For purposes of applying amendments made by provisions of this Act other than provisions of this section [section 1087 of H.R. 5408, as enacted by section 1 of Pub. L. 106-398, see Tables for classification], this section shall be treated as having been enacted immediately before the other provisions of this Act." Pub. L. 106-65, div. A, title X, Sec. 1066(e), Oct. 5, 1999, 113 Stat. 773, provided that: "For purposes of applying amendments made by provisions of this Act other than provisions of this section [see Tables for classification], this section shall be treated as having been enacted immediately before the other provisions of this Act." Pub. L. 105-261, div. A, title X, Sec. 1069(e), Oct. 17, 1998, 112 Stat. 2137, provided that: "For purposes of applying amendments made by provisions of this Act other than provisions of this section [see Tables for classification], this section shall be treated as having been enacted immediately before the other provisions of this Act." Pub. L. 105-85, div. A, title X, Sec. 1073(i), Nov. 18, 1997, 111 Stat. 1907, provided that: "For purposes of applying amendments made by provisions of this Act other than provisions of this section [see Tables for classification], this section shall be treated as having been enacted immediately before the other provisions of this Act." Section 1074(e) of Pub. L. 104-201 provided that: "For purposes of applying amendments made by provisions of this Act other than provisions of this section [see Tables for classification], this section shall be treated as having been enacted immediately before the other provisions of this Act." Section 1506 of title XV of div. A of Pub. L. 104-106 provided that: "For purposes of applying amendments made by provisions of this Act other than provisions of this title [see Tables for classification], this title shall be treated as having been enacted immediately before the other provisions of this Act." Section 1070(h) of Pub. L. 103-337 provided that: "For purposes of applying amendments made by provisions of this Act other than this section [see Tables for classification], this section shall be treated as having been enacted immediately before the other provisions of this Act." Pub. L. 103-160, div. A, title XI, Sec. 1182(h), Nov. 30, 1993, 107 Stat. 1774, provided that: "For purposes of applying the amendments made by provisions of this Act other than this section [see Tables for classification], this section shall be treated as having been enacted immediately before the other provisions of this Act." Section 1055 of Pub. L. 102-484 provided that: "For purposes of applying the amendments made by provisions of this Act other than sections 1052, 1053, and 1054 [see Tables for classification], those sections shall be treated as having been enacted immediately before the other provisions of this Act." -CROSS- CONGRESSIONAL DEFENSE COMMITTEES DEFINED The following provisions provided that the term "congressional defense committees" for purposes of the Acts in which they were contained has the meaning given that term in subsec. (a)(16) of this section: Pub. L. 110-417, Sec. 3, Oct. 14, 2008, 122 Stat. 4372. Pub. L. 110-181, Sec. 3, Jan. 28, 2007, 122 Stat. 23. Pub. L. 109-364, Sec. 3, Oct. 17, 2006, 120 Stat. 2100. Pub. L. 109-163, Sec. 3, Jan. 6, 2006, 119 Stat. 3152. Pub. L. 108-375, Sec. 3, Oct. 28, 2004, 118 Stat. 1825. Pub. L. 109-148, div. A, title VIII, Sec. 8028, Dec. 30, 2005, 119 Stat. 2704, provided that for purposes of Pub. L. 109-148 the term "congressional defense committees" means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives and, for any matter pertaining to basic allowance for housing, facilities sustainment, restoration and modernization, environmental restoration and the Defense Health Program, "congressional defense committees" also means the Subcommittee on Military Quality of Life and Veterans Affairs, and Related Agencies [subcommittee jurisdiction now in Subcommittee on Military Construction, Veterans Affairs, and Related Agencies and Subcommittee on Defense] of the Committee on Appropriations of the House of Representatives. The following provisions defined the term "congressional defense committees" for purposes of the Acts in which they were contained to mean the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives: Pub. L. 110-329, div. C, title VIII, Sec. 8028, Sept. 30, 2008, 122 Stat. 3627 (definition applies to div. C only). Pub. L. 110-116, div. A, title VIII, Sec. 8027, Nov. 13, 2007, 121 Stat. 1320. Pub. L. 109-289, div. A, title VIII, Sec. 8025, Sept. 29, 2006, 120 Stat. 1279. Pub. L. 108-287, title VIII, Sec. 8030, Aug. 5, 2004, 118 Stat. 977. Pub. L. 108-87, title VIII, Sec. 8031, Sept. 30, 2003, 117 Stat. 1079. Pub. L. 107-248, title VIII, Sec. 8031, Oct. 23, 2002, 116 Stat. 1543. Pub. L. 107-117, div. A, title VIII, Sec. 8034, Jan. 10, 2002, 115 Stat. 2255. Pub. L. 106-259, title VIII, Sec. 8034, Aug. 9, 2000, 114 Stat. 682. Pub. L. 106-79, title VIII, Sec. 8036, Oct. 25, 1999, 113 Stat. 1239. The following provisions defined the term "congressional defense committees" for purposes of the Acts in which they were contained to mean 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: Pub. L. 108-136, Sec. 3, Nov. 24, 2003, 117 Stat. 1406. Pub. L. 107-314, Sec. 3, Dec. 2, 2002, 116 Stat. 2471. Pub. L. 107-107, Sec. 3, Dec. 28, 2001, 115 Stat. 1027. Pub. L. 106-398, Sec. 1 [Sec. 3], Oct. 30, 2000, 114 Stat. 1654, 1654A-19. Pub. L. 106-65, Sec. 3, Oct. 5, 1999, 113 Stat. 529. Pub. L. 103-337, Sec. 3, Oct. 5, 1994, 108 Stat. 2678. Pub. L. 103-160, Sec. 3, Nov. 30, 1993, 107 Stat. 1562. Pub. L. 102-484, Sec. 3, Oct. 23, 1992, 106 Stat. 2331. Pub. L. 102-190, Sec. 3, Dec. 5, 1991, 105 Stat. 1301. Pub. L. 102-25, Sec. 3(4), Apr. 6, 1991, 105 Stat. 77. Pub. L. 101-510, Sec. 3, Nov. 5, 1990, 104 Stat. 1498. Pub. L. 101-189, Sec. 4, Nov. 29, 1989, 103 Stat. 1364. The following provisions defined the term "congressional defense committees" for purposes of the Acts in which they were contained to mean the National Security Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on National Security of the Committee on Appropriations of the House of Representatives: Pub. L. 105-262, title VIII, Sec. 8036, Oct. 17, 1998, 112 Stat. 2305. Pub. L. 105-56, title VIII, Sec. 8038, Oct. 8, 1997, 111 Stat. 1229. Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec. 8040], Sept. 30, 1996, 110 Stat. 3009-71, 3009-97. Pub. L. 104-61, title VIII, Sec. 8049, Dec. 1, 1995, 109 Stat. 661. The following provisions defined the term "congressional defense committees" for purposes of the Acts in which they were contained to mean the 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 House of Representatives: Pub. L. 105-261, Sec. 3, Oct. 17, 1998, 112 Stat. 1935. Pub. L. 105-85, Sec. 3, Nov. 18, 1997, 111 Stat. 1645. Pub. L. 104-201, Sec. 3, Sept. 23, 1996, 110 Stat. 2439. Pub. L. 104-106, Sec. 3, Feb. 10, 1996, 110 Stat. 204. The following provisions defined the term "congressional defense committees" for purposes of the Acts in which they were contained to mean the Committees on Armed Services, the Committees on Appropriations, and the subcommittees on Defense of the Committee on Appropriations, of the Senate and the House of Representatives: Pub. L. 103-335, title VIII, Sec. 8056, Sept. 30, 1994, 108 Stat. 2631. Pub. L. 103-139, title VIII, Sec. 8067, Nov. 11, 1993, 107 Stat. 1455. Pub. L. 102-172, title VIII, Sec. 8116, Nov. 26, 1991, 105 Stat. 1203. DEFINITIONS FOR PURPOSES OF PUB. L. 102-25 Pub. L. 102-25, Sec. 3, Apr. 6, 1991, 105 Stat. 77, as amended by Pub. L. 102-190, div. A, title XII, Sec. 1203(a), Dec. 5, 1991, 105 Stat. 1508, provided that: "For the purposes of this Act [see Short Title of 1991 Amendment note above]: "(1) The term 'Operation Desert Storm' means operations of United States Armed Forces conducted as a consequence of the invasion of Kuwait by Iraq (including operations known as Operation Desert Shield, Operation Desert Storm, and Operation Provide Comfort). "(2) The term 'incremental costs associated with Operation Desert Storm' means costs referred to in section 251(b)(2)(D)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(ii)). "(3) The term 'Persian Gulf conflict' means the period beginning on August 2, 1990, and ending thereafter on the date prescribed by Presidential proclamation or by law. "(4) The term 'congressional defense committees' has the meaning given that term in section 3 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1498)." -End- -CITE- 10 USC CHAPTER 2 - DEPARTMENT OF DEFENSE 01/05/2009 -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. 118b. Quadrennial roles and missions review. 119. Special access programs: congressional oversight. AMENDMENTS 2008 - Pub. L. 110-417, [div. A], title X, Sec. 1061(a)(1), Oct. 14, 2008, 122 Stat. 4612, added item 118b. 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 01/05/2009 -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. INTERAGENCY POLICY COORDINATION Pub. L. 110-181, div. A, title IX, Sec. 952, Jan. 28, 2008, 122 Stat. 291, provided that: "(a) Plan Required. - Not later than 180 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense shall develop and submit to Congress a plan to improve and reform the Department of Defense's participation in and contribution to the interagency coordination process on national security issues. "(b) Elements. - The elements of the plan shall include the following: "(1) Assigning either the Under Secretary of Defense for Policy or another official to be the lead policy official for improving and reforming the interagency coordination process on national security issues for the Department of Defense, with an explanation of any decision to name an official other than the Under Secretary and the relative advantages and disadvantages of such decision. "(2) Giving the official assigned under paragraph (1) the following responsibilities: "(A) To be the lead person at the Department of Defense for the development of policy affecting the national security interagency process. "(B) To serve, or designate a person to serve, as the representative of the Department of Defense in Federal Government forums established to address interagency policy, planning, or reforms. "(C) To advocate, on behalf of the Secretary, for greater interagency coordination and contributions in the execution of the National Security Strategy and particularly specific operational objectives undertaken pursuant to that strategy. "(D) To make recommendations to the Secretary of Defense on changes to existing Department of Defense regulations or laws to improve the interagency process. "(E) To serve as the coordinator for all planning and training assistance that is - "(i) designed to improve the interagency process or the capabilities of other agencies to work with the Department of Defense; and "(ii) provided by the Department of Defense at the request of other agencies. "(F) To serve as the lead official in Department of Defense for the development of deployable joint interagency task forces. "(c) Factors To Be Considered. - In drafting the plan, the Secretary of Defense shall also consider the following factors: "(1) How the official assigned under subsection (b)(1) shall provide input to the Secretary of Defense on an ongoing basis on how to incorporate the need to coordinate with other agencies into the establishment and reform of combatant commands. "(2) How such official shall develop and make recommendations to the Secretary of Defense on a regular or an ongoing basis on changes to military and civilian personnel to improve interagency coordination. "(3) How such official shall work with the combatant command that has the mission for joint warfighting experimentation and other interested agencies to develop exercises to test and validate interagency planning and capabilities. "(4) How such official shall lead, coordinate, or participate in after-action reviews of operations, tests, and exercises to capture lessons learned regarding the functioning of the interagency process and how those lessons learned will be disseminated. "(5) The role of such official in ensuring that future defense planning guidance takes into account the capabilities and needs of other agencies. "(d) Recommendation on Changes in Law. - The Secretary of Defense may submit with the plan or with any future budget submissions recommendations for any changes to law that are required to enhance the ability of the official assigned under subsection (b)(1) in the Department of Defense to coordinate defense interagency efforts or to improve the ability of the Department of Defense to work with other agencies. "(e) Annual Report. - If an official is named by the Secretary of Defense under subsection (b)(1), the official shall annually submit to Congress a report, beginning in the fiscal year following the naming of the official, on those actions taken by the Department of Defense to enhance national security interagency coordination, the views of the Department of Defense on efforts and challenges in improving the ability of agencies to work together, and suggestions on changes needed to laws or regulations that would enhance the coordination of efforts of agencies. "(f) Definition. - In this section, the term 'interagency coordination', within the context of Department of Defense involvement, means the coordination that occurs between elements of the Department of Defense and engaged Federal Government agencies for the purpose of achieving an objective. "(g) Construction. - Nothing in this provision shall be construed as preventing the Secretary of Defense from naming an official with the responsibilities listed in subsection (b) before the submission of the report required under this section." 