§113. Secretary of Defense
(a) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force.
(b) The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 (50 U.S.C. 401), he has authority, direction, and control over the Department of Defense.
(c)(1) The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with-
(A) a report from each military department on the expenditures, work, and accomplishments of that department;
(B) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(C) such recommendations as he considers appropriate.
(2) At the same time that the Secretary submits the annual report under paragraph (1), the Secretary shall transmit to the President and Congress a separate report from the Reserve Forces Policy Board on the reserve programs of the Department of Defense and on any other matters that the Reserve Forces Policy Board considers appropriate to include in the report.
(d) Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense as he may designate.
(e)(1) The Secretary shall include in his annual report to Congress under subsection (c)-
(A) a description of the major military missions and of the military force structure of the United States for the next fiscal year;
(B) an explanation of the relationship of those military missions to that force structure; and
(C) the justification for those military missions and that force structure.
(2) In preparing the matter referred to in paragraph (1), the Secretary shall take into consideration the content of the annual national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a) for the fiscal year concerned.
(f) When a vacancy occurs in an office within the Department of Defense and the office is to be filled by a person appointed from civilian life by the President, by and with the advice and consent of the Senate, the Secretary of Defense shall inform the President of the qualifications needed by a person serving in that office to carry out effectively the duties and responsibilities of that office.
(g)(1) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the heads of Department of Defense components written policy guidance for the preparation and review of the program recommendations and budget proposals of their respective components. Such guidance shall include guidance on-
(A) national security objectives and policies;
(B) the priorities of military missions; and
(C) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective.
(2) The Secretary of Defense, with the approval of the President and after consultation with the Chairman of the Joint Chiefs of Staff, shall provide to the Chairman written policy guidance for the preparation and review of contingency plans. Such guidance shall be provided every two years or more frequently as needed and shall include guidance on the specific force levels and specific supporting resource levels projected to be available for the period of time for which such plans are to be effective.
(h) The Secretary of Defense shall keep the Secretaries of the military departments informed with respect to military operations and activities of the Department of Defense that directly affect their respective responsibilities.
(i)(1) The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries.
(2) Each such report shall-
(A) include a comparison of the defense capabilities and programs of the armed forces of the United States and its allies with the armed forces of potential adversaries of the United States and allies of the United States;
(B) include an examination of the trends experienced in those capabilities and programs during the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221 of this title;
(C) include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the armed forces of the United States on short notice to meet a resurgent or increased threat to the national security of the United States;
(D) reflect, in the overall assessment and in the strategic and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the budget submitted to Congress under section 1105 of title 31 in the year in which the report is submitted and in the five-year defense program submitted in such year; and
(E) identify the deficiencies in the defense capabilities of the armed forces of the United States in such budget and such five-year defense program.
(3) The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the President submits the budget to Congress under section 1105 of title 31 in that year. Such report shall be transmitted in both classified and unclassified form.
(j)(1) Not later than April 8 of each year, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives a report on the cost of stationing United States forces outside of the United States. Each such report shall include a detailed statement of the following:
(A) Costs incurred in the United States and costs incurred outside the United States in connection with the stationing of United States forces outside the United States.
(B) The costs incurred outside the United States in connection with operating, maintaining, and supporting United States forces outside the United States, including all direct and indirect expenditures of United States funds in connection with such stationing.
(C) The effect of such expenditures outside the United States on the balance of payments of the United States.
(2) Each report under this subsection shall be prepared in consultation with the Secretary of Commerce.
(3) In this subsection, the term "United States", when used in a geographic sense, includes the territories and possessions of the United States.
(k) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the Secretaries of the military departments and to the commanders of the combatant commands written guidelines to direct the effective detection and monitoring of all potential aerial and maritime threats to the national security of the United States. Those guidelines shall include guidance on the specific force levels and specific supporting resources to be made available for the period of time for which the guidelines are to be in effect.
(l) The Secretary shall include in the annual report to Congress under subsection (c) the following:
(1) A comparison of the amounts provided in the defense budget for support and for mission activities for each of the preceding five fiscal years.
(2) A comparison of the number of military and civilian personnel, shown by major occupational category, assigned to support positions and to mission positions for each of the preceding five fiscal years.
(3) An accounting, shown by service and by major occupational category, of the number of military and civilian personnel assigned to support positions during each of the preceding five fiscal years.
(4) A listing of the number of military and civilian personnel assigned to management headquarters and headquarters support activities as a percentage of military end-strength for each of the preceding five fiscal years.
(m)
(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.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 133(a) 133(b) 133(c) 133(d) |
5:171(a) (last 10 words). 5:171a(a). 5:171a(b). 5:171a(d). 5:171a–1. 5:171a(f). 5:171n(a) (as applicable to 5:171a(f)). |
July 26, 1947, ch. 343, §§201(a) (last 10 words), 202(a),(b); restated Aug. 10, 1949, ch. 412, §§4 (last 10 words of 1st par.), 5 (1st and 2d pars.), |
| [Uncodified: 1953 Reorg. Plan No. 6, §5, eff. June 30, 1953, 5:171n(a). |
July 26, 1947, ch. 343, §202(d); added Apr. 2, 1949, ch. 47, §1; restated Aug. 10, 1949, ch. 412, §5 (9th par.); restated Aug. 6, 1958,
|
|
| July 26, 1947, ch. 343, §202(f); added Aug. 10, 1949, ch. 412, §5 (11th par.), |
||
| July 26, 1947, ch. 343, §308(a) (as applicable to §202(f)), |
||
| July 9, 1952, ch. 608, §257(e), |
||
| 1953 Reorg. Plan No. 6, §5, eff. June 30, 1953, |
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).
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 133(e) | 10:133 (note). | Oct. 7, 1975,
|
The words "prepare and" are omitted as surplus.
1988 Act
Subsection (k) is based on
Section 8042 of the FY88 Defense Appropriations Act (
The committee notes that the source section does not specify the period of time to be covered by the report. In the absence of statutory language specifying the period to be covered by the report, it would seem reasonable to conclude that the report should cover the previous fiscal year. The committee notes, however, that the report of the Senate Appropriations Committee on its FY88 defense appropriations bill (S. Rpt. 100–235) states that this new annual report "should cover the budget years and the 2 previous fiscal years" (page 54). The committee believes that such a requirement may be unnecessarily burdensome and in any case, if such a requirement is intended, should be stated in the statute. In the absence of clear intent, the provision is proposed to be codified without specifying the period of time to be covered by the annual report.
In codifying this provision, the committee also changed the term "United States troops" in the source law to "United States forces" for consistency in usage in title 10 and as being preferable usage. No change in meaning is intended. The committee also changed "overseas" to "outside the United States" and defined "United States" for this purpose to include the territories and possessions of the United States. The committee was concerned that the term "overseas" read literally could include Hawaii or Guam, an interpretation clearly not intended in enacting section 8042. The committee notes that the Senate report referred to above states "For the purposes of this report [meaning the new DOD annual report], U.S. forces stationed overseas are considered to be those outside of the United States and its territories.". The committee extrapolates from this statement that provisions in the report requirement relating to expenditures "overseas" and costs incurred "overseas" are also to be construed as relating to matters outside the United States and its territories and has prepared the codified provision accordingly.
