10 USC 111: Executive department

10 USC 111: Executive department Text contains those laws in effect on January 2, 2001

From Title 10-ARMED FORCESSubtitle A-General Military LawPART I-ORGANIZATION AND GENERAL MILITARY POWERSCHAPTER 2-DEPARTMENT OF DEFENSE

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§111. Executive department

(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.

(Added Pub. L. 87–651, title II, §202, Sept. 7, 1962, 76 Stat. 517 , §131; renumbered §111 and amended Pub. L. 99–433, title I, §101(a)(2), (b), Oct. 1, 1986, 100 Stat. 994 , 995.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
131	5:171(a) (less last 10 words), (b).	July 26, 1947, ch. 343, §201(a) (less last 10 words), (b); restated Aug. 10, 1949, ch. 412, §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 of Name

Pub. L. 104–106, div. A, title IX, §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."

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

Missions and functions of elements of Department of Defense as specified in classified annex to Pub. L. 104–201, and related personnel, assets, and balances of appropriations and authorizations of appropriations, transferred to National Imagery and Mapping Agency, see sections 1111 and 1113 of Pub. L. 104–201, set out as notes under section 441 of this title.

Commission 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, §1 [[div. A], title X, §1091], Oct. 30, 2000, 114 Stat. 1654 , 1654A-300, provided that:

"SEC. 1621. ESTABLISHMENT OF COMMISSION.

"(a) Establishment.-There is hereby established a commission known as the Commission To Assess United States National Security Space Management and Organization (in this subtitle referred to as the 'Commission').

"(b) Composition.-The Commission shall be composed of 13 members appointed as follows:

"(1) Four members shall be appointed by the chairman of the Committee on Armed Services of the Senate.

"(2) Four members shall be appointed by the chairman of the Committee on Armed Services of the House of Representatives.

"(3) Three members shall be appointed jointly by the ranking minority member of the Committee on Armed Services of the Senate and the ranking minority member of the Committee on Armed Services of the House of Representatives.

"(4) Two members shall be appointed by the Secretary of Defense, in consultation with the Director of Central Intelligence.

"(c) Qualifications.-Members of the Commission shall be appointed from among private citizens of the United States who have knowledge and expertise in the areas of national security space policy, programs, organizations, and future national security concepts.

"(d) Chairman.-The chairman of the Committee on Armed Services of the Senate, after consultation with the chairman of the Armed Services Committee of the House of Representatives and the ranking minority members of the Committees on Armed Services of the House of Representatives and the Senate, shall designate one of the members of the Commission to serve as chairman of the Commission.

"(e) Period of Appointment; Vacancies.-Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment.

"(f) Security Clearances.-All members of the Commission shall hold appropriate security clearances.

"(g) Initial Organization Requirements.-(1) All appointments to the Commission shall be made not later than 90 days after the date of the enactment of this Act [Oct. 5, 1999].

"(2) The Commission shall convene its first meeting not later than 60 days after the date as of which all members of the Commission have been appointed, but not earlier than October 15, 1999.

"SEC. 1622. DUTIES OF COMMISSION.

"(a) Assessment of United States National Security Space Management and Organization.-The Commission shall, concerning changes to be implemented over the near-term, medium-term, and long-term that would strengthen United States national security, assess the following:

"(1) The manner in which military space assets may be exploited to provide support for United States military operations.

"(2) The current interagency coordination process regarding the operation of national security space assets, including identification of interoperability and communications issues.

"(3) The relationship between the intelligence and nonintelligence aspects of national security space (so-called 'white space' and 'black space'), and the potential costs and benefits of a partial or complete merger of the programs, projects, or activities that are differentiated by those two aspects.

"(4) The manner in which military space issues are addressed by professional military education institutions.

"(5) The potential costs and benefits of establishing any of the following:

"(A) An independent military department and service dedicated to the national security space mission.

"(B) A corps within the Air Force dedicated to the national security space mission.

"(C) A position of Assistant Secretary of Defense for Space within the Office of the Secretary of Defense.

"(D) A new major force program, or other budget mechanism, for managing national security space funding within the Department of Defense.