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 01/05/2009 -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 01/05/2009 -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 seven 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, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities. 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; Pub. L. 110-181, div. A, title IX, Sec. 903(a), title XVIII, Sec. 1815(e), Jan. 28, 2008, 122 Stat. 273, 500.) -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 2008 - Subsec. (a). Pub. L. 110-181, Sec. 903(a), substituted "seven" for "10". Subsec. (g)(2). Pub. L. 110-181, Sec. 1815(e), substituted "contingency plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities" for "contingency plans". 1999 - Subsec. (j)(1). Pub. L. 106-65 substituted "and the Committee on Armed Services" for "and the Committee on National Security" in introductory provisions. 1998 - Subsec. (l). Pub. L. 105-261, 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. REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS FOR MANNED AND UNMANNED AERIAL VEHICLE SYSTEMS Pub. L. 110-417, [div. A], title I, Sec. 144, Oct. 14, 2008, 122 Stat. 4382, provided that: "(a) Policy and Acquisition Strategy Required. - The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall establish a policy and an acquisition strategy for intelligence, surveillance, and reconnaissance payloads and ground stations for manned and unmanned aerial vehicle systems. The policy and acquisition strategy shall be applicable throughout the Department of Defense and shall achieve integrated research, development, test, and evaluation, and procurement commonality. "(b) Objectives. - The policy and acquisition strategy required by subsection (a) shall have the following objectives: "(1) Procurement of common payloads by vehicle class, including - "(A) signals intelligence; "(B) electro optical; "(C) synthetic aperture radar; "(D) ground moving target indicator; "(E) conventional explosive detection; "(F) foliage penetrating radar; "(G) laser designator; "(H) chemical, biological, radiological, nuclear, [or] explosive detection; and "(I) national airspace operations avionics or sensors, or both. "(2) Commonality of ground system architecture by vehicle class. "(3) Common management of vehicle and payloads procurement. "(4) Ground station interoperability standardization. "(5) Maximum use of commercial standard hardware and interfaces. "(6) Open architecture software. "(7) Acquisition of technical data rights in accordance with section 2320 of title 10, United States Code. "(8) Acquisition of vehicles, payloads, and ground stations through competitive procurement. "(9) Common standards for exchange of data and metadata. "(c) Affected Systems. - For the purposes of this section, the Secretary shall establish manned and unmanned aerial vehicle classes for all intelligence, surveillance, and reconnaissance programs of record based on factors such as vehicle weight, payload capacity, and mission. "(d) Report. - Not later than 120 days after the date of the enactment of this Act [Oct. 14, 2008], the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing - "(1) the policy required by subsection (a); and "(2) the acquisition strategy required by subsection (a)." IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL ASSAULT INCIDENTS IN THE ARMED FORCES Pub. L. 110-417, [div. A], title V, Sec. 563(a)-(d), Oct. 14, 2008, 122 Stat. 4470, 4471, provided that: "(a) Database Required. - The Secretary of Defense shall implement a centralized, case-level database for the collection, in a manner consistent with Department of Defense regulations for restricted reporting, and maintenance of information regarding sexual assaults involving a member of the Armed Forces, including information, if available, about the nature of the assault, the victim, the offender, and the outcome of any legal proceedings in connection with the assault. "(b) Availability of Database. - The database required by subsection (a) shall be available to personnel of the Sexual Assault Prevention and Response Office of the Department of Defense. "(c) Implementation. - "(1) Plan for implementation. - Not later than 90 days after the date of the enactment of this Act [Oct. 14, 2008], 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 plan to provide for the implementation of the database required by subsection (a). "(2) Relation to defense incident-based reporting system. - Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing - "(A) a description of the current status of the Defense Incident-Based Reporting System; and "(B) an explanation of how the Defense Incident-Based Reporting System will relate to the database required by subsection (a). "(3) Completion. - Not later than 15 months after the date of enactment of this Act, the Secretary shall complete implementation of the database required by subsection (a). "(d) Reports. - The database required by subsection (a) shall be used to develop and implement congressional reports, as required by - "(1) section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) [set out below]; "(2) section 596(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) [amending Pub. L. 108- 375, Sec. 577, set out below]; "(3) section 532 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) [enacting sections 4361, 6980, and 9361 of this title and provisions set out as a note under section 4361 of this title and repealing provisions set out as a note under section 4331 of this title]; and "(4) sections 4361, 6980, and 9361 of title 10, United States Code." REPORT ON COMMAND AND CONTROL STRUCTURE FOR MILITARY FORCES OPERATING IN AFGHANISTAN Pub. L. 110-417, [div. A], title XII, Sec. 1216, Oct. 14, 2008, 122 Stat. 4633, provided that: "(a) Report Required. - Not later than 60 days after the date of the enactment of this Act [Oct. 14, 2008], or December 1, 2008, whichever occurs later, the Secretary of Defense shall submit to the appropriate congressional committees a report on the command and control structure for military forces operating in Afghanistan. "(b) Matters to Be Included. - The report required under subsection (a) shall include the following: "(1) A detailed description of efforts by the Secretary of Defense, in coordination with senior leaders of NATO ISAF forces, including the commander of NATO ISAF forces, to modify the chain of command structure for military forces operating in Afghanistan to better coordinate and de-conflict military operations and achieve unity of command whenever possible in Afghanistan, and the results of such efforts, including - "(A) any United States or NATO ISAF plan for improving the command and control structure for military forces operating in Afghanistan; and "(B) any efforts to establish a headquarters in Afghanistan that is led by a commander - "(i) with command authority over NATO ISAF forces and separate United States forces operating under Operation Enduring Freedom and charged with closely coordinating the efforts of such forces; and "(ii) responsible for coordinating other United States and international security efforts in Afghanistan. "(2) A description of how rules of engagement are determined and managed for United States forces operating under NATO ISAF or Operation Enduring Freedom, and a description of any key differences between rules of engagement for NATO ISAF forces and separate United States forces operating under Operation Enduring Freedom. "(3) An assessment of how any modifications to the command and control structure for military forces operating in Afghanistan would impact coordination of military and civilian efforts in Afghanistan. "(c) Update of Report. - The Secretary of Defense shall submit to the appropriate congressional committees an update of the report required under subsection (a) as warranted by any modifications to the command and control structure for military forces operating in Afghanistan as described in the report. "(d) Form. - The report required under subsection (a) and any update of the report required under subsection (c) shall be submitted in an unclassified form, but may include a classified annex, if necessary. "(e) Appropriate Congressional Committees Defined. - In this section, the term 'appropriate congressional committees' means - "(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and "(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate." PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE VIETNAM WAR Pub. L. 110-181, div. A, title V, Sec. 598, Jan. 28, 2008, 122 Stat. 141, provided that: "(a) Commemorative Program Authorized. - The Secretary of Defense may conduct a program to commemorate the 50th anniversary of the Vietnam War. In conducting the commemorative program, the Secretary shall coordinate, support, and facilitate other programs and activities of the Federal Government, State and local governments, and other persons and organizations in commemoration of the Vietnam War. "(b) Schedule. - The Secretary of Defense shall determine the schedule of major events and priority of efforts for the commemorative program in order to ensure achievement of the objectives specified in subsection (c). "(c) Commemorative Activities and Objectives. - The commemorative program may include activities and ceremonies to achieve the following objectives: "(1) To thank and honor veterans of the Vietnam War, including personnel who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans. "(2) To highlight the service of the Armed Forces during the Vietnam War and the contributions of Federal agencies and governmental and non-governmental organizations that served with, or in support of, the Armed Forces. "(3) To pay tribute to the contributions made on the home front by the people of the United States during the Vietnam War. "(4) To highlight the advances in technology, science, and medicine related to military research conducted during the Vietnam War. "(5) To recognize the contributions and sacrifices made by the allies of the United States during the Vietnam War. "(d) Names and Symbols. - The Secretary of Defense shall have the sole and exclusive right to use the name 'The United States of America Vietnam War Commemoration', and such seal, emblems, and badges incorporating such name as the Secretary may lawfully adopt. Nothing in this section may be construed to supersede rights that are established or vested before the date of the enactment of this Act [Jan. 28, 2008]. "(e) Commemorative Fund. - "(1) Establishment and administration. - If the Secretary establishes the commemorative program under subsection (a), the Secretary the Treasury shall establish in the Treasury of the United States an account to be known as the 'Department of Defense Vietnam War Commemoration Fund' (in this section referred to as the 'Fund'). The Fund shall be administered by the Secretary of Defense. "(2) Use of fund. - The Secretary shall use the assets of the Fund only for the purpose of conducting the commemorative program and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary. "(3) Deposits. - There shall be deposited into the Fund - "(A) amounts appropriated to the Fund; "(B) proceeds derived from the Secretary's use of the exclusive rights described in