Amendments
1999-Subsec. (j)(1).
1998-Subsec. (l).
Subsec. (m).
1997-Subsec. (g)(2).
1996-Subsec. (c).
Subsec. (c)(3).
Subsec. (i)(2)(B).
Subsec. (j)(1).
1994-Subsec. (c)(3).
Subsec. (e)(2).
1991-Subsec. (i)(2)(C) to (E).
1990-Subsecs. (i) to (l).
1989-Subsec. (j)(2)(B).
1988-Subsec. (j).
Subsec. (k).
Subsec. (l).
1987-Subsec. (e)(2).
Subsec. (j).
1986-
Subsecs. (a) to (e).
"(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).
Subsec. (i).
1982-Subsec. (e).
Subsec. (i) [formerly §138(h)].
1980-Subsec. (b).
Effective Date of 1996 Amendment
Section 1501(f)(3) of
Effective Date of 1994 Amendment
Amendment by section 1671(c)(2) of
Effective Date of 1980 Amendment
Amendment by
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.
Order of Succession
For order of succession in event of death, disability, or resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, set out as a note under section 3345 of Title 5, Government Organization and Employees.
Policy Concerning Rights of Individuals Whose Names Have Been Entered Into Department of Defense Official Criminal Investigative Reports
"(a)
"(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)
Test of Ability of Reserve Component Intelligence Units and Personnel To Meet Current and Emerging Defense Intelligence Needs
"(a)
"(A) to determine the most effective peacetime structure and operational employment of reserve component intelligence assets for meeting current and future Department of Defense peacetime operational intelligence requirements; and
"(B) to establish a means to coordinate and transition that peacetime intelligence operational support network into use for meeting wartime requirements.
"(2) The test program shall be carried out using the Joint Reserve Intelligence Program and appropriate reserve component intelligence units and personnel.
"(3) In conducting the test program, the Secretary of Defense shall expand the current Joint Reserve Intelligence Program as needed to meet the objectives of the test program.
"(b)
"(1) the Assistant Secretary of Defense for Command, Control, Communications and Intelligence;
"(2) the Assistant Secretary of Defense for Reserve Affairs; and
"(3) representatives from the Defense Intelligence Agency, the Army, Navy, Air Force, and Marine Corps, the Joint Staff, and the combatant commands.
"(c)
"(1) To identify the range of peacetime roles and missions that are appropriate for reserve component intelligence units and personnel, including the following missions: counterdrug, counterintelligence, counterterrorism, information operations, information warfare, and other emerging threats.
"(2) To recommend a process for justifying and validating reserve component intelligence force structure and manpower to support the peacetime roles and missions identified under paragraph (1) and to establish a means to coordinate and transition that peacetime operational support network and structure into wartime requirements.
"(3) To provide, pursuant to paragraphs (1) and (2), the basis for new or revised intelligence and reserve component policy guidelines for the peacetime use, organization, management, infrastructure, and funding of reserve component intelligence units and personnel.
"(4) To determine the most effective structure, organization, manning, and management of Joint Reserve Intelligence Centers to enable them to be both reserve training facilities and virtual collaborative production facilities in support of Department of Defense peacetime operational intelligence requirements.
"(5) To determine the most effective uses of technology for virtual collaborative intelligence operational support during peacetime and wartime.
"(6) To determine personnel and career management initiatives or modifications that are required to improve the recruiting and retention of personnel in the reserve component intelligence specialties and occupational skills.
"(7) To identify and make recommendations for the elimination of statutory prohibitions and barriers to using reserve component intelligence units and individuals to carry out peacetime operational requirements.
"(d)
"(1) interim reports on the status of the test program not later than July 1, 2002, and July 1, 2003; and
"(2) a final report, with such recommendations for changes as the Secretary considers necessary, not later than December 1, 2004."
Study on Civilian Personnel Services
"(a)
"(1) administration of such services should continue to be centralized in individual military services and Defense Agencies or whether such services should be centralized within designated geographical areas to provide services to all Department of Defense elements;
"(2) offices that perform such services should be established to perform specific functions rather than cover an established geographical area;
"(3) processes and functions of civilian personnel offices should be reengineered to provide greater efficiency and better service to management and employees of the Department of Defense; and
"(4) efficiencies could be gained by public-private competition of the delivery of any of the personnel services for civilian personnel of the Department of Defense.
"(b)
Pilot Program for Reengineering Equal Employment Opportunity Complaint Process
"(a)
"(2) The pilot program shall include procedures to reduce processing time and eliminate redundancy with respect to processes for the resolution of equal employment opportunity complaints, reinforce local management and chain-of-command accountability, and provide the parties involved with early opportunity for resolution.
"(3) The Secretary may carry out the pilot program for a period of three years, beginning on January 1, 2001.
"(4)(A) Participation in the pilot program shall be voluntary on the part of the complainant. Complainants who participate in the pilot program shall retain the right to appeal a final agency decision to the Equal Employment Opportunity Commission and to file suit in district court. The Equal Employment Opportunity Commission shall not reverse a final agency decision on the grounds that the agency did not comply with the regulatory requirements promulgated by the Commission.
"(B) Subparagraph (A) shall apply to all cases-
"(i) pending as of January 1, 2001, before the Equal Employment Opportunity Commission involving a civilian employee who filed a complaint under the pilot program of the Department of the Navy to improve processes for the resolution of equal employment opportunity complaints; and
"(ii) hereinafter filed with the Commission under the pilot program established by this section.
"(5) The pilot program shall be carried out in at least one military department and two Defense Agencies.
"(b)
"(1) A description of the processes tested by the pilot program.
"(2) The results of such testing.
"(3) Recommendations for changes to the processes for the resolution of equal employment opportunity complaints as a result of such pilot program.
"(4) A comparison of the processes used, and results obtained, under the pilot program to traditional and alternative dispute resolution processes used in the government or private industry."
Work Safety Demonstration Program
"(a)
"(b)
"(1) adopt for use in the workplace of civilian employees of the Department of Defense such work safety models used by employers in the private sector that the Secretary considers as being representative of the best work safety practices in use by private sector employers; and
"(2) determine whether the use of those practices in the Department of Defense improves the work safety record of Department of Defense employees.
"(c)
"(A) at not fewer than two installations of each of the Armed Forces (other than the Coast Guard), for employees of the military department concerned; and
"(B) in at least two Defense Agencies (as defined in section 101(a)(11) of title 10, United States Code).
"(2) The Secretary shall select the installations and Defense Agencies from among the installations and Defense Agencies listed in the Federal Worker 2000 Presidential Initiative.
"(d)
"(e)
"(A) A baseline assessment of the lost workday injury rate.
"(B) A comparison of the lost workday injury rate for fiscal year 2000 with the lost workday injury rate for fiscal year 1999.
"(C) The direct and indirect costs associated with all lost workday injuries.
"(2) The Secretary of Defense shall submit a final report on the demonstration program to the Committees on Armed Services of the Senate and the House of Representatives not later than December 1, 2002. The final report shall contain, at a minimum, for each site of the demonstration program the following:
"(A) The Secretary's determination on the issue described in subsection (b)(2).
"(B) A comparison of the lost workday injury rate under the program with the baseline assessment of the lost workday injury rate.