"(E) Any other change to the existing organizational structure of the Department of Defense for national security space management and organization.

"(6) The advisability of-

"(A) various actions to eliminate the de facto requirement that specified officers in the United States Space Command be flight rated that results from the dual assignment of officers to that command and to one or more other commands in positions in which such officers are expressly required to be flight rated;

"(B) the establishment of a requirement that, as a condition of the assignment of a general or flag officer to the United States Space Command, the officer have experience in space, missile, or information operations that was gained through either acquisition or operational experience; and

"(C) rotating the command of the United States Space Command among the Armed Forces.

"(b) Cooperation From Government Officials.-In carrying out its duties, the Commission should receive the full and timely cooperation of the Secretary of Defense, the Director of Central Intelligence, and any other United States Government official responsible for providing the Commission with analyses, briefings, and other information necessary for the fulfillment of its responsibilities.

"SEC. 1623. REPORT.

"The Commission shall, not later than six months after the date of its first meeting, submit to Congress and to the Secretary of Defense a report on its findings and conclusions.

"SEC. 1624. ASSESSMENT BY THE SECRETARY OF DEFENSE.

"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 an assessment of the Commission's findings not later than 90 days after the submission of the Commission's report.

"SEC. 1625. POWERS.

"(a) Hearings.-The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this subtitle, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable.

"(b) Information.-The Commission may secure directly from the Department of Defense, the other departments and agencies of the intelligence community, and any other Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its responsibilities under this subtitle.

"SEC. 1626. COMMISSION PROCEDURES.

"(a) Meetings.-The Commission shall meet at the call of the chairman.

"(b) Quorum.-(1) Seven members of the Commission shall constitute a quorum other than for the purpose of holding hearings.

"(2) The Commission shall act by resolution agreed to by a majority of the members of the Commission.

"(c) Commission.-The Commission may establish panels composed of less than full membership of the Commission for the purpose of carrying out the Commission's duties. The actions of each such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.

"(d) Authority of Individuals To Act for Commission.-Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this subtitle.

"SEC. 1627. PERSONNEL MATTERS.

"(a) Pay of Members.-Members of the Commission shall serve without pay by reason of their work on the Commission.

"(b) Travel Expenses.-The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

"(c) Staff.-(1) The chairman of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. The appointment of a staff director shall be subject to the approval of the Commission.

"(2) The chairman of the Commission may fix the pay of the staff director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS–15 of the General Schedule.

"(d) Detail of Government Employees.-Upon request of the chairman of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties.

"(e) Procurement of Temporary and Intermittent Services.-The chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title.

"SEC. 1628. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

"(a) Postal and Printing Services.-The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government.

"(b) Miscellaneous Administrative and Support Services.-The Secretary of Defense shall furnish the Commission, on a reimbursable basis, any administrative and support services requested by the Commission.

"(c) National Security Information.-The Secretary of Defense, in consultation with the Director of Central Intelligence, shall assume responsibility for the handling and disposition of national security information received and used by the Commission.

"SEC. 1629. FUNDING.

"Funds for activities of the Commission shall be provided from amounts appropriated for the Department of Defense for operation and maintenance for Defense-wide activities for fiscal year 2000. Upon receipt of a written certification from the chairman of the Commission specifying the funds required for the activities of the Commission, the Secretary of Defense shall promptly disburse to the Commission, from such amounts, the funds required by the Commission as stated in such certification.

"SEC. 1630. TERMINATION OF THE COMMISSION.

"The Commission shall terminate 60 days after the date of the submission of its report under section 1623."

Commission on National Military Museum

Pub. L. 106–65, div. B, title XXIX, Oct. 5, 1999, 113 Stat. 881 , provided that:

"SEC. 2901. ESTABLISHMENT.

"(a) Establishment.-There is hereby established a commission to be known as the 'Commission on the National Military Museum' (in this title referred to as the 'Commission').

"(b) Composition.-(1) The Commission shall be composed of 11 voting members appointed from among individuals who have an expertise in military or museum matters as follows:

"(A) Five shall be appointed by the President.

"(B) Two shall be appointed by the Speaker of the House of Representatives, in consultation with the chairman of the Committee on Armed Services of the House of Representatives.