subsection (d); "(C) donations made in support of the commemorative program by private and corporate donors; and "(D) funds transferred to the Fund by the Secretary from funds appropriated for fiscal year 2008 and subsequent years for the Department of Defense. "(4) Availability. - Subject to subsection (g)(2), amounts deposited under paragraph (3) shall constitute the assets of the Fund and remain available until expended. "(5) Budget request. - The Secretary of Defense may establish a separate budget line for the commemorative program. In the budget justification materials submitted by the Secretary in support of the budget of the President for any fiscal year for which the Secretary establishes the separate budget line, the Secretary shall - "(A) identify and explain any amounts expended for the commemorative program in the fiscal year preceding the budget request; "(B) identify and explain the amounts being requested to support the commemorative program for the fiscal year of the budget request; and "(C) present a summary of the fiscal status of the Fund. "(f) Acceptance of Voluntary Services. - "(1) Authority to accept services. - Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. The Secretary of Defense shall prohibit the solicitation of any voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in the program. "(2) Reimbursement of incidental expenses. - The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph. "(g) Final Report. - "(1) Report required. - Not later than 60 days after the end of the commemorative program, if established by the Secretary of Defense under subsection (a), the Secretary shall submit to Congress a report containing an accounting of - "(A) all of the funds deposited into and expended from the Fund; "(B) any other funds expended under this section; and "(C) any unobligated funds remaining in the Fund. "(2) Treatment of unobligated funds. - Unobligated amounts remaining in the Fund as of the end of the commemorative period specified in subsection (b) shall be held in the Fund until transferred by law. "(h) Limitation on Expenditures. - Total expenditures from the Fund, using amounts appropriated to the Department of Defense, may not exceed $5,000,000 for fiscal year 2008 or for any subsequent fiscal year to carry out the commemorative program. "(i) Funding. - Of the amount authorized to be appropriated pursuant to section 301(5) [122 Stat. 53] for Defense-wide activities, $1,000,000 shall be available for deposit in the Fund for fiscal year 2008 if the Fund is established under subsection (e)." STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN UNITED STATES Pub. L. 110-181, div. A, title X, Sec. 1069, Jan. 28, 2008, 122 Stat. 326, as amended by Pub. L. 110-417, [div. A], title X, Sec. 1059, Oct. 14, 2008, 122 Stat. 4611, provided that: "(a) Development of Standards. - "(1) Access standards for visitors. - The Secretary of Defense shall develop access standards applicable to all military installations in the United States. The standards shall require screening standards appropriate to the type of installation involved, the security level, category of individuals authorized to visit the installation, and level of access to be granted, including - "(A) protocols to determine the fitness of the individual to enter an installation; and "(B) standards and methods for verifying the identity of the individual. "(2) Additional criteria. - The standards required under paragraph (1) may - "(A) provide for expedited access to a military installation for Department of Defense personnel and employees and family members of personnel who reside on the installation; "(B) provide for closer scrutiny of categories of individuals determined by the Secretary of Defense to pose a higher potential security risk; and "(C) in the case of an installation that the Secretary determines contains particularly sensitive facilities, provide additional screening requirements, as well as physical and other security measures for the installation. "(b) Use of Technology. - The Secretary of Defense is encouraged to procure and field existing identification screening technology and to develop additional technology only to the extent necessary to assist commanders of military installations in implementing the standards developed under this section at points of entry for such installations. "(c) Deadlines. - "(1) Development and implementation. - The Secretary of Defense shall develop the standards required under this section by not later than February 1, 2009, and implement such standards by not later than October 1, 2010. "(2) Submission to congress. - Not later than August 1, 2009, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the standards developed pursuant to paragraph (1)." PROTECTION OF CERTAIN INDIVIDUALS Pub. L. 110-181, div. A, title X, Sec. 1074, Jan. 28, 2008, 122 Stat. 330, provided that: "(a) Protection for Department Leadership. - The Secretary of Defense, under regulations prescribed by the Secretary and in accordance with guidelines approved by the Secretary and the Attorney General, may authorize qualified members of the Armed Forces and qualified civilian employees of the Department of Defense to provide physical protection and personal security within the United States to the following persons who, by nature of their positions, require continuous security and protection: "(1) Secretary of Defense. "(2) Deputy Secretary of Defense. "(3) Chairman of the Joint Chiefs of Staff. "(4) Vice Chairman of the Joint Chiefs of Staff. "(5) Secretaries of the military departments. "(6) Chiefs of the Services. "(7) Commanders of combatant commands. "(b) Protection for Additional Personnel. - "(1) Authority to provide. - The Secretary of Defense, under regulations prescribed by the Secretary and in accordance with guidelines approved by the Secretary and the Attorney General, may authorize qualified members of the Armed Forces and qualified civilian employees of the Department of Defense to provide physical protection and personal security within the United States to individuals other than individuals described in paragraphs (1) through (7) of subsection (a) if the Secretary determines that such protection and security are necessary because - "(A) there is an imminent and credible threat to the safety of the individual for whom protection is to be provided; or "(B) compelling operational considerations make such protection essential to the conduct of official Department of Defense business. "(2) Personnel. - Individuals authorized to receive physical protection and personal security under this subsection include the following: "(A) Any official, military member, or employee of the Department of Defense. "(B) A former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for a period of up to two years beginning on the date on which the official separates from the Department. "(C) A head of a foreign state, an official representative of a foreign government, or any other distinguished foreign visitor to the United States who is primarily conducting official business with the Department of Defense. "(D) Any member of the immediate family of a person authorized to receive physical protection and personal security under this section. "(E) An individual who has been designated by the President, and who has received the advice and consent of the Senate, to serve as Secretary of Defense, but who has not yet been appointed as Secretary of Defense. "(3) Limitation on delegation. - The authority of the Secretary of Defense to authorize the provision of physical protection and personal security under this subsection may be delegated only to the Deputy Secretary of Defense. "(4) Requirement for written determination. - A determination of the Secretary of Defense to provide physical protection and personal security under this subsection shall be in writing, shall be based on a threat assessment by an appropriate law enforcement, security, or intelligence organization, and shall include the name and title of the officer, employee, or other individual affected, the reason for such determination, the duration of the authorized protection and security for such officer, employee, or individual, and the nature of the arrangements for the protection and security. "(5) Duration of protection. - "(A) Initial period of protection. - After making a written determination under paragraph (4), the Secretary of Defense may provide protection and security to an individual under this subsection for an initial period of not more than 90 calendar days. "(B) Subsequent period. - If, at the end of the period that protection and security is provided to an individual under subsection (A), the Secretary determines that a condition described in subparagraph (A) or (B) of paragraph (1) continues to exist with respect to the individual, the Secretary may extend the period that such protection and security is provided for additional 60-day periods. The Secretary shall review such a determination at the end of each 60-day period to determine whether to continue to provide such protection and security. "(C) Requirement for compliance with regulations. - Protection and personal security provided under subparagraph (B) shall be provided in accordance with the regulations and guidelines referred to in paragraph (1). "(6) Submission to congress. - "(A) In general. - The Secretary of Defense shall submit to the congressional defense committees each determination made under paragraph (4) to provide protection and security to an individual and of each determination under paragraph (5)(B) to extend such protection and security, together with the justification for such determination, not later than 15 days after the date on which the determination is made. "(B) Form of report. - A report submitted under subparagraph (A) may be made in classified form. "(C) Regulations and guidelines. - The Secretary of Defense shall submit to the congressional defense committees the regulations and guidelines prescribed pursuant to paragraph (1) not less than 20 days before the date on which such regulations take effect. "(c) Definitions. - In this section: "(1) Congressional defense committees. - The term 'congressional defense committees' means the Committee on Appropriations and the Committee on Armed Services of the Senate and the Committee on Appropriations and the Committee on Armed Services of the House of Representatives. "(2) Qualified members of the armed forces and qualified civilian employees of the department of defense. - The terms 'qualified members of the Armed Forces' and 'qualified civilian employees of the Department of Defense' refer collectively to members or employees who are assigned to investigative, law enforcement, or security duties of any of the following: "(A) The Army Criminal Investigation Command. "(B) The Naval Criminal Investigative Service. "(C) The Air Force Office of Special Investigations. "(D) The Defense Criminal Investigative Service. "(E) The Pentagon Force Protection Agency. "(d) Construction. - "(1) No additional law enforcement or arrest authority. - Other than the authority to provide protection and security under this section, nothing in this section may be construed to bestow any additional law enforcement or arrest authority upon the qualified members of the Armed Forces and qualified civilian employees of the Department of Defense. "(2) Posse comitatus. - Nothing in this section shall be construed to abridge section 1385 of title 18, United States Code. "(3) Authorities of other departments. - Nothing in this section may be construed to preclude or limit, in any way, the express or implied powers of the Secretary of Defense or other Department of Defense officials, or the duties and authorities of the Secretary of State, the Director of the United States Secret Service, the Director of the United States Marshals Service, or any other Federal law enforcement agency." AUTHORITY TO PROVIDE AUTOMATIC IDENTIFICATION SYSTEM DATA ON MARITIME SHIPPING TO FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS Pub. L. 110-181, div. A, title XII, Sec. 1208, Jan. 28, 2008, 122 Stat. 367, provided that: "(a) Authority To Provide Data. - The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the Secretary of a military department or a commander of a combatant command to exchange or furnish automatic identification system data broadcast by merchant or private ships and collected by the United States to a foreign country or international organization pursuant to an agreement for the