"(C) The lost workday injury rate for fiscal year 2002.
"(D) A comparison of the direct and indirect costs associated with all lost workday injuries for fiscal year 2002 with the direct and indirect costs associated with all lost workday injuries for fiscal year 2001.
"(f)
GAO Study on Benefits and Costs of United States Military Engagement in Europe
"(a)
"(b)
"(1) The benefits and costs to the United States of having forces stationed in Europe and assigned to areas of regional conflict such as Bosnia and Kosovo.
"(2) The benefits and costs associated with stationing United States forces in Europe and with assigning those forces to areas of regional conflict, including an analysis of the benefits and costs of deploying United States forces with the forces of European allies.
"(3) The amount and type of the following kinds of contributions to European security made by European allies in 1999 and 2000:
"(A) Financial contributions.
"(B) Contributions of military personnel and units.
"(C) Contributions of nonmilitary personnel, such as medical personnel, police officers, judicial officers, and other civic officials.
"(D) Contributions, including contributions in kind, for humanitarian and reconstruction assistance and infrastructure building or activities that contribute to regional stability, whether in lieu of or in addition to military-related contributions.
"(4) The extent to which a forward United States military presence compensates for existing shortfalls of air and sea lift capability in the event of regional conflict in Europe or the Middle East.
"(c)
Establishment of Logistics Standards for Sustained Military Operations
"(a)
"(1) the level of spare parts that the units must have on hand; and
"(2) similar logistics and sustainment needs of the units.
"(b)
"(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)
"(d)
"(e)
"(f)
Use of Smart Card Technology in the Department of Defense
"(a)
"(b)
"(c)
"(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)
"(e)
"(f)
"(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)
"(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
Survey of Members Leaving Military Service on Attitudes Toward Military Service
"(a)
"(b)
"(1) Reasons for leaving military service.
"(2) Command climate.
"(3) Attitude toward leadership.
"(4) Attitude toward pay and benefits.
"(5) Job satisfaction during service as a member of the Armed Forces.
"(6) Plans for activities after separation (such as enrollment in school, use of Montgomery GI Bill benefits, and work).
"(7) Affiliation with a reserve component, together with the reasons for affiliating or not affiliating, as the case may be.
"(8) Such other matters as the Secretary determines appropriate to the survey concerning reasons why military personnel are leaving military service.
"(c)
Annual Report on United States Military Activities in Colombia
Report on NATO Defense Capabilities Initiative
"(a)
"(1) At the meeting of the North Atlantic Council held in Washington, DC, in April 1999, the NATO Heads of State and Governments launched a Defense Capabilities Initiative.
"(2) The Defense Capabilities Initiative is designed to improve the defense capabilities of the individual nations of the NATO Alliance to ensure the effectiveness of future operations across the full spectrum of Alliance missions in the present and foreseeable security environment.
"(3) Under the Defense Capabilities Initiative, special focus will be given to improving interoperability among Alliance forces and to increasing defense capabilities through improvements in the deployability and mobility of Alliance forces, the sustainability and logistics of those forces, the survivability and effective engagement capability of those forces, and command and control and information systems.
"(4) The successful implementation of the Defense Capabilities Initiative will serve to enable all members of the Alliance to make a more equitable contribution to the full spectrum of Alliance missions, thereby increasing burdensharing within the Alliance and enhancing the ability of European members of the Alliance to undertake operations pursuant to the European Security and Defense Identity within the Alliance.
"(b)
"(A) A discussion of the work of the temporary High-Level Steering Group, or any successor group, established to oversee the implementation of the Defense Capabilities Initiative and to meet the requirement of coordination and harmonization among relevant planning disciplines.
"(B) A description of the actions taken, including implementation of the Multinational Logistics Center concept and development of the C3 system architecture, by the Alliance as a whole to further the Defense Capabilities Initiative.
"(C) A description of the actions taken by each member of the Alliance other than the United States to improve the capabilities of its forces in each of the following areas:
"(i) Interoperability with forces of other Alliance members.
"(ii) Deployability and mobility.
"(iii) Sustainability and logistics.
"(iv) Survivability and effective engagement capability.
"(v) Command and control and information systems.
"(2) The report shall be submitted in unclassified form, but may also be submitted in classified form if necessary."
Commemoration of the Victory of Freedom in the Cold War
"(a)
"(1) The Cold War between the United States and its allies and the former Union of Soviet Socialist Republics and its allies was the longest and most costly struggle for democracy and freedom in the history of mankind.
"(2) Whether millions of people all over the world would live in freedom hinged on the outcome of the Cold War.
"(3) Democratic countries bore the burden of the struggle and paid the costs in order to preserve and promote democracy and freedom.
"(4) The Armed Forces and the taxpayers of the United States bore the greatest portion of that burden and struggle in order to protect those principles.
"(5) Tens of thousands of United States soldiers, sailors, airmen, [and] Marines paid the ultimate price during the Cold War in order to preserve the freedoms and liberties enjoyed in democratic countries.
"(6) The Berlin Wall erected in Berlin, Germany, epitomized the totalitarianism that the United States struggled to eradicate during the Cold War.
"(7) The fall of the Berlin Wall on November 9, 1989, was a major event of the Cold War.
"(8) The Soviet Union collapsed on December 25, 1991.
"(b)
"(c)
"(2) The total amount of funds available under paragraph (1) for the purpose set forth in that paragraph shall not exceed $5,000,000.
"(3) The Secretary of Defense may accept contributions from the private sector for the purpose of reducing the costs of the Armed Forces described in paragraph (1). The amount of funds available under paragraph (1) for the purpose set forth in that paragraph shall be reduced by an amount equal to the amount of contributions accepted by the Secretary under the preceding sentence.
"(4) The funding authorized in paragraph (1) shall not be available until 30 days after the date upon which the plan required by subsection (d) is submitted.
"(d)
"(A) a report on the content of the proclamation referred to in subsection (b); and
"(B) a plan for appropriate ceremonies and activities.
"(2) The plan submitted under paragraph (1) shall include the following:
"(A) A discussion of the content, location, date, and time of each ceremony and activity included in the plan.
"(B) The funding allocated to support those ceremonies and activities.
"(C) The organizations and individuals consulted while developing the plan for those ceremonies and activities.
"(D) A list of private sector organizations and individuals that are expected to participate in each ceremony and activity.
"(E) A list of local, State, and Federal agencies that are expected to participate in each ceremony and activity.
"(e)
"(2) The Commission shall be composed of twelve members, as follows:
"(A) Two shall be appointed by the President.
"(B) Three shall be appointed by the Speaker of the House of Representatives.
"(C) Two shall be appointed by the minority leader of the House of Representatives.
"(D) Three shall be appointed by the majority leader of the Senate.
"(E) Two shall be appointed by the minority leader of the Senate.
"(3) The Commission shall review and make recommendations regarding the celebration of the victory in the Cold War, to include the date of the celebration, usage of facilities, participation of the Armed Forces, and expenditure of funds.
"(4) The Secretary shall-
"(A) consult with the Commission on matters relating to the celebration of the victory in the Cold War;
"(B) reimburse Commission members for expenses relating to participation of Commission members in Commission activities from funds made available under subsection (c); and
"(C) provide the Commission with administrative support.