"(C) One shall be appointed by the minority leader of the House of Representatives, in consultation with the ranking member of the Committee on Armed Services of the House of Representatives.

"(D) Two shall be appointed by the majority leader of the Senate, in consultation with the chairman of the Committee on Armed Services of the Senate.

"(E) One shall be appointed by the minority leader of the Senate, in consultation with the ranking member of the Committee on Armed Services of the Senate.

"(2) The following shall be nonvoting members of the Commission:

"(A) The Secretary of Defense.

"(B) The Secretary of the Army.

"(C) The Secretary of the Navy.

"(D) The Secretary of the Air Force.

"(E) The Secretary of Transportation.

"(F) The Secretary of the Smithsonian Institution.

"(G) The Chairman of the National Capital Planning Commission.

"(H) The Chairperson of the Commission of Fine Arts.

"(c) Chairman.-The President shall designate one of the individuals first appointed to the Commission under subsection (b)(1)(A) as the chairman of the Commission.

"(d) Period of Appointment; Vacancies.-Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment.

"(e) Initial Organization Requirements.-(1) All appointments to the Commission shall be made not later than 90 days after the date of the enactment of this Act [Oct. 5, 1999].

"(2) The Commission shall convene its first meeting not later than 60 days after the date as of which all members of the Commission have been appointed.

"SEC. 2902. DUTIES OF COMMISSION.

"(a) Study of National Military Museum.-The Commission shall conduct a study in order to make recommendations to Congress regarding an authorization for the construction of a national military museum in the National Capital Area.

"(b) Study Elements.-In conducting the study, the Commission shall do the following:

"(1) Determine whether existing military museums, historic sites, and memorials in the United States are adequate-

"(A) to provide in a cost-effective manner for display of, and interaction with, adequately visited and adequately preserved artifacts and representations of the Armed Forces and of the wars in which the United States has been engaged;

"(B) to honor the service to the United States of the active and reserve members of the Armed Forces and the veterans of the United States;

"(C) to educate current and future generations regarding the Armed Forces and the sacrifices of members of the Armed Forces and the Nation in furtherance of the defense of freedom; and

"(D) to foster public pride in the achievements and activities of the Armed Forces.

"(2) Determine whether adequate inventories of artifacts and representations of the Armed Forces and of the wars in which the United States has been engaged are available, either in current inventories or in private or public collections, for loan or other provision to a national military museum.

"(3) Develop preliminary proposals for-

"(A) the dimensions and design of a national military museum in the National Capital Area;

"(B) the location of the museum in that Area; and

"(C) the approximate cost of the final design and construction of the museum and of the costs of operating the museum.

"(c) Additional Duties.-If the Commission determines to recommend that Congress authorize the construction of a national military museum in the National Capital Area, the Commission shall also, as a part of the study under subsection (a), do the following:

"(1) Recommend not fewer than three sites for the museum ranked by preference.

"(2) Propose a schedule for construction of the museum.

"(3) Assess the potential effects of the museum on the environment, facilities, and roadways in the vicinity of the site or sites where the museum is proposed to be located.

"(4) Recommend the percentages of funding for the museum to be provided by the United States, State and local governments, and private sources, respectively.

"(5) Assess the potential for fundraising for the museum during the 20-year period following the authorization of construction of the museum.

"(6) Assess and recommend various governing structures for the museum, including a governing structure that places the museum within the Smithsonian Institution.

"(d) Requirements for Location on Navy Annex Property.-In the case of a recommendation under subsection (c)(1) to authorize construction of a national military museum on the Navy Annex property authorized for reservation for such purpose by section 2871(b) [probably means section 2881(b) of Pub. L. 106–65, 113 Stat. 879 ], the design of the national military museum on such property shall be subject to the following requirements:

"(1) The design shall be prepared in consultation with the Superintendent of Arlington National Cemetery.

"(2) The design may not provide for access by vehicles to the national military museum through Arlington National Cemetery.

"SEC. 2903. REPORT.

"The Commission shall, not later than 12 months after the date of its first meeting, submit to Congress a report on its findings and conclusions under this title, including any recommendations under section 2902.