exchange or production of such data. Such data may be transferred pursuant to this section without cost to the recipient country or international organization. "(b) Definitions. - In this section: "(1) Automatic identification system. - The term 'automatic identification system' means a system that is used to satisfy the requirements of the Automatic Identification System under the International Convention for the Safety of Life at Sea, signed at London on November 1, 1974 (TIAS 9700) [see 33 U.S.C. 1602 and notes thereunder]. "(2) Geographic combatant commander. - The term 'commander of a combatant command' means a commander of a combatant command (as such term is defined in section 161(c) of title 10, United States Code) with a geographic area of responsibility." REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST COALITION FORCES IN IRAQ Pub. L. 110-181, div. A, title XII, Sec. 1225, Jan. 28, 2008, 122 Stat. 375, provided that: "(a) Report Required. - Not later than 60 days after the date of the enactment of this Act [Jan. 28, 2008], and every 180 days thereafter, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report describing and assessing in detail - "(1) any support or direction provided to anti-coalition forces in Iraq by the Government of Iran or its agents; "(2) the strategy and ambitions in Iraq of the Government of Iran; and "(3) any strategy or efforts by the United States Government to counter the activities of agents of the Government of Iran in Iraq. "(b) Form. - Each report required under subsection (a) shall be submitted in unclassified form, to the maximum extent practicable, but may contain a classified annex, if necessary. "(c) Termination. - The requirement to submit reports under subsection (a) shall terminate on the date on which the Secretary of Defense, in coordination with the Director of National Intelligence, submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a certification in writing that the Government of Iran has ceased to provide military support to anti- coalition forces that conduct attacks against coalition forces in Iraq. "(d) Rule of Construction. - Nothing in this section shall be construed to authorize or otherwise speak to the use of the Armed Forces against Iran." REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE PLAN FOR RESPONSE TO NATURAL DISASTERS AND TERRORIST EVENTS Pub. L. 110-181, div. A, title XVIII, Sec. 1814, Jan. 28, 2008, 122 Stat. 498, provided that: "(a) Requirement for Plan. - "(1) In general. - Not later than June 1, 2008, the Secretary of Defense, in consultation with the Secretary of Homeland Security, the Chairman of the Joint Chiefs of Staff, the commander of the United States Northern Command, and the Chief of the National Guard Bureau, shall prepare and submit to Congress a plan for coordinating the use of the National Guard and members of the Armed Forces on active duty when responding to natural disasters, acts of terrorism, and other man-made disasters as identified in the national planning scenarios described in subsection (e). "(2) Update. - Not later than June 1, 2010, the Secretary, in consultation with the persons consulted under paragraph (1), shall submit to Congress an update of the plan required under paragraph (1). "(b) Information To Be Provided to Secretary. - To assist the Secretary of Defense in preparing the plan, the National Guard Bureau, pursuant to its purpose as channel of communications as set forth in section 10501(b) of title 10, United States Code, shall provide to the Secretary information gathered from Governors, adjutants general of States, and other State civil authorities responsible for homeland preparation and response to natural and man-made disasters. "(c) Two Versions. - The plan shall set forth two versions of response, one using only members of the National Guard, and one using both members of the National Guard and members of the regular components of the Armed Forces. "(d) Matters Covered. - The plan shall cover, at a minimum, the following: "(1) Protocols for the Department of Defense, the National Guard Bureau, and the Governors of the several States to carry out operations in coordination with each other and to ensure that Governors and local communities are properly informed and remain in control in their respective States and communities. "(2) An identification of operational procedures, command structures, and lines of communication to ensure a coordinated, efficient response to contingencies. "(3) An identification of the training and equipment needed for both National Guard personnel and members of the Armed Forces on active duty to provide military assistance to civil authorities and for other domestic operations to respond to hazards identified in the national planning scenarios. "(e) National Planning Scenarios. - The plan shall provide for response to the following hazards: "(1) Nuclear detonation, biological attack, biological disease outbreak/pandemic flu, the plague, chemical attack-blister agent, chemical attack-toxic industrial chemicals, chemical attack-nerve agent, chemical attack-chlorine tank explosion, major hurricane, major earthquake, radiological attack-radiological dispersal device, explosives attack-bombing using improvised explosive device, biological attack-food contamination, biological attack- foreign animal disease and cyber attack. "(2) Any other hazards identified in a national planning scenario developed by the Homeland Security Council." DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL SUPPORT REQUIREMENTS Pub. L. 110-181, div. A, title XVIII, Sec. 1815(a)-(d), Jan. 28, 2008, 122 Stat. 499, provided that: "(a) Determination of Requirements. - The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall determine the military-unique capabilities needed to be provided by the Department of Defense to support civil authorities in an incident of national significance or a catastrophic incident. "(b) Plan for Funding Capabilities. - "(1) Plan. - The Secretary of Defense shall develop and implement a plan, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, for providing the funds and resources necessary to develop and maintain the following: "(A) The military-unique capabilities determined under subsection (a). "(B) Any additional capabilities determined by the Secretary to be necessary to support the use of the active components and the reserve components of the Armed Forces for homeland defense missions, domestic emergency responses, and providing military support to civil authorities. "(2) Term of plan. - The plan required under paragraph (1) shall cover at least five years. "(c) Budget. - The Secretary of Defense shall include in the materials accompanying the budget submitted for each fiscal year a request for funds necessary to carry out the plan required under subsection (b) during the fiscal year covered by the budget. The defense budget materials shall delineate and explain the budget treatment of the plan for each component of each military department, each combatant command, and each affected Defense Agency. "(d) Definitions. - In this section: "(1) The term 'military-unique capabilities' means those capabilities that, in the view of the Secretary of Defense - "(A) cannot be provided by other Federal, State, or local civilian agencies; and "(B) are essential to provide support to civil authorities in an incident of national significance or a catastrophic incident. "(2) The term 'defense budget materials', with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year." 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 [now Committee on Foreign Affairs], 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; Pub. L. 110-417, [div. A], title V, Sec. 563(e), Oct. 14, 2008, 122 Stat. 4471, 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. "(12) The Secretary shall implement [sic] clear, consistent, and streamlined sexual assault terminology for use throughout the Department of Defense. "(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, as amended by Pub. L. 110-181, div. A, title III, Sec. 360(c), Jan. 28, 2008, 122 Stat. 78, 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, after reviewing the search and rescue capabilities report prepared by the Secretary of the Air Force under subsection (a) [probably means section 360(a) of Pub. L. 110- 181, 122 Stat. 77, which is not classified to the Code], 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 auxiliary, or other vessel that was owned or operated by a government on military noncommercial service when it sank; "(B) any sunken military aircraft or military spacecraft that was owned or operated by a government when it sank; and "(C) the associated contents of a craft referred to in subparagraph (A) or (B), if title thereto has not been abandoned or transferred by the government concerned. "(4) United states contiguous zone. - The term 'United States contiguous zone' means the contiguous zone of the United States under Presidential Proclamation 7219, dated September 2, 1999 [43 U.S.C. 1331 note]. "(5) United states internal waters. - The term 'United States internal waters' means all waters of the United States on the landward side of the baseline from which the breadth of the United States territorial sea is measured. "(6) United states territorial sea. - The term 'United States territorial sea' means the waters of the United States territorial sea under Presidential Proclamation 5928, dated December 27, 1988 [43 U.S.C. 1331 note]. "(7) United states waters. - The term 'United States waters' means United States internal waters, the United States territorial sea, and the United States contiguous zone." REPORTS ON WEAPONS AND AMMUNITION OBTAINED BY IRAQ Pub. L. 108-177, title III, Sec. 358, Dec. 13, 2003, 117 Stat. 2621, directed the Director of the Defense Intelligence Agency, not later than one year after Dec. 13, 2003, to submit preliminary and final reports to committees of Congress on information obtained by the Department of Defense and the intelligence community on the conventional weapons and ammunition obtained by Iraq in violation of applicable resolutions of the United Nations Security Council adopted since the invasion of Kuwait by Iraq in 1990. Pub. L. 108-136, div. A, title XII, Sec. 1204, Nov. 24, 2003, 117 Stat. 1649, directed the Secretary of Defense, not later than one year after Nov. 24, 2003, to submit to comittees of Congress a report on the acquisition by Iraq of weapons of mass destruction and associated delivery systems and the acquisition by Iraq of advanced conventional weapons. STUDIES OF FLEET PLATFORM ARCHITECTURES FOR THE NAVY Pub. L. 108-136, div. A, title II, Sec. 216, Nov. 24, 2003, 117 Stat. 1418, directed the Secretary of Defense to provide for the performance of two independent studies of alternative future fleet platform architectures for the Navy and to forward the results of each study to congressional defense committees not later than Jan. 15, 2005. REPORT REGARDING IMPACT OF CIVILIAN COMMUNITY ENCROACHMENT AND CERTAIN LEGAL REQUIREMENTS ON MILITARY INSTALLATIONS AND RANGES AND PLAN TO ADDRESS ENCROACHMENT Pub. L. 108-136, div. A, title III, Sec. 320, Nov. 24, 2003, 117 Stat. 1435, provided that: "(a) Study Required. - The Secretary of Defense shall conduct a study on the impact, if any, of the following types of encroachment issues affecting military installations and operational ranges: "(1) Civilian community encroachment on those military installations and ranges whose operational training activities, research, development, test, and evaluation activities, or other operational, test and evaluation, maintenance, storage, disposal, or other support functions require, or in the future reasonably may require, safety or operational buffer areas. The requirement for such a buffer area may be due to a variety of factors, including air operations, ordnance operations and storage, or other activities that generate or might generate noise, electro- magnetic interference, ordnance arcs, or environmental impacts that require or may require safety or operational buffer areas. "(2) Compliance by the Department of Defense with State Implementation Plans for Air Quality under section 110 of the Clean Air Act (42 U.S.C. 7410). "(3) Compliance by the Department of Defense with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). "(b) Matters To Be Included With Respect to Civilian Community Encroachments. - With respect to paragraph (1) of subsection (a), the study shall include the following: "(1) A list of all military installations described in subsection (a)(1) at which civilian community encroachment is occurring. "(2) A description and analysis of the types and degree of such civilian community encroachment at each military installation included on the list. "(3) An analysis, including views and estimates of the Secretary of Defense, of the current and potential future impact of such civilian community encroachment on operational training activities, research, development, test, and evaluation activities, and other significant operational, test and evaluation, maintenance, storage, disposal, or other support functions performed by military installations included on the list. The analysis shall include the following: "(A) A review of training and test ranges at military installations, including laboratories and technical centers of the military departments, included on the list. "(B) A description and explanation of the trends of such encroachment, as well as consideration of potential future readiness problems resulting from unabated encroachment. "(4) An estimate of the costs associated with current and anticipated partnerships between the Department of Defense and non-Federal entities to create buffer zones to preclude further development around military installations included on the list, and the costs associated with the conveyance of surplus property around such military installations for purposes of creating buffer zones. "(5) Options and recommendations for possible legislative or budgetary changes necessary to mitigate current and anticipated future civilian community encroachment problems. "(c) Matters To Be Included With Respect to Compliance With Specified Laws. - With respect to paragraphs (2) and (3) of subsection (a), the study shall include the following: "(1) A list of all military installations and other locations at which the Armed Forces are encountering problems related to compliance with the laws specified in such paragraphs. "(2) A description and analysis of the types and degree of compliance problems encountered. "(3) An analysis, including views and estimates of the Secretary of Defense, of the current and potential future impact of such compliance problems on the following functions performed at military installations: "(A) Operational training activities. "(B) Research, development, test, and evaluation activities. "(C) Other significant operational, test and evaluation, maintenance, storage, disposal, or other support functions. "(4) A description and explanation of the trends of such compliance problems, as well as consideration of potential future readiness problems resulting from such compliance problems. "(d) Plan to Respond to Encroachment Issues. - On the basis of the study conducted under subsection (a), including the specific matters required to be addressed by subsections (b) and (c), the Secretary of Defense shall prepare a plan to respond to the encroachment issues described in subsection (a) affecting military installations and operational ranges. "(e) Reporting Requirements. - The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the following reports regarding the study conducted under subsection (a), including the specific matters required to be addressed by subsections (b) and (c): "(1) Not later than January 31, 2004, an interim report describing the progress made in conducting the study and containing the information collected under the study as of that date. "(2) Not later than January 31, 2006, a report containing the results of the study and the encroachment response plan required by subsection (d). "(3) Not later than January 31, 2007, and each January 31 thereafter through January 31, 2010, a report describing the progress made in implementing the encroachment response plan." HIGH-PERFORMING ORGANIZATION BUSINESS PROCESS REENGINEERING PILOT PROGRAM Pub. L. 108-136, div. A, title III, Sec. 337, Nov. 24, 2003, 117 Stat. 1445, provided that: "(a) Pilot Program. - The Secretary of Defense shall establish a pilot program under which the Secretary concerned shall create, or continue the implementation of, high-performing organizations through the conduct of a Business Process Reengineering initiative at selected military installations and facilities under the jurisdiction of the Secretary concerned. "(b) Effect of Participation in Pilot Program. - (1) During the period of an organization's participation in the pilot program, including the periods referred to in paragraphs (2) and (3) of subsection (f), the Secretary concerned may not require the organization to undergo any Office of Management and Budget Circular A-76 competition or other public-private competition involving any function of the organization covered by the Business Process Reengineering initiative. The organization may elect to undergo such a competition as part of the initiative. "(2) Civilian employee or military personnel positions of the participating organization that are part of the Business Process Reengineering initiative shall be counted toward any numerical goals, target, or quota that the Secretary concerned is required or requested to meet during the term of the pilot program regarding the number of positions to be covered by public-private competitions. "(c) Eligible Organizations. - Subject to subsection (d), the Secretary concerned may select two types of organizations to participate in the pilot program: "(1) Organizations that underwent a Business Process Reengineering initiative within the preceding five years, achieved major performance enhancements under the initiative, and will be able to sustain previous or achieve new performance goals through the continuation of its existing or completed Business Process Reengineering plan. "(2) Organizations that have not undergone or have not successfully completed a Business Process Reengineering initiative, but which propose to achieve, and reasonably could reach, enhanced performance goals through implementation of a Business Process Reengineering initiative. "(d) Additional Eligibility Requirements. - (1) To be eligible for selection to participate in the pilot program under subsection (c)(1), an organization described in such subsection shall demonstrate, to the satisfaction of the Secretary concerned, the completion of a total organizational assessment that resulted in enhanced performance measures at least comparable to those performance measures that might be achieved through competitive sourcing. "(2) To be eligible for selection to participate in the pilot program under subsection (c)(2), an organization described in such subsection shall identify, to the satisfaction of the Secretary concerned - "(A) functions, processes, and measures to be studied under the Business Process Reengineering initiative; "(B) adequate resources to carry out the Business Process Reengineering initiative; and "(C) labor-management agreements in place to ensure effective implementation of the Business Process Reengineering initiative. "(e) Limitation on Number of Participants. - Total participants in the pilot program is limited to eight military installations and facilities, with some participants to be drawn from organizations described in subsection (c)(1) and some participants to be drawn from organizations described in subsection (c)(2). "(f) Implementation and Duration. - (1) The implementation and management of a Business Process Reengineering initiative under the pilot program shall be the responsibility of the commander of the military installation or facility at which the Business Process Reengineering initiative is carried out. "(2) An organization selected to participate in the pilot program shall be given a reasonable initial period, to be determined by the Secretary concerned, in which the organization must implement the Business Process Reengineering initiative. At the end of this period, the Secretary concerned shall determine whether the organization has achieved initial progress toward designation as a high-performing organization. In the absence of such progress, the Secretary concerned shall terminate the organization's participation in the pilot program. "(3) If an organization successfully completes implementation of the Business Process Reengineering initiative under paragraph (2), the Secretary concerned shall designate the organization as a high- performing organization and grant the organization an additional five-year period in which to achieve projected or planned efficiencies and savings under the pilot program. "(g) Reviews and Reports. - The Secretary concerned shall conduct annual performance reviews of the participating organizations or functions under the jurisdiction of the Secretary concerned. Reviews and reports shall evaluate organizational performance measures or functional performance measures and determine whether organizations are performing satisfactorily for purposes of continuing participation in the pilot program. "(h) Performance Measures. - Performance measures utilized in the pilot program should include the following, which shall be measured against organizational baselines determined before participation in the pilot program: "(1) Costs, savings, and overall financial performance of the organization. "(2) Organic knowledge, skills or expertise. "(3) Efficiency and effectiveness of key functions or processes. "(4) Efficiency and effectiveness of the overall organization. "(5) General customer satisfaction. "(i) Definitions. - In this section[:] "(1) The term 'Business Process Reengineering' refers to an organization's complete and thorough analysis and reengineering of mission and support functions and processes to achieve improvements in performance, including a fundamental reshaping of the way work is done to better support an organization's mission and reduce costs. "(2) The term 'high-performing organization' means an organization whose performance exceeds that of comparable providers, whether public or private. "(3) The term 'Secretary concerned' means the Secretary of a military department and the Secretary of Defense, with respect to matters concerning the Defense Agencies." ASSESSMENT BY SECRETARY OF DEFENSE Pub. L. 108-136, div. A, title V, Sec. 517(b), Nov. 24, 2003, 117 Stat. 1461, directed the Secretary of Defense to submit to committees of Congress, not later than one year after Nov. 24, 2003, a description of the effects on reserve component recruitment and retention that have resulted from calls and orders to active duty and the tempo of such service, an assessment of the process for calling and ordering reserve members to active duty, preparing such members for active duty, processing such members into the force, and deploying such members, and a description of changes in the Armed Forces envisioned by the Secretary of Defense. POLICY ON PUBLIC IDENTIFICATION OF CASUALTIES Pub. L. 108-136, div. A, title V, Sec. 546, Nov. 24, 2003, 117 Stat. 1479, provided that: "(a) Requirement for Policy. - Not later than 180 days after the date of the enactment of this Act [Nov. 24, 2003], the Secretary of Defense shall prescribe the policy of the Department of Defense on public release of the name or other personally identifying information of any member of the Army, Navy, Air Force, or Marine Corps who while on active duty or performing inactive-duty training is killed or injured, whose duty status becomes unknown, or who is otherwise considered to be a casualty. "(b) Guidance on Timing of Release. - The policy under subsection (a) shall include guidance for ensuring that any public release of information on a member under the policy occurs only after the lapse of an appropriate period following notification of the next- of-kin regarding the casualty status of such member." PLAN FOR PROMPT GLOBAL STRIKE CAPABILITY Pub. L. 110-181, div. A, title II, Sec. 243, Jan. 28, 2008, 122 Stat. 51, provided that: "(a) Research, Development, and Testing Plan. - 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 research, development, and testing plan for prompt global strike program objectives for fiscal years 2008 through 2013. "(b) Plan for Obligation and Expenditure of Funds. - "(1) In general. - The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for obligation and expenditure of funds available for prompt global strike for fiscal year 2008. The plan shall include correlations between each technology application being developed in fiscal year 2008 and the prompt global strike alternative or alternatives toward which the technology