"(5) The Commission shall be co-chaired by two members as follows:
"(A) One selected by and from among those appointed pursuant to subparagraphs (A), (C), and (E) of paragraph (2).
"(B) One selected by and from among those appointed pursuant to subparagraphs (B) and (D) of paragraph (2)."
Annual Report on Military Power of the People's Republic of China
"(a)
"(b)
"(1) The goals of Chinese grand strategy, security strategy, and military strategy.
"(2) Trends in Chinese strategy that would be designed to establish the People's Republic of China as the leading political power in the Asia-Pacific region and as a political and military presence in other regions of the world.
"(3) The security situation in the Taiwan Strait.
"(4) Chinese strategy regarding Taiwan.
"(5) The size, location, and capabilities of Chinese strategic, land, sea, and air forces, including detailed analysis of those forces facing Taiwan.
"(6) Developments in Chinese military doctrine, focusing on (but not limited to) efforts to exploit a transformation in military affairs or to conduct preemptive strikes.
"(7) Efforts, including technology transfers and espionage, by the People's Republic of China to develop, acquire, or gain access to information, communication, space and other advanced technologies that would enhance military capabilities.
"(8) An assessment of any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act (
"(c)
"(1) The Committee on Armed Services and the Committee on Foreign Relations of the Senate.
"(2) The Committee on Armed Services and the Committee on International Relations of the House of Representatives."
Nuclear Mission Management Plan
"(1) The Secretary of Defense shall develop and implement a plan to ensure the continued reliability of the capability of the Department of Defense to carry out its nuclear deterrent mission.
"(2) The plan shall do the following:
"(A) Articulate the current policy of the United States on the role of nuclear weapons and nuclear deterrence in the conduct of defense and foreign relations matters.
"(B) Establish stockpile viability and capability requirements with respect to that mission, including the number and variety of warheads required.
"(C) Establish requirements relating to the contractor industrial base, support infrastructure, and surveillance, testing, assessment, and certification of nuclear weapons necessary to support that mission.
"(3) The plan shall take into account the following:
"(A) Requirements for the critical skills, readiness, training, exercise, and testing of personnel necessary to meet that mission.
"(B) The relevant programs and plans of the military departments and the Defense Agencies with respect to readiness, sustainment (including research and development), and modernization of the strategic deterrent forces."
Report on Food Stamp Assistance for Members of Armed Forces
"(a) The Secretary of Defense shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report on food stamp assistance for members of the Armed Forces. The Secretary shall submit the report at the same time that the Secretary submits to Congress, in support of the fiscal year 2001 budget, the materials that relate to the funding provided in that budget for the Department of Defense.
"(b) The report shall include the following:
"(1) The number of members of the Armed Forces and dependents of members of the Armed Forces who are eligible for food stamps.
"(2) The number of members of the Armed Forces and dependents of members of the Armed Forces who received food stamps in fiscal year 1998.
"(3) A proposal for using, as a means for eliminating or reducing significantly the need of such personnel for food stamps, the authority under section 2828 of title 10, United States Code, to lease housing facilities for enlisted members of the Armed Forces and their families when Government quarters are not available for such personnel.
"(4) A proposal for increased locality adjustments through the basic allowance for housing and other methods as a means for eliminating or reducing significantly the need of such personnel for food stamps.
"(5) Other potential alternative actions (including any recommended legislation) for eliminating or reducing significantly the need of such personnel for food stamps.
"(6) A discussion of the potential for each alternative action referred to in paragraph (3) or (4) to result in the elimination or a significant reduction in the need of such personnel for food stamps.
"(c) Each potential alternative action included in the report under paragraph (3) or (4) of subsection (b) shall meet the following requirements:
"(1) Apply only to persons referred to in paragraph (1) of such subsection.
"(2) Be limited in cost to the lowest amount feasible to achieve the objectives.
"(d) In this section:
"(1) The term 'fiscal year 2001 budget' means the budget for fiscal year 2001 that the President submits to Congress under section 1105(a) of title 31, United States Code.
"(2) The term 'food stamps' means assistance under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)."
Defense Reform Initiative Enterprise Pilot Program for Military Manpower and Personnel Information
"(a)
"(b)
"(c)
Oversight of Development and Implementation of Automated Identification Technology
"(a)
"(1) The term 'automated identification technology program' means a program in the Department of Defense, including any pilot program, employing one or more of the following technologies:
"(A) Magnetic stripe.
"(B) Bar codes, both linear and two-dimensional (including matrix symbologies).
"(C) Smart Card.
"(D) Optical memory.
"(E) Personal computer memory card international association carriers.
"(F) Any other established or emerging automated identification technology, including biometrics and radio frequency identification.
"(2) The term 'Smart Card' means a credit card size device that contains one or more integrated circuits.
"[(b) Repealed.
"(c)
"(2) Not later than June 30, 1999, the Secretary of the Navy shall equip with Smart Card technology at least one carrier battle group, one carrier air wing, and one amphibious readiness group (including the Marine Corps units embarked on the vessels of such battle and readiness groups) in each of the United States Atlantic Command and the United States Pacific Command.
"(3) None of the funds appropriated pursuant to any authorization of appropriations in this Act [see Tables for classification] may be expended after June 30, 1999, for the procurement of the Joint Uniformed Services Identification card for members of the Navy or the Marine Corps or for the issuance of such card to such members, until the Secretary of the Navy certifies in writing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the Secretary has completed the issuance of Smart Cards in accordance with paragraph (2).
"(d)
Pilot Program for Acceptance and Use of Landing Fees Charged for Use of Domestic Military Airfields by Civil Aircraft
"(a)
"(b)
"(c)
"(d)
"(e)
Report on Terminology for Annual Report Requirement
Program To Investigate Fraud, Waste, and Abuse Within Department of Defense
Section 392 of
Commission on Military Training and Gender-Related Issues
Subtitle F of title V of div. A of
Coordination of Department of Defense Criminal Investigations and Audits
Section 907 of
"(a)
"(2) The heads of the military department criminal investigative organizations shall meet on a regular basis to determine the manner in which and the extent to which the military department criminal investigative organizations will be able to share resources.
"(b)
"(2) The heads of the defense auditing organizations shall meet on a regular basis to determine the manner in which and the extent to which the defense auditing organizations will be able to share resources.
"(c)
"(d)
"(1) The term 'military department criminal investigative organizations' means-
"(A) the Army Criminal Investigation Command;
"(B) the Naval Criminal Investigative Service; and
"(C) the Air Force Office of Special Investigations.
"(2) The term 'defense auditing organizations' means-
"(A) the Office of the Inspector General of the Department of Defense;
"(B) the Defense Contract Audit Agency;
"(C) the Army Audit Agency;
"(D) the Naval Audit Service; and
"(E) the Air Force Audit Agency."
Provision of Adequate Troop Protection Equipment for Armed Forces Personnel Engaged in Peace Operations; Report on Antiterrorism Activities and Protection of Personnel
Section 1052 of
"(a)
"(b)
"(1) identify the additional troop protection equipment, if any, required to equip a division (or the equivalent of a division) with adequate troop protection equipment for peace operations; and
"(2) establish procedures to facilitate the exchange or transfer of troop protection equipment among units of the Armed Forces.