"SEC. 2904. POWERS.

"(a) Hearings.-The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this title, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable.

"(b) Information.-The Commission may secure directly from the Department of Defense and any other Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its responsibilities under this title.

"SEC. 2905. COMMISSION PROCEDURES.

"(a) Meetings.-The Commission shall meet at the call of the chairman.

"(b) Quorum.-(1) Six of the members appointed under section 2901(b)(1) shall constitute a quorum other than for the purpose of holding hearings.

"(2) The Commission shall act by resolution agreed to by a majority of the members of the Commission.

"SEC. 2906. PERSONNEL MATTERS.

"(a) Pay of Members.-Members of the Commission appointed under section 2901(b)(1) shall serve without pay by reason of their work on the Commission.

"SEC. 2907. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

"SEC. 2908. FUNDING.

"(a) In General.-Funds for activities of the Commission shall be provided from amounts appropriated for the Department of Defense for operation and maintenance for Defense-wide activities for fiscal year 2000.

"(b) Request.-Upon receipt of a written certification from the chairman of the Commission specifying the funds required for the activities of the Commission, the Secretary of Defense shall promptly disburse to the Commission, from such amounts, the funds required by the Commission as stated in such certification.

"(c) Availability of Certain Funds.-Of the funds available for activities of the Commission under this section, $2,000,000 shall be available for the activities, if any, of the Commission under section 2902(c).

"SEC. 2909. TERMINATION OF COMMISSION.

"The Commission shall terminate 60 days after the date of the submission of its report under section 2903."

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, §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, §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, §912, Sept. 23, 1996, 110 Stat. 2623 , provided that:

"(a) Telecommunications Support.-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 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 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.

"(d) Report on Issues Raised by DOD Inspector General Review of White House Communications Agency.-Not later than October 1, 1996, or 30 days after the date of the enactment of this Act [Sept. 23, 1996], whichever is later, the Secretary of Defense shall submit to Congress a report setting forth the actions taken by the Secretary to address the issues raised by the report of the Department of Defense Inspector General reviewing the mission of the White House Communications Agency.

"(e) Quarterly Reports During Fiscal Year 1997.-Not later than 30 days after the end of each quarter of fiscal year 1997, the Secretary of Defense shall submit to Congress a report describing the support services other than telecommunications support services described in subsection (a) that were provided during the preceding quarter by the Department of Defense for the President through the White House Communications Agency.

"(f) Effective Date.-This section takes effect on October 1, 1997, and applies to funds appropriated for the Department of Defense for any fiscal year after fiscal year 1997."

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, §923(a)(1), (2), (b)–(d), Oct. 5, 1994, 108 Stat. 2830 , 2831, provided that:

"SEC. 951. FINDINGS.

"Congress makes the following findings:

"(1) The current allocation of roles and missions among the Armed Forces evolved from the practice during World War II to meet the Cold War threat and may no longer be appropriate for the post-Cold War era.

"(2) Many analysts believe that a realignment of those roles and mission [sic] is essential for the efficiency and effectiveness of the Armed Forces, particularly in light of lower budgetary resources that will be available to the Department of Defense in the future.

"(3) The existing process of a triennial review of roles and missions by the Chairman of the Joint Chiefs of Staff pursuant to provisions of law enacted by the Goldwater-Nichols Department of Defense Reorganization Act of 1986 [see Short Title of 1986 Amendment note above] has not produced the comprehensive review envisioned by Congress.

"(4) It is difficult for any organization, and may be particularly difficult for the Department of Defense, to reform itself without the benefit and authority provided by external perspectives and analysis.

"SEC. 952. ESTABLISHMENT OF COMMISSION.

"(a) Establishment.-There is hereby established a commission to be known as the Commission on Roles and Missions of the Armed Forces (hereinafter in this subtitle referred to as the 'Commission').

"(b) Composition and Qualifications.-(1) The Commission shall be composed of eleven members. Members of the Commission shall be appointed by the Secretary of Defense.

"(2) The Commission shall be appointed from among private United States citizens with appropriate and diverse military, organizational, and management experiences and historical perspectives.

"(3) The Secretary shall designate one of the members as chairman of the Commission.