application applies. "(2) Limitation. - The Under Secretary shall not implement the plan required by paragraph (1) until at least 10 days after the plan is submitted as required by that paragraph." Pub. L. 108-136, div. A, title X, Sec. 1032, Nov. 24, 2003, 117 Stat. 1605, as amended by Pub. L. 110-181, div. A, title X, Sec. 1043, Jan. 28, 2008, 122 Stat. 311, provided that: "(a) Integrated Plan for Prompt Global Strike Capability. - The Secretary of Defense shall establish an integrated plan for developing, deploying, and sustaining a prompt global strike capability in the Armed Forces. The Secretary shall update the plan annually. "(b) Annual Reports. - (1) Not later than April 1 of each of 2004, 2005, and 2006, and each of 2007, 2008, and 2009, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a report on the plan established under subsection (a). "(2) Each report under paragraph (1) shall include the following: "(A) A description and assessment of the targets against which long-range strike assets might be directed and the conditions under which those assets might be used. "(B) The role of, and plans for ensuring, sustainment and modernization of current long-range strike assets, including bombers, intercontinental ballistic missiles, and submarine- launched ballistic missiles. "(C) A description of the capabilities desired for advanced long-range strike assets and plans to achieve those capabilities. "(D) A description of the capabilities desired for advanced conventional munitions and the plans to achieve those capabilities. "(E) An assessment of advanced nuclear concepts that could contribute to the prompt global strike mission. "(F) An assessment of the command, control, and communications capabilities necessary to support prompt global strike capabilities. "(G) An assessment of intelligence, surveillance, and reconnaissance capabilities necessary to support prompt global strike capabilities. "(H) A description of how prompt global strike capabilities are to be integrated with theater strike capabilities. "(I) An estimated schedule for achieving the desired prompt global strike capabilities. "(J) The estimated cost of achieving the desired prompt global strike capabilities. "(K) A description of ongoing and future studies necessary for updating the plan appropriately." REPORTS ON MILITARY OPERATIONS AND RECONSTRUCTION ACTIVITIES IN IRAQ AND AFGHANISTAN Pub. L. 109-13, div. A, title I, Sec. 1024(c), May 11, 2005, 119 Stat. 253, provided that: "(1) Each semiannual report to Congress required under a provision of law referred to in paragraph (2) shall include, in addition to the matters specified in the applicable provision of law, the following: "(A) A statement of the cumulative total of all amounts obligated, and of all amounts expended, as of the date of such report for Operation Enduring Freedom. "(B) A statement of the cumulative total of all amounts obligated, and of all amounts expended, as of the date of such report for Operation Iraqi Freedom. "(C) An estimate of the reasonably foreseeable costs for ongoing military operations to be incurred during the 12-month period beginning on the date of such report. "(2) The provisions of law referred to in this paragraph are as follows: "(A) Section 1120 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1219; 10 U.S.C. 113 note). "(B) Section 9010 of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1008; 10 U.S.C. 113 note)." Pub. L. 108-287, title IX, Sec. 9010, Aug. 5, 2004, 118 Stat. 1008, as amended by Pub. L. 108-324, div. B, Sec. 306, Oct. 13, 2004, 118 Stat. 1243, provided that: "(a) Not later than April 30 and October 31 of each year, the Secretary of Defense shall submit to Congress a report on the military operations of the Armed Forces and the reconstruction activities of the Department of Defense in Iraq and Afghanistan. "(b) Each report shall include the following information: "(1) For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities. "(2) An assessment of the progress made toward preventing attacks on United States personnel. "(3) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces. "(4) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces. "(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan. "(6) The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report. "(7) The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12302 of title 10, United States Code. "(8) For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12302 of title 10, United States Code, the following information: "(A) The unit. "(B) The projected date of return of the unit to its home station. "(C) The extent (by percentage) to which the forces deployed within the United States and outside the United States in support of a contingency operation are composed of reserve component forces." Pub. L. 108-106, title I, Sec. 1120, Nov. 6, 2003, 117 Stat. 1219, provided that: "(a) Not later than April 30 and October 31 of each year, the Secretary of Defense shall submit to Congress a report on the military operations of the Armed Forces and the reconstruction activities of the Department of Defense in Iraq and Afghanistan. "(b) Each report shall include the following information: "(1) For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities. "(2) An assessment of the progress made toward preventing attacks on United States personnel. "(3) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces. "(4) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces. "(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan. "(6) The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report. "(7) The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12304 of title 10, United States Code. "(8) For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12304 of title 10, United States Code, the following information: "(A) The unit. "(B) The projected date of return of the unit to its home station. "(C) The extent (by percentage) to which the forces deployed within the United States and outside the United States in support of a contingency operation are composed of reserve component forces." UNIFORM FINANCIAL MANAGEMENT SYSTEM FOR DEPARTMENT OF DEFENSE TEST AND EVALUATION FACILITIES Pub. L. 107-314, div. A, title II, Sec. 233, Dec. 2, 2002, 116 Stat. 2490, provided that: "(a) Requirement for System. - The Secretary of Defense shall implement a single financial management and accounting system for all test and evaluation facilities of the Department of Defense. The Secretary shall implement such system as soon as practicable, and shall establish the objective that such system be implemented not later than September 30, 2006. "(b) System Features. - The system required by subsection (a) shall be designed to achieve, at a minimum, the following functional objectives: "(1) Enable managers within the Department of Defense to compare the costs of carrying out test and evaluation activities in the various facilities of the military departments. "(2) Enable the Secretary of Defense - "(A) to make prudent investment decisions; and "(B) to reduce the extent to which unnecessary costs of owning and operating test and evaluation facilities of the Department of Defense are incurred. "(3) Enable the Department of Defense to track the total cost of test and evaluation activities. "(4) Comply with the financial management architecture established by the Secretary." TRAINING RANGE SUSTAINMENT PLAN, GLOBAL STATUS OF RESOURCES AND TRAINING SYSTEM, AND TRAINING RANGE INVENTORY Pub. L. 107-314, div. A, title III, Sec. 366, Dec. 2, 2002, 116 Stat. 2522, as amended by Pub. L. 109-364, div. A, title III, Sec. 348, Oct. 17, 2006, 120 Stat. 2159; Pub. L. 110-181, div. A, title X, Sec. 1063(c)(2), Jan. 28, 2008, 122 Stat. 322, provided that: "(a) Plan Required. - (1) The Secretary of Defense shall develop a comprehensive plan for using existing authorities available to the Secretary of Defense and the Secretaries of the military departments to address training constraints caused by limitations on the use of military lands, marine areas, and airspace that are available in the United States and overseas for training of the Armed Forces. "(2) As part of the preparation of the plan, the Secretary of Defense shall conduct the following: "(A) An assessment of current and future training range requirements of the Armed Forces. "(B) An evaluation of the adequacy of current Department of Defense resources (including virtual and constructive training assets as well as military lands, marine areas, and airspace available in the United States and overseas) to meet those current and future training range requirements. "(3) The plan shall include the following: "(A) Proposals to enhance training range capabilities and address any shortfalls in current Department of Defense resources identified pursuant to the assessment and evaluation conducted under paragraph (2). "(B) Goals and milestones for tracking planned actions and measuring progress. "(C) Projected funding requirements for implementing planned actions. "(D) Designation of an office in the Office of the Secretary of Defense and in each of the military departments that will have lead responsibility for overseeing implementation of the plan. "(4) At the same time as the President submits to Congress the budget for fiscal year 2004, the Secretary of Defense shall submit to Congress a report describing the progress made in implementing this subsection, including - "(A) the plan developed under paragraph (1); "(B) the results of the assessment and evaluation conducted under paragraph (2); and "(C) any recommendations that the Secretary may have for legislative or regulatory changes to address training constraints identified pursuant to this section. "(5) At the same time as the President submits to Congress the budget for each of fiscal years 2005 through 2013, the Secretary shall submit to Congress a report describing the progress made in implementing the plan and any additional actions taken, or to be taken, to address training constraints caused by limitations on the use of military lands, marine areas, and airspace. "(b) Readiness Reporting Improvement. - Not later than June 30, 2003, the Secretary of Defense, using existing measures within the authority of the Secretary, shall submit to Congress a report on the plans of the Department of Defense to improve the Global Status of Resources and Training System to reflect the readiness impact that training constraints caused by limitations on the use of military lands, marine areas, and airspace have on specific units of the Armed Forces. "(c) Training Range Inventory. - (1) The Secretary of Defense shall develop and maintain a training range inventory for each of the Armed Forces - "(A) to identify all available operational training ranges; "(B) to identify all training capacities and capabilities available at each training range; and "(C) to identify training constraints caused by limitations on the use of military lands, marine areas, and airspace at each training range. "(2) The Secretary of Defense shall submit an initial inventory to Congress at the same time as the President submits the budget for fiscal year 2004 and shall submit an updated inventory to Congress at the same time as the President submits the budget for fiscal years 2005 through 2013. "(d) GAO Evaluation. - The Secretary of Defense shall transmit copies of each report required by subsections (a) and (b) to the Comptroller General. Within 90 days of receiving a report, the Comptroller General shall submit to Congress an evaluation of the report. "(e) Armed Forces Defined. - In this section, the term 'Armed Forces' means the Army, Navy, Air Force, and Marine Corps." [Pub. L. 109-364, Sec. 348(2), as amended by Pub. L. 110-181, Sec. 1063(c)(2), which directed amendment of section 366(d) of Pub. L. 107-314, set out above, by substituting "within 90 days of receiving a report" for "within 60 days after receiving a report", was executed by substituting "Within 90 days of receiving a report" for "Within 60 days after receiving a report" to reflect the probable intent of Congress.] DEVELOPMENT AND IMPLEMENTATION OF FINANCIAL MANAGEMENT ENTERPRISE ARCHITECTURE Pub. L. 107-314, div. A, title X, Sec. 1004, Dec. 2, 2002, 116 Stat. 2629, which required Secretary of Defense to develop a financial management enterprise architecture for all budgetary, accounting, finance, enterprise resource planning, and mixed information systems of the Department of Defense by May 1, 2003, was repealed by Pub. L. 