"(c)
"(1) ensuring the appropriate allocation of troop protection equipment among the units of the Armed Forces engaged in peace operations; and
"(2) monitoring the availability, status or condition, and location of such equipment.
"(d)
"(e)
"(1) A description of the programs designed to carry out antiterrorism activities of the Department of Defense, any deficiencies in those programs, and any actions taken by the Secretary to improve implementation of such programs.
"(2) An assessment of the current policies and practices of the Department of Defense with respect to the protection of members of the Armed Forces overseas against terrorist attack, including any modifications to such policies or practices that are proposed or implemented as a result of the assessment.
"(3) An assessment of the procedures of the Department of Defense for determining accountability, if any, in the command structure of the Armed Forces in instances in which a terrorist attack results in the loss of life at an overseas military installation or facility.
"(4) A detailed description of the roles of the Office of the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the combatant commanders in providing guidance and support with respect to the protection of members of the Armed Forces deployed overseas against terrorist attack (both before and after the November 1995 bombing in Riyadh, Saudi Arabia) and how these roles have changed since the June 25, 1996, terrorist bombing at Khobar Towers in Dhahran, Saudi Arabia.
"(5) A description of the actions taken by the Secretary of Defense under subsections (a), (b), and (c) to provide adequate troop protection equipment for units of the Armed Forces engaged in a peace operation."
Study of Investigative Practices of Military Criminal Investigative Organizations Relating to Sex Crimes
Section 1072 of
"(a)
"(2) The Secretary shall provide for the study to be conducted by the National Academy of Public Administration. The amount of a contract for the study may not exceed $2,000,000.
"(3) The Secretary shall require that all components of the Department of Defense cooperate fully with the organization carrying out the study.
"(b)
"(1) The need (if any) for greater organizational independence and autonomy for the military criminal investigative organizations than exists under current chain-of-command structures within the military departments.
"(2) The authority of each of the military criminal investigative organizations to investigate allegations of sex crimes and other criminal sexual misconduct and the policies of those organizations for carrying out such investigations.
"(3) The training (including training in skills and techniques related to the conduct of interviews) provided by each of those organizations to agents or prospective agents responsible for conducting or providing support to investigations of alleged sex crimes and other criminal sexual misconduct, including-
"(A) the extent to which that training is comparable to the training provided by the Federal Bureau of Investigation and other civilian law enforcement agencies; and
"(B) the coordination of training and investigative policies related to alleged sex crimes and other criminal sexual misconduct of each of those organizations with the Federal Bureau of Investigation and other civilian Federal law enforcement agencies.
"(4) The procedures and relevant professional standards of each military criminal investigative organization with regard to recruitment and hiring of agents, including an evaluation of the extent to which those procedures and standards provide for-
"(A) sufficient screening of prospective agents based on background investigations; and
"(B) obtaining sufficient information about the qualifications and relevant experience of prospective agents.
"(5) The advantages and disadvantages of establishing, within each of the military criminal investigative organizations or within the Defense Criminal Investigative Service only, a special unit for the investigation of alleged sex crimes and other criminal sexual misconduct.
"(6) The clarity of guidance for, and consistency of investigative tactics used by, each of the military criminal investigative organizations for the investigation of alleged sex crimes and other criminal sexual misconduct, together with a comparison with the guidance and tactics used by the Federal Bureau of Investigation and other civilian law enforcement agencies for such investigations.
"(7) The number of allegations of agent misconduct in the investigation of sex crimes and other criminal sexual misconduct for each of those organizations, together with a comparison with the number of such allegations concerning agents of the Federal Bureau of Investigation and other civilian law enforcement agencies for such investigations.
"(8) The procedures of each of the military criminal investigative organizations for administrative identification (known as 'titling') of persons suspected of committing sex crimes or other criminal sexual misconduct, together with a comparison with the comparable procedures of the Federal Bureau of Investigation and other civilian Federal law enforcement agencies for such investigations.
"(9) The accuracy, timeliness, and completeness of reporting of sex crimes and other criminal sexual misconduct by each of the military criminal investigative organizations to the National Crime Information Center maintained by the Department of Justice.
"(10) Any recommendation for legislation or administrative action to revise the organizational or operational arrangements of the military criminal investigative organizations or to alter recruitment, training, or operational procedures, as they pertain to the investigation of sex crimes and other criminal sexual misconduct.
"(c)
"(2) The Secretary shall submit the report under paragraph (1), together with the Secretary's comments on the report, to Congress not later than 30 days after the date on which the report is submitted to the Secretary under paragraph (1).
"(d)
"(1) The Army Criminal Investigation Command.
"(2) The Naval Criminal Investigative Service.
"(3) The Air Force Office of Special Investigations.
"(4) The Defense Criminal Investigative Service.
"(e)
Program To Commemorate 50th Anniversary of the Korean War
"(b)
"(d)
Section 1083 of
"(a)
"(b)
"(1) to provide the people of the United States with a clear understanding and appreciation of the lessons and history of the Korean War;
"(2) to thank and honor veterans of the Korean War and their families;
"(3) to pay tribute to the sacrifices and contributions made on the home front by the people of the United States during the Korean War;
"(4) to highlight advances in technology, science, and medicine related to military research conducted during the Korean War;
"(5) to recognize the contributions and sacrifices made by the allies of the United States in the Korean War; and
"(6) to highlight the role of the Armed Forces of the United States, then and now, in maintaining world peace through strength.
"(c)
"(d)
"(2) Not later than 60 days after completion of all activities and ceremonies conducted as part of the commemorative program, the Secretary shall submit to Congress a report containing an accounting of all of the funds deposited into and expended from the account or otherwise expended under this section, and of any funds remaining in the account. Unobligated funds remaining in the account on that date shall be held in the account until transferred by law.
"(e)
"(2) A person providing voluntary services under this subsection shall be considered to be a Federal employee for purposes of chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. The person shall also be considered a special governmental employee for purposes of standards of conduct and sections 202, 203, 205, 207, 208, and 209 of title 18, United States Code. A person who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of voluntary services under this subsection.
"(3) 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.
"(f)
"(2) The total amount expended by the Department of Defense through the Department of Defense 50th Anniversary of the Korean War Commemoration Committee, an entity within the Department of the Army, to carry out the commemorative program authorized under subsection (a) for fiscal years 2000 through 2004 may not exceed $7,000,000."
[
[
[Section 1(b)(2) of
Annual Report on Moratorium on Use by Armed Forces of Antipersonnel Landmines
Section 1309 of
"(a)
"(1) The United States has stated its support for a ban on antipersonnel landmines that is global in scope and verifiable.
"(2) On May 16, 1996, the President announced that the United States, as a matter of policy, would eliminate its stockpile of non-self-destructing antipersonnel landmines, except those used for training purposes and in Korea, and that the United States would reserve the right to use self-destructing antipersonnel landmines in the event of conflict.
"(3) On May 16, 1996, the President also announced that the United States would lead an effort to negotiate an international treaty permanently banning the use of all antipersonnel landmines.
"(4) The United States is currently participating at the United Nations Conference on Disarmament in negotiations aimed at achieving a global ban on the use of antipersonnel landmines.