"(c) Period of Appointment; Vacancies.-Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

"(d) Initial Organizational Requirements.-(1) The Secretary shall make all appointments to the Commission within 45 days after the date of the enactment of this Act [Nov. 30, 1993].

"(2) The Commission shall convene its first meeting within 30 days after the first date on which all members of the Commission have been appointed. At that meeting, the Commission shall develop an agenda and a schedule for carrying out its duties.

"SEC. 953. DUTIES OF COMMISSION.

"(a) In General.-The Commission shall-

"(1) review the efficacy and appropriateness for the post-Cold War era of the current allocations among the Armed Forces of roles, missions, and functions;

"(2) evaluate and report on alternative allocations of those roles, missions, and functions; and

"(3) make recommendations for changes in the current definition and distribution of those roles, missions, and functions.

"(b) Review of Potential Military Operations.-The Commission shall review the types of military operations that may be required in the post-Cold War era, taking into account the requirements for success in various types of operations. As part of such review, the Commission shall take into consideration the official strategic planning of the Department of Defense. The types of operations to be considered by the Commission as part of such review shall include the following:

"(1) Defense of the United States.

"(2) Warfare against other national military forces.

"(3) Participation in peacekeeping, peace enforcement, and other nontraditional activities.

"(4) Action against nuclear, chemical, and biological weapons capabilities in hostile hands.

"(5) Support of law enforcement.

"(6) Other types of operations as specified by the chairman of the Commission.

"(c) Commission To Define Broad Mission Areas and Key Support Requirements.-As a result of the review under subsection (b), the Commission shall define broad mission areas and key support requirements for the United States military establishment as a whole.

"(d) Development of Conceptual Framework for Organizational Allocations.-The Commission shall develop a conceptual framework for the review of the organizational allocation among the Armed Forces of military roles, missions, and functions. In developing that framework, the Commission shall consider-

"(1) static efficiency (such as duplicative overhead and economies of scale);

"(2) dynamic effectiveness (including the benefits of competition and the effect on innovation);

"(3) interoperability, responsiveness, and other aspects of military effectiveness in the field;

"(4) gaps in mission coverage and so-called orphan missions that are inadequately served by existing organizational entities;

"(5) division of responsibility on the battlefield;

"(6) exploitation of new technology and operational concepts;

"(7) the degree of disruption that a change in roles and missions would entail;

"(8) the experience of other nations; and

"(9) the role of the Army National Guard of the United States, the Air National Guard of the United States, and the other reserve components.

"(e) Recommendations Concerning Military Roles and Missions.-Based upon the conceptual framework developed under subsection (d) to evaluate possible changes to the existing allocation among the Armed Forces of military roles, missions, and functions, the Commission shall recommend-

"(1) the functions for which each military department should organize, train, and equip forces;

"(2) the missions of combatant commands; and

"(3) the roles that Congress should assign to the various military elements of the Department of Defense, including the Army National Guard of the United States, the Air National Guard of the United States, and the other reserve components.

"(f) Recommendations Concerning Civilian Elements of Department of Defense.-The Commission may address the roles, missions, and functions of civilian portions of the Department of Defense and other national security agencies to the extent that changes in these areas are collateral to changes considered in military roles, missions, and functions.

"(g) Recommendations Concerning Process for Future Changes.-The Commission shall also recommend a process for continuing to adapt the roles, missions, and functions of the Armed Forces to future changes in technology and in the international security environment.

"(h) Recommendations Concerning Reserve Components.-The Commission shall also address the roles, missions, and functions of the Army National Guard of the United States, the Air National Guard of the United States, and the other reserve components within the total force of the Armed Forces, particularly in light of lower budgetary resources that will be available to the Department of Defense in the future.

"(i) Recommendations Concerning Programs and Force Structure.-The Commission may also recommend changes that would better align programs and force structure with projected missions and threats.

"SEC. 954. REPORTS.

"(a) Implementation Plan.-Not later than three months after the date on which all members of the Commission have been appointed, the Commission shall transmit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth its plan for the work of the Commission. The plan shall be developed following discussions with the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the chairmen of those committees.