108-375, div. A, title III, Sec. 332(f), Oct. 28, 2004, 118 Stat. 1856. RELIABILITY OF DEPARTMENT OF DEFENSE FINANCIAL STATEMENTS Pub. L. 107-107, div. A, title X, Sec. 1008, Dec. 28, 2001, 115 Stat. 1204, provided that: "(a) Annual Report on Reliability. - (1) Not later than September 30 of each year but subject to subsection (f), the Secretary of Defense shall submit to the recipients specified in paragraph (3) a report on the reliability of the Department of Defense financial statements, including the financial statements of each component of the Department that is required to prepare a financial statement under section 3515(c) of title 31, United States Code. "(2) The annual report shall contain the following: "(A) A conclusion regarding whether the policies and procedures of the Department of Defense, and the systems used within the Department of Defense, for the preparation of financial statements allow the achievement of reliability in those financial statements. "(B) For each of the financial statements prepared for the Department of Defense for the fiscal year in which the report is submitted, a conclusion regarding the expected reliability of the financial statement (evaluated on the basis of Office of Management and Budget guidance on financial statements), together with a discussion of the major deficiencies to be expected in the statement. "(C) A summary of the specific sections of the annual Financial Management Improvement Plan of the Department of Defense, current as of the date of the report, that - "(i) detail the priorities, milestones, and measures of success that apply to the preparation of the financial statements; "(ii) detail the planned improvements in the process for the preparation of financial statements that are to be implemented within 12 months after the date on which the plan is issued; and "(iii) provide an estimate of when each financial statement will convey reliable information. "(3) The annual report shall be submitted to the following: "(A) The Committee on Armed Services and the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate. "(B) The Committee on Armed Services and the Committee on Government Reform [now Committee on Oversight and Government Reform] of the House of Representatives. "(C) The Director of the Office of Management and Budget. "(D) The Secretary of the Treasury. "(E) The Comptroller General of the United States. "(4) The Secretary of Defense shall make a copy of the annual report available to the Inspector General of the Department of Defense. "(b) Minimization of Use of Resources for Unreliable Financial Statements. - (1) With respect to each financial statement for a fiscal year that the Secretary of Defense assesses as being expected to be unreliable in the annual report under subsection (a), the Under Secretary of Defense (Comptroller) shall take appropriate actions to minimize, consistent with the benefits to be derived, the resources (including contractor support) that are used to develop, compile, and report the financial statement. "(2) With the annual budget justifications for the Department of Defense submitted to Congress each year, the Under Secretary of Defense (Comptroller) shall submit, with respect to the fiscal year in which submitted, the preceding fiscal year, and the following fiscal year, the following information: "(A) An estimate of the resources that the Department of Defense is saving or expects to save as a result of actions taken and to be taken under paragraph (1) with respect to the preparation of financial statements. "(B) A discussion of how the resources saved as estimated under subparagraph (A) have been redirected or are to be redirected from the preparation of financial statements to the improvement of systems underlying financial management within the Department of Defense and to the improvement of financial management policies, procedures, and internal controls within the Department of Defense. "(c) Information to Auditors. - Not later than October 31 of each year, the Under Secretary of Defense (Comptroller) and the Assistant Secretary of each military department with responsibility for financial management and comptroller functions shall each provide to the auditors of the financial statement of that official's department for the fiscal year ending during the preceding month that official's preliminary management representation, in writing, regarding the expected reliability of the financial statement. The representation shall be consistent with guidance issued by the Director of the Office of Management and Budget and shall include the basis for the reliability assessment stated in the representation. "(d) Limitation on Inspector General Audits. - (1) On each financial statement that an official asserts is unreliable under subsection (b) or (c), the Inspector General of the Department of Defense shall only perform the audit procedures required by generally accepted government auditing standards consistent with any representation made by management. "(2) With the annual budget justifications for the Department of Defense submitted to Congress each year, the Under Secretary of Defense (Comptroller) shall submit, with respect to the fiscal year in which submitted, the preceding fiscal year, and the following fiscal year, information which the Inspector General shall report to the Under Secretary, as follows: "(A) An estimate of the resources that the Inspector General is saving or expects to save as a result of actions taken and to be taken under paragraph (1) with respect to the auditing of financial statements. "(B) A discussion of how the resources saved as estimated under subparagraph (A) have been redirected or are to be redirected from the auditing of financial statements to the oversight and improvement of systems underlying financial management within the Department of Defense and to the oversight and improvement of financial management policies, procedures, and internal controls within the Department of Defense. "(e) Effective Date. - The requirements of this section shall apply with respect to financial statements for fiscal years after fiscal year 2001 and to the auditing of those financial statements. "(f) Termination of Applicability. - If the Secretary of Defense certifies to the Inspector General of the Department of Defense that the financial statement for the Department of Defense, or a financial statement for a component of the Department of Defense, for a fiscal year is reliable, this section shall not apply with respect to that financial statement or to any successive financial statement for the Department of Defense, or for that component, as the case may be, for any later fiscal year." ANNUAL REPORT ON THE CONDUCT OF MILITARY OPERATIONS CONDUCTED AS PART OF OPERATION ENDURING FREEDOM Pub. L. 107-314, div. A, title X, Sec. 1043, Dec. 2, 2002, 116 Stat. 2646, provided that: "(a) Reports Required. - (1) The Secretary of Defense shall submit to the congressional committees specified in subsection (d) an annual report on the conduct of military operations conducted as part of Operation Enduring Freedom. The first report, which shall include a definition of the military operations carried out as part of Operation Enduring Freedom, shall be submitted not later than June 15, 2003. Subsequent reports shall be submitted not later than June 15 each year, and the final report shall be submitted not later than 180 days after the date (as determined by the Secretary of Defense) of the cessation of hostilities undertaken as part of Operation Enduring Freedom. "(2) Each report under this section shall be prepared in consultation with the Chairman of the Joint Chiefs of Staff, the commander of the United States Central Command, the Director of Central Intelligence, and such other officials as the Secretary considers appropriate. "(3) Each such report shall be submitted in both a classified form and an unclassified form, as necessary. "(b) Special Matters To Be Included. - Each report under this section shall include the following: "(1) A discussion of the command, control, coordination, and support relationship between United States special operations forces and Central Intelligence Agency elements participating in Operation Enduring Freedom and any lessons learned from the joint conduct of operations by those forces and elements. "(2) Recommendations to improve operational readiness and effectiveness of these forces and elements. "(c) Other Matters To Be Included. - Each report under this section shall include a discussion, with a particular emphasis on accomplishments and shortcomings, of the following matters with respect to Operation Enduring Freedom: "(1) The political and military objectives of the United States. "(2) The military strategy of the United States to achieve those political and military objectives. "(3) The concept of operations, including any new operational concepts, for the operation. "(4) The benefits and disadvantages of operating with local opposition forces. "(5) The benefits and disadvantages of operating in a coalition with the military forces of allied and friendly nations. "(6) The cooperation of nations in the region for overflight, basing, command and control, and logistic and other support. "(7) The conduct of relief operations both during and after the period of hostilities. "(8) The conduct of close air support (CAS), particularly with respect to the timeliness, efficiency, and effectiveness of such support. "(9) The use of unmanned aerial vehicles for intelligence, surveillance, reconnaissance, and combat support to operational forces. "(10) The use and performance of United States and coalition military equipment, weapon systems, and munitions. "(11) The effectiveness of reserve component forces, including their use and performance in the theater of operations. "(12) The importance and effectiveness of the International Security Assistance Force. "(13) The importance and effectiveness of United States civil affairs forces. "(14) The anticipated duration of the United States military presence in Afghanistan. "(15) The most critical lessons learned that could lead to long- term doctrinal, organizational, and technological changes. "(d) Congressional Committees. - The committees referred to in subsection (a)(1) are the following: "(1) The Committee on Armed Services and the Select Committee on Intelligence of the Senate. "(2) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives." [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of Title 50, War and National Defense.] COMPREHENSIVE PLAN FOR IMPROVING THE PREPAREDNESS OF MILITARY INSTALLATIONS FOR TERRORIST INCIDENTS Pub. L. 107-314, div. A, title XIV, Sec. 1402, Dec. 2, 2002, 116 Stat. 2675, provided that: "(a) Comprehensive Plan. - The Secretary of Defense shall develop a comprehensive plan for improving the preparedness of military installations for preventing and responding to terrorist attacks, including attacks involving the use or threat of use of weapons of mass destruction. "(b) Preparedness Strategy. - The plan under subsection (a) shall include a preparedness strategy that includes each of the following: "(1) Identification of long-term goals and objectives for improving the preparedness of military installations for preventing and responding to terrorist attacks. "(2) Identification of budget and other resource requirements necessary to achieve those goals and objectives. "(3) Identification of factors beyond the control of the Secretary that could impede the achievement of those goals and objectives. "(4) A discussion of the extent to which local, regional, or national military response capabilities are to be developed, integrated, and used. "(5) A discussion of how the Secretary will coordinate the capabilities referred to in paragraph (4) with local, regional, or national civilian and other military capabilities. "(c) Performance Plan. - The plan under subsection (a) shall include a performance plan that includes each of the following: "(1) A reasonable schedule, with milestones, for achieving the goals and objectives of the strategy under subsection (b). "(2) Performance criteria for measuring progress in achieving those goals and objectives. "(3) A description of the process, together with a discussion of the resources, necessary to achieve those goals and objectives. "(4) A description of the process for evaluating results in achieving those goals and objectives. "(d) Submittal to Congress. - The Secretary shall submit the comprehensive plan developed under subsection (a) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 180 days after the date of the enactment of this Act [Dec. 2, 2002]. "(e) Comptroller General Review and Report. - Not later than 60 days after the date on which the Secretary submits the comprehensive plan under subsection (a), the Comptroller General shall review the plan and submit to the committees referred to in subsection (d) the Comptroller General's assessment of the plan. "(f) Annual Report. - (1) In each of 2004, 2005, and 2006, the Secretary of Defense shall include a report on the comprehensive plan developed under subsection (a) with the materials that the Secretary submits to Congress in support of the budget submitted by the President that year pursuant to section 1105(a) of title 31, United States Code. "(2) Each such report shall include - "(A) a discussion of any revision that the Secretary has made in the comprehensive plan developed under subsection (a) since the last report under this subsection or, in the case of the first such report, since the plan was submitted under subsection (d); and "(B) an assessment of the progress made in achieving the goals and objectives of the strategy set forth in the plan. "(3) If the Secretary includes in the report for 2004 or 2005 under this subsection a declaration that the goals and objectives of the preparedness strategy set forth in the comprehensive plan have been achieved, no further report is required under this subsection." POLICY CONCERNING RIGHTS OF INDIVIDUALS WHOSE NAMES HAVE BEEN ENTERED INTO DEPARTMENT OF DEFENSE OFFICIAL CRIMINAL INVESTIGATIVE REPORTS Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 552], Oct. 30, 2000, 114 Stat. 1654, 1654A-125, provided that: "(a) Policy Requirement. - The Secretary of Defense shall establish a policy creating a uniform process within the Department of Defense that - "(1) affords any individual who, in connection with the investigation of a reported crime, is designated (by name or by any other identifying information) as a suspect in the case in any official investigative report, or in a central index for potential retrieval and analysis by law enforcement organizations, an opportunity to obtain a review of that designation; and "(2) requires the expungement of the name and other identifying information of any such individual from such report or index in any case in which it is determined the entry of such identifying information on that individual was made contrary to Department of Defense requirements. "(b) Effective Date. - The policy required by subsection (a) shall be established not later than 120 days after the date of the enactment of this Act [Oct. 30, 2000]." TEST OF ABILITY OF RESERVE COMPONENT INTELLIGENCE UNITS AND PERSONNEL TO MEET CURRENT AND EMERGING DEFENSE INTELLIGENCE NEEDS Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 576], Oct. 30, 2000, 114 Stat. 1654, 1654A-138, directed the Secretary of Defense to conduct a three-year test program to determine the most effective peacetime structure and operational employment of reserve component intelligence assets and to establish a means to coordinate and transition the peacetime intelligence support network into use for meeting wartime needs, and to submit to Congress interim and final reports on such program not later than Dec. 1, 2004. STUDY ON CIVILIAN PERSONNEL SERVICES Pub. L. 106-398, Sec. 1 [[div. A], title XI, Sec. 1105], Oct. 30, 2000, 114 Stat. 1654, 1654A-311, directed the Secretary of Defense to conduct a study to assess the manner in which personnel services were provided for civilian personnel in the Department of Defense and to submit a report on such study to committees of Congress not later than Jan. 1, 2002. PILOT PROGRAM FOR REENGINEERING EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROCESS Pub. L. 106-398, Sec. 1 [[div. A], title XI, Sec. 1111], Oct. 30, 2000, 114 Stat. 1654, 1654A-312, directed the Secretary of Defense to carry out a three-year pilot program to improve processes for the resolution of equal employment opportunity complaints by civilian employees of the Department of Defense, and directed the Comptroller General to submit to Congress a report on such program not later than 90 days following the end of the first and last full or partial fiscal years during which such program had been implemented. WORK SAFETY DEMONSTRATION PROGRAM Pub. L. 106-398, Sec. 1 [[div. A], title XI, Sec. 1112], Oct. 30, 2000, 114 Stat. 1654, 1654A-313, as amended by Pub. L. 107-314, div. A, title III, Sec. 363, Dec. 2, 2002, 116 Stat. 2520, directed the Secretary of Defense to carry out a defense employees work safety demonstration program under which work safety models used by employers in the private sector would be adopted and any improvement to work safety records would be assessed, directed that such program would terminate on Sept. 30, 2003, and required the Secretary to submit interim and final reports on such program to committees of Congress not later than Dec. 1, 2003. GAO STUDY ON BENEFITS AND COSTS OF UNITED STATES MILITARY ENGAGEMENT IN EUROPE Pub. L. 106-398, Sec. 1 [[div. A], title XII, Sec. 1223], Oct. 30, 2000, 114 Stat. 1654, 1654A-328, directed the Comptroller General to conduct a study assessing the benefits and costs to the United States and United States national security interests of the engagement of United States forces in Europe and of United States military strategies used to shape the international security environment in Europe and to submit to committees of Congress a report on the results of such study not later than Dec. 1, 2001. ESTABLISHMENT OF LOGISTICS STANDARDS FOR SUSTAINED MILITARY OPERATIONS Pub. L. 106-65, div. A, title III, Sec. 366, Oct. 5, 1999, 113 Stat. 578, provided that: "(a) Establishment of Standards. - The Secretary of each military department shall establish, for deployable units of each of the Armed Forces under the jurisdiction of the Secretary, standards regarding - "(1) the level of spare parts that the units must have on hand; and "(2) similar logistics and sustainment needs of the units. "(b) Basis for Standards. - The standards to be established for a unit under subsection (a) shall be based upon the following: "(1) The unit's wartime mission, as reflected in the war- fighting plans of the relevant combatant commanders. "(2) An assessment of the likely requirement for sustained operations under each such war-fighting plan. "(3) An assessment of the likely requirement for that unit to conduct sustained operations in an austere environment, while drawing exclusively on its own internal logistics capabilities. "(c) Sufficiency Capabilities. - The standards to be established by the Secretary of a military department under subsection (a) shall reflect those spare parts and similar logistics capabilities that the Secretary considers sufficient for the units of each of the Armed Forces under the Secretary's jurisdiction to successfully execute their missions under the conditions described in subsection (b). "(d) Relation to Readiness Reporting System. - The standards established under subsection (a) shall be taken into account in designing the comprehensive readiness reporting system for the Department of Defense required by section 117 of title 10, United States Code, and shall be an element in determining a unit's readiness status. "(e) Relation to Annual Funding Needs. - The Secretary of Defense shall consider the standards established under subsection (a) in establishing the annual funding requirements for the Department of Defense. "(f) Reporting Requirement. - The Secretary of Defense shall include in the annual report required by section 113(c) of title 10, United States Code, an analysis of the then current spare parts, logistics, and sustainment standards of the Armed Forces, as described in subsection (a), including any shortfalls and the cost of addressing these shortfalls." USE OF SMART CARD TECHNOLOGY IN THE DEPARTMENT OF DEFENSE Pub. L. 106-65, div. A, title III, Sec. 373(a)-(g), Oct. 5, 1999, 113 Stat. 580, 581, provided that: "(a) Department of Navy as Lead Agency. - The Department of the Navy shall serve as the lead agency for the development and implementation of a Smart Card program for the Department of Defense. "(b) Cooperation of Other Military Departments. - The Department of the Army and the Department of the Air Force shall each establish a project office and cooperate with the Department of the Navy to develop implementation plans for exploiting the capability of Smart Card technology as a means for enhancing readiness and improving business processes throughout the military departments. "(c) Senior Coordinating Group. - (1) Not later than November 30, 1999, the Secretary of Defense shall establish a senior coordinating group to develop and implement - "(A) Department-wide interoperability standards for use of Smart Card technology; and "(B) a plan to exploit Smart Card technology as a means for enhancing readiness and improving business processes. "(2) The senior coordinating group shall be chaired by a representative of the Secretary of the Navy and shall include senior representatives from each of the Armed Forces and such other persons as the Secretary of Defense considers appropriate. "(3) Not later than March 31, 2000, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing a detailed discussion of the progress made by the senior coordinating group in carrying out its duties. "(d) Role of Department of Defense Chief Information Office. - The senior coordinating group established under subsection (c) shall report to and receive guidance from the Department of Defense Chief Information Office. "(e) Increased Use Targeted to Certain Naval Regions. - Not later than November 30, 1999, the Secretary of the Navy shall establish a business plan to implement the use of Smart Cards in one major Naval region of the continental United States that is in the area of operations of the United States Atlantic Command and one major Naval region of the continental United States that is in the area of operations of the United States Pacific Command. The regions selected shall include a major fleet concentration area. The implementation of the use of Smart Cards in each region shall cover the Navy and Marine Corps bases and all non-deployed units in the region. The Secretary of the Navy shall submit the business plan to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]. "(f) Funding for Increased Use of Smart Cards. - Of the funds authorized to be appropriated for the Navy by section 102(a)(4) [113 Stat. 530] or 301(2) [113 Stat. 557], the Secretary of the Navy - "(1) shall allocate such amounts as may be necessary, but not to exceed $30,000,000, to ensure that significant progress is made toward complete implementation of the use of Smart Card technology in the Department of the Navy; and "(2) may allocate additional amounts for the conversion of paper-based records to electronic media for records systems that have been modified to use Smart Card technology. "(g) Definitions. - In this section: "(1) The term 'Smart Card' means a credit card-size device, normally for carrying and use by personnel, that contains one or more integrated circuits and may also employ one or more of the following technologies: "(A) Magnetic stripe. "(B) Bar codes, linear or two-dimensional. "(C) Non-contact and radio frequency transmitters. "(D) Biometric information. "(E) Encryption and authentication. "(F) Photo identification. "(2) The term 'Smart Card technology' means a Smart Card together with all of the associated information technology hardware and software that comprise the system for support and operation." SECRETARY OF DEFENSE REVIEW OF ARMY TECHNICIAN COSTING PROCESS Pub. L. 106-65, div. A, title V, Sec. 526, Oct. 5, 1999, 113 Stat. 600, required Secretary of Defense to review process used by the Army to develop estimates of annual authorizations and appropriations required for civilian personnel of Department of the Army generally and for National Guard and Army Reserve technicians in particular and to report on results of review to the Committees on Armed Services of the Senate and House of Representatives not later than Mar. 31, 2000. SURVEY OF MEMBERS LEAVING MILITARY SERVICE ON ATTITUDES TOWARD MILITARY SERVICE Pub. L. 106-65, div. A, title V, Sec. 581, Oct. 5, 1999, 113 Stat. 633, directed the Secretary of Defense to develop and implement a survey on attitudes toward military service to be completed by all members of the Armed Forces