"(5) On August 18, 1997, the administration agreed to participate in international negotiations sponsored by Canada (the so-called 'Ottawa process') designed to achieve a treaty that would outlaw the production, use, and sale of antipersonnel landmines.
"(6) On September 17, 1997, the President announced that the United States would not sign the antipersonnel landmine treaty concluded in Oslo, Norway, by participants in the Ottawa process because the treaty would not provide a geographic exception to allow the United States to stockpile and use antipersonnel landmines in Korea or an exemption that would preserve the ability of the United States to use mixed antitank mine systems which could be used to deter an armored assault against United States forces.
"(7) The President also announced a change in United States policy whereby the United States-
"(A) would no longer deploy antipersonnel landmines, including self-destructing antipersonnel landmines, by 2003, except in Korea;
"(B) would seek to field alternatives by that date, or by 2006 in the case of Korea;
"(C) would undertake a new initiative in the United Nations Conference on Disarmament to establish a global ban on the transfer of antipersonnel landmines; and
"(D) would increase its current humanitarian demining activities around the world.
"(8) The President's decision would allow the continued use by United States forces of self-destructing antipersonnel landmines that are used as part of a mixed antitank mine system.
"(9) Under existing law (as provided in section 580 of
"(b)
"(1) the United States should not implement a moratorium on the use of antipersonnel landmines by United States Armed Forces in a manner that would endanger United States personnel or undermine the military effectiveness of United States Armed Forces in executing their missions; and
"(2) the United States should pursue the development of alternatives to self-destructing antipersonnel landmines.
"(c)
"(1) The military utility of the continued deployment and use by the United States of antipersonnel landmines.
"(2) The effect of a moratorium on the production, stockpiling, and use of antipersonnel landmines on the ability of United States forces to deter and defend against attack on land by hostile forces, including on the Korean peninsula.
"(3) Progress in developing and fielding systems that are effective substitutes for antipersonnel landmines, including an identification and description of the types of systems that are being developed and fielded, the costs associated with those systems, and the estimated timetable for developing and fielding those systems.
"(4) The effect of a moratorium on the use of antipersonnel landmines on the military effectiveness of current antitank mine systems.
"(5) The number and type of pure antipersonnel landmines that remain in the United States inventory and that are subject to elimination under the President's September 17, 1997, declaration on United States antipersonnel landmine policy.
"(6) The number and type of mixed antitank mine systems that are in the United States inventory, the locations where they are deployed, and their effect on the deterrence and warfighting ability of United States Armed Forces.
"(7) The effect of the elimination of pure antipersonnel landmines on the warfighting effectiveness of the United States Armed Forces.
"(8) The costs already incurred and anticipated of eliminating antipersonnel landmines from the United States inventory in accordance with the policy enunciated by the President on September 17, 1997.
"(9) The benefits that would result to United States military and civilian personnel from an international treaty banning the production, use, transfer, and stockpiling of antipersonnel landmines."
Hate Crimes in the Military
Section 571(a), (b) of
"(a)
"(2) The Secretary of Defense shall also ensure that unit commanders are aware of their responsibilities in ensuring that impermissible activity based upon discriminatory motives does not occur in units under their command.
"(b)
Annual Report on Operation Provide Comfort and Operation Enhanced Southern Watch
Section 1041 of
"(a)
"(b)
"(1) A detailed presentation of the projected costs to be incurred by the Department of Defense for that operation during the fiscal year in which the report is submitted and projected for the following fiscal year, together with a discussion of missions and functions expected to be performed by the Department as part of that operation during each of those fiscal years.
"(2) A detailed presentation of the projected costs to be incurred by other departments and agencies of the Federal Government participating in or providing support to that operation during each of those fiscal years.
"(3) A discussion of options being pursued to reduce the involvement of the Department of Defense in those aspects of that operation that are not directly related to the military mission of the Department of Defense.
"(4) A discussion of the exit strategy for United States involvement in, and support for, that operation.
"(5) A description of alternative approaches to accomplishing the mission of that operation that are designed to limit the scope and cost to the Department of Defense of accomplishing that mission while maintaining mission success.
"(6) The contributions (both in-kind and actual) by other nations to the costs of conducting that operation.
"(7) A detailed presentation of significant Iraqi military activity (including specific violations of the no-fly zone) determined to jeopardize the security of the Kurdish population in northern Iraq.
"(c)
"(1) The expected duration and annual costs of the various elements of that operation.
"(2) The political and military objectives associated with that operation.
"(3) The contributions (both in-kind and actual) by other nations to the costs of conducting that operation.
"(4) A description of alternative approaches to accomplishing the mission of that operation that are designed to limit the scope and cost of accomplishing that mission while maintaining mission success.
"(5) A comprehensive discussion of the political and military objectives and initiatives that the Department of Defense has pursued, and intends to pursue, in order to reduce United States involvement in that operation.
"(6) A detailed presentation of significant Iraqi military activity (including specific violations of the no-fly zone) determined to jeopardize the security of the Shiite population by air attack in southern Iraq or to jeopardize the security of Kuwait.
"(d)
"(e)
"(1)
"(2)
Annual Report on Emerging Operational Concepts
George C. Marshall European Center for Strategic Security Studies
Section 1065 of
"(a)
"(2) Funds received by the Secretary under paragraph (1) shall be credited to appropriations available for the Department of Defense for the Marshall Center. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Marshall Center for the same purposes and same period as the appropriations with which merged.
"(3) The Secretary of Defense shall notify Congress if the total amount of money accepted under paragraph (1) exceeds $2,000,000 in any fiscal year. Any such notice shall list each of the contributors of such amounts and the amount of each contribution in such fiscal year.
"(4) For purposes of this subsection, a foreign gift or donation is a gift or donation of funds, materials (including research materials), property, or services (including lecture services and faculty services) from a foreign government, a foundation or other charitable organization in a foreign country, or an individual in a foreign country.
"(b)
"(2) Not later than January 31 of each year, the Secretary of Defense shall submit to Congress a report setting forth the names of the foreign nations permitted to participate in programs of the Marshall Center during the preceding year under paragraph (1). Each such report shall be prepared by the Secretary with the assistance of the Director of the Marshall Center.
"(c)
"(2) Notwithstanding any other provision of law, a member of the Marshall Center Board of Visitors may not be required to register as an agent of a foreign government solely by reason of service as a member of the Board.
"(3) Notwithstanding section 219 of title 18, United States Code, a non-United States citizen may serve on the Marshall Center Board of Visitors even though registered as a foreign agent."
Participation of Members, Dependents, and Other Persons in Crime Prevention Efforts at Installations
Section 1070 of
"(a)
"(b)
"(c)
Enforcement of Child Support Obligations of Members of the Armed Forces
"(1)
"(2)
"(A)
"(B)
"(i) who is permanently assigned overseas, to a vessel, or to a routinely deployable unit; or
"(ii) with respect to whom the Secretary concerned makes a determination that the member's residential address should not be disclosed due to national security or safety concerns.
"(3)
"(4)
Review of C4I by National Research Council
Section 262 of
"(a)
"(b)
"(1) The match between the capabilities provided by current service and defense-wide C4I programs and the actual needs of users of these programs.
"(2) The interoperability of service and defense-wide C4I systems that are planned to be operational in the future.