"(b) Commission Report.-The Commission shall, not later than one year after the date of its first meeting, submit to the committees named in subsection (a) and to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff a report setting forth the activities, findings, and recommendations of the Commission, including any recommendations for legislation that the Commission considers advisable.

"(c) Action by Secretary of Defense.-The Secretary of Defense, after consultation with the Chairman of the Joint Chiefs of Staff, shall submit comments on the Commission's report to the committees referred to in subsection (b) not later than 90 days following receipt of the report.

"SEC. 955. POWERS.

"(b) Information.-The Commission may secure directly from the Department of Defense and any other Federal department or agency any information that the Commission considers necessary to enable the Commission to carry out its responsibilities under this subtitle. Upon request of the chairman of the Commission, the head of such department or agency shall furnish such information expeditiously to the Commission.

"SEC. 956. COMMISSION PROCEDURES.

"(a) Meetings.-The Commission shall meet at the call of the chairman.

"(b) Quorum.-(1) Seven members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

"(2) The Commission shall act by resolution agreed to by a majority of the members of the Commission.

"(c) Panels.-The Commission may establish panels composed of less than the full membership of the Commission for the purpose of carrying out the Commission's duties. The actions of each such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.

"SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.

"(a) Pay of Members.-Each member of the Commission shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without pay in addition to that received for their services as officers or employees of the United States.

"(f) FFRDC Support.-(1) Upon the request of the chairman of the Commission, the Secretary of Defense shall make available to the Commission, without reimbursement, the services of any federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense. The cost of the services made available under this subsection may not exceed $20,000,000.

"(2) Notwithstanding any other provision of law, any analytic support or related services provided by such a center to the Commission shall not be subject to any overall ceiling established by this or any other Act on the activities or budgets of such centers.

"SEC. 958. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

"(c) Gifts.-The Commission may accept, use, and dispose of gifts or donations of services or property.

"(d) Travel.-To the maximum extent practicable, the members and employees of the Commission shall travel on military aircraft, military ships, military vehicles, or other military conveyances when travel is necessary in the performance of a responsibility of the Commission, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive.

"SEC. 959. PAYMENT OF COMMISSION EXPENSES.

"The compensation, travel expenses, and per diem allowances of members and employees of the Commission shall be paid out of funds available to the Department of Defense for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department of Defense. The other expenses of the Commission shall be paid out of funds available to the Department of Defense for the payment of similar expenses incurred by that Department.

"SEC. 960. TERMINATION OF THE COMMISSION.

"The Commission shall terminate on the last day of the sixteenth month that begins after the date of its first meeting, but not earlier than 30 days after the date of the Secretary of Defense's submission of comments on the Commission's report."

[ Pub. L. 103–337, div. A, title IX, §923(a)(3), (4), Oct. 5, 1994, 108 Stat. 2830 , provided that:

["(3) The additional members of the Commission on Roles and Missions of the Armed Forces authorized by the amendment made by paragraph (1) [amending section 952(b)(1) of Pub. L. 103–160, set out above] shall be appointed by the Secretary of Defense not later than 30 days after the date of the enactment of this Act [Oct. 5, 1994].

["(4) At least one of the additional members of the Commission appointed pursuant to the amendment made by paragraph (1) shall have previous military experience and management experience with the reserve components."]

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, §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, §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, §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, §1314(a)(4), Dec. 4, 1987, 101 Stat. 1175 ; Pub. L. 101–189, div. A, title II, §243, Nov. 29, 1989, 103 Stat. 1402 ; Pub. L. 101–510, div. A, title XIII, §1324, Nov. 5, 1990, 104 Stat. 1673 ; Pub. L. 102–83, §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, §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 §117 and repealed) of this title by Pub. L. 97–295, §§1(2)(A), 6(b), Oct. 12, 1982, 96 Stat. 1287 , 1314.

Defense Manpower Commission

Pub. L. 93–155, title VII, §§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, §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, §10(b), 72 Stat. 521 ; Sept. 7, 1962, Pub. L. 87–651, title III, §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, §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, §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, §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).

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.

Section Referred to in Other Sections

This section is referred to in section 2304 of this title.