"(3) The need for an overall defense-wide architecture for C4I.
"(4) Proposed strategies for ensuring that future C4I acquisitions are compatible and interoperable with an overall architecture.
"(5) Technological and administrative aspects of the C4I modernization effort to determine the soundness of the underlying plan and the extent to which it is consistent with concepts for joint military operations in the future.
"(c)
"(d)
"(2) To the maximum degree possible, the final report shall be submitted in unclassified form with classified annexes as necessary.
"(e)
"(f)
"(g)
Strategy and Report on Automated Information Systems of Department of Defense
Section 366 of
"(a)
"(b)
"(1) The use of performance measures and management controls.
"(2) Findings of the Functional Management Review conducted by the Secretary.
"(3) Program management actions planned by the Secretary.
"(4) Actions and milestones necessary for completion of functional and economic analyses for-
"(A) the Automated System for Transportation data;
"(B) continuous acquisition and life cycle support;
"(C) electronic data interchange;
"(D) flexible computer integrated manufacturing;
"(E) the Navy Tactical Command Support System; and
"(F) the Defense Information System Network.
"(5) Progress made by the Secretary in resolving problems with respect to the Defense Information System Network and the Joint Computer-Aided Acquisition and Logistics Support System.
"(6) Tasks identified in the review conducted by the Secretary of the Standard Installation/Division Personnel System-3.
"(7) Such other matters as the Secretary considers appropriate.
"(c)
"(2) In the case of the Air Force Wargaming Center, the Air Force Command Exercise System, the Cheyenne Mountain Upgrade, the Transportation Coordinator Automated Command and Control Information Systems, and the Wing Command and Control Systems, the report required by paragraph (1) shall provide functional economic analyses and address waivers exercised for compelling military importance under section 381(d) of the National Defense Authorization Act for Fiscal Year 1995 (
"(3) The report required by paragraph (1) shall also include the following:
"(A) A certification by the Secretary of the termination of the Personnel Electronic Record Management System or a justification for the continued need for such system.
"(B) Findings of the Functional Management Review conducted by the Secretary and program management actions planned by the Secretary for-
"(i) the Base Level System Modernization and the Sustaining Base Information System; and
"(ii) the Standard Installation/Division Personnel System-3.
"(C) An assessment of the implementation of migration systems and applications, including-
"(i) identification of the systems and applications by functional or business area, specifying target dates for operation of the systems and applications;
"(ii) identification of the legacy systems and applications that will be terminated;
"(iii) the cost of and schedules for implementing the migration systems and applications; and
"(iv) termination schedules.
"(D) A certification by the Secretary that each information system that is subject to review by the Major Automated Information System Review Committee of the Department is cost-effective and supports the corporate information management goals of the Department, including the results of the review conducted for each such system by the Committee."
Report Concerning Appropriate Forum for Judicial Review of Department of Defense Personnel Actions
Section 551 of
"(a)
"(b)
"(2) All members of the committee shall be appointed not later than 30 days after the date of the enactment of this Act [Feb. 10, 1996].
"(c)
"(1) Whether the existing forum for such review through the United States district courts provides appropriate and adequate review of such actions.
"(2) Whether jurisdiction to conduct judicial review of such actions should be established in a single court in order to provide a centralized review of such actions and, if so, in which court that jurisdiction should be vested.
"(d)
"(2) Not later than January 1, 1997, the Secretary of Defense, after consultation with the Attorney General, shall transmit the committee's report to Congress. The Secretary may include in the transmittal any comments on the report that the Secretary or the Attorney General consider appropriate.
"(e)
Requirements for Automated Information Systems of Department of Defense
Section 381 of
"(a)
"(A) determine whether each automated information system described in paragraph (2) meets the requirements set forth in subsection (b); and
"(B) take appropriate action to end the modernization or development by the Department of Defense of any such system that the Secretary determines does not meet such requirements.
"(2) An automated information system referred to in paragraph (1) is an automated information system-
"(A) that is undergoing modernization or development by the Department of Defense;
"(B) that exceeds $50,000,000 in value; and
"(C) that is not a migration system, as determined by the Enterprise Integration Executive Board of the Department of Defense.
"(b)
"(1) contribute to the achievement of Department of Defense strategies for the use of automated information systems;
"(2) as determined by the Secretary, provide an acceptable benefit from the investment in the system or make a substantial contribution to the performance of the defense mission for which the system is used;
"(3) comply with Department of Defense directives applicable to life cycle management of automated information systems; and
"(4) be based on guidance developed under subsection (c).
"(c)
"(1) Directives of the Office of Management and Budget applicable to returns of investment for such systems.
"(2) A sound, functional economic analysis.
"(3) Established objectives for the Department of Defense information infrastructure.
"(4) Migratory assessment criteria, including criteria under guidance provided by the Defense Information Systems Agency.
"(d)
"(2) If the Secretary exercises the waiver authority provided in paragraph (1), the Secretary shall include the following in the next report required by subsection (f):
"(A) The reasons for the failure of the automated information system to meet all of the requirements of subsection (b).
"(B) A determination of whether the system is expected to meet such requirements in the future, and if so, the date by which the system is expected to meet the requirements.
"(e)
"(2) The activities referred to in paragraph (1) are the following:
"(A) Accelerated implementation of migration systems.
"(B) Establishment of data standards.
"(C) Process improvement.
"(f)
"(1) the automated information systems that, as determined under subsection (a), meet the requirements of subsection (b);
"(2) the automated information systems that, as determined under subsection (a), do not meet the requirements of subsection (b) and the action taken by the Secretary to end the use of such systems; and
"(3) the automated information systems that, as determined by the Enterprise Integration Executive Board, are migration systems.
"(g)
"(1) The progress made by the Department of Defense in achieving the goals of the corporate information management program of the Department.
"(2) The progress made by the Secretary of Defense in establishing the performance measures and management controls referred to in subsection (e)(1).
"(3) The progress made by the Department of Defense in using automated information systems that meet the requirements of subsection (b).
"(4) The report required by subsection (f) to be submitted in 1995.
"(h)
"(1) The term 'automated information system' means an automated information system of the Department of Defense described in the exhibits designated as 'IT-43' in the budget submitted to Congress by the President for fiscal year 1995 pursuant to section 1105 of title 31, United States Code.
"(2) The term 'migration system' has the meaning given such term in the document entitled 'Department of Defense Strategy for Acceleration of Migration Systems and Data Standards' attached to the memorandum of the Department of Defense dated October 13, 1993 (relating to accelerated implementation of migration systems, data standards, and process improvement)."
Section 830 of
Department of Defense Policies and Procedures on Discrimination and Sexual Harassment
Section 532 of
"(a)
"(2) The Secretary shall transmit to Congress the report of the task force not later than October 10, 1994.
"(b)
"(1) review the recommendations for action contained in the report;
"(2) determine which recommendations the Secretary approves for implementation and which recommendations the Secretary disapproves; and
"(3) submit to Congress a report that-
"(A) identifies the approved recommendations and the disapproved recommendations; and
"(B) explains the reasons for each such approval and disapproval.
"(c)
"(2) The Secretary shall issue policy guidance for the implementation of the comprehensive policy and shall require the Secretaries of the military departments to prescribe regulations to implement that policy not later than March 1, 1995.
"(3) The Secretary shall ensure that the policy is implemented uniformly by the military departments insofar as practicable.
"(4) Not later than March 31, 1995, the Secretary of Defense shall submit to Congress a proposal for any legislation necessary to enhance the capability of the Department of Defense to address the issues of unlawful discrimination and sexual harassment.
"(d)
"(2) In revising regulations pursuant to paragraph (1), the Secretary of the Navy and the Secretary of the Air Force may make such additions and modifications as the Secretary of Defense determines appropriate to strengthen those regulations beyond the substantial equivalent of the Army regulations in accordance with-
"(A) the approved recommendations of the Department of Defense Task Force on Discrimination and Sexual Harassment; and
"(B) the experience of the Army, Navy, Air Force, and Marine Corps regarding equal opportunity cases.
"(3) The Secretary of the Army shall review the regulations of the Department of the Army relating to equal opportunity policy and complaint procedures and revise the regulations as the Secretary of Defense considers appropriate to strengthen the regulations in accordance with the recommendations and experience described in subparagraphs (A) and (B) of paragraph (2).
"(e)
"(A) the recommendations of the Advisory Board as to whether the current Department of Defense organizational structure is adequate to oversee all investigative matters related to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim; and
"(B) recommendations as to whether additional data collection and reporting procedures are needed to enhance the ability of the Department of Defense to respond to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim.
"(2) The Secretary shall transmit to Congress the report of the Advisory Board not later than 15 days after receiving the report.
"(f)
Annual Report on Personnel Readiness Factors by Race and Gender
Section 533 of
"(a)
"(b)
"(1) The numbers of members of the Armed Forces temporarily and permanently nondeployable and rates of temporary and permanent nondeployability, displayed by cause of nondeployability, rank, and gender.
"(2) The numbers and rates of complaints and allegations within the Armed Forces that involve gender and other unlawful discrimination and sexual harassment, and the rates of substantiation for those complaints and allegations.
"(3) The numbers and rates of disciplinary proceedings, displayed (A) by offense or infraction committed, (B) by gender, rank, and race, and (C) by the categories specified in paragraph (2).
"(4) The retention rates, by gender, rank, and race, with an analysis of factors influencing those rates.
"(5) The propensity of persons to enlist, displayed by gender and race, with an analysis of the factors influencing those propensities.
"(c)
"(d)
Victims' Advocates Programs in Department of Defense
Section 534 of
"(a)
"(2) Programs referred to in paragraph (1) are the following:
"(A) Victim and witness assistance programs.
"(B) Family advocacy programs.
"(C) Equal opportunity programs.
"(3) In the case of the Department of the Navy, separate victims' advocates programs shall be established for the Navy and the Marine Corps.
"(b)
"(1) Crime.
"(2) Intrafamilial sexual, physical, or emotional abuse.
"(3) Discrimination or harassment based on race, gender, ethnic background, national origin, or religion.
"(c)
"(2) The Secretary of each military department shall establish similar interdisciplinary councils within that military department as appropriate to ensure the fullest coordination and effectiveness of the victims' advocates program of that military department. To the extent practicable, such a council shall be established at each significant military installation.
"(d)
"(2) Services under such a program in the case of an individual who is a victim of family violence (including intrafamilial sexual, physical, and emotional abuse) shall be provided principally through the family advocacy programs of the military departments.
"(e)
"(f)
"(g)
Assistance to Family Members of Korean Conflict and Cold War POW/MIAs Who Remain Unaccounted For
Section 1031 of
"(a)
"(1) for the immediate family members (or their designees) of any unaccounted-for Korean conflict POW/MIA; and
"(2) for the immediate family members (or their designees) of any unaccounted-for Cold War POW/MIA.
"(b)
"(1) with the procedures the family members may follow in their search for information about the unaccounted-for Korean conflict POW/MIA or unaccounted-for Cold War POW/MIA, as the case may be;
"(2) in learning where they may locate information about the unaccounted-for POW/MIA; and
"(3) in learning how and where to identify classified records that contain pertinent information and that will be declassified.
"(c)
"(d)
"(e)
"(1) The term 'unaccounted-for Korean conflict POW/MIA' means a member of the Armed Forces or civilian employee of the United States who, as a result of service during the Korean conflict, was at any time classified as a prisoner of war or missing-in-action and whose person or remains have not been returned to United States control and who remains unaccounted for.
"(2) The term 'unaccounted-for Cold War POW/MIA' means a member of the Armed Forces or civilian employee of the United States who, as a result of service during the period from September 2, 1945, to August 21, 1991, was at any time classified as a prisoner of war or missing-in-action and whose person or remains have not been returned to United States control and who remains unaccounted for.
"(3) The term 'Korean conflict' has the meaning given such term in section 101(9) of title 38, United States Code."
Plan Requiring Disbursing Officials of Department of Defense To Match Disbursements to Particular Obligations
"(a) The Secretary of Defense shall require each disbursement by the Department of Defense in an amount in excess of $500,000 be matched to a particular obligation before the disbursement is made.
"(b) The Secretary shall ensure that a disbursement in excess of the threshold amount applicable under section (a) is not divided into multiple disbursements of less than that amount for the purpose of avoiding the applicability of such section to that disbursement."
[Section 8113 of
Similar provisions were contained in the following prior appropriation acts:
Notice to Congress of Proposed Changes in Combat Assignments to Which Female Members May Be Assigned
"(a)
"(2) If before the date of the enactment of this Act [Nov. 30, 1993] the Secretary made any change to military personnel policies in order to make available to female members of the Armed Forces assignment to any type of combat unit, class of combat vessel, or type of combat platform that was not previously open to such assignments, the Secretary shall, not later than 30 days after the date of the enactment of this Act, transmit to the Committees on Armed Services of the Senate and House of Representatives notice of that change in personnel policy.
"(b)
"(2) A change referred to in paragraph (1) is a change that either-
"(A) closes to female members of the Armed Forces any category of unit or position that at that time is open to service by such members; or
"(B) opens to service by such members any category of unit or position that at that time is closed to service by such members.
"(3) The Secretary shall include in any report under paragraph (1)-
"(A) a detailed description of, and justification for, the proposed change to the ground combat exclusion policy; and
"(B) a detailed analysis of legal implication of the proposed change with respect to the constitutionality of the application of the Military Selective Service Act [50 App. U.S.C. 451 et seq.] to males only.
"(4) For purposes of this subsection, the term 'ground combat exclusion policy' means the military personnel policies of the Department of Defense and the military departments, as in effect on January 1, 1993, by which female members of the Armed Forces are restricted from assignment to units and positions whose mission requires routine engagement in direct combat on the ground."
Gender-Neutral Occupational Performance Standards
"(a)
"(1) shall ensure that qualification of members of the Armed Forces for, and continuance of members of the Armed Forces in, that occupational career field is evaluated on the basis of common, relevant performance standards, without differential standards or evaluation on the basis of gender;
"(2) may not use any gender quota, goal, or ceiling except as specifically authorized by law; and
"(3) may not change an occupational performance standard for the purpose of increasing or decreasing the number of women in that occupational career field.
"(b)
"(2) Whenever the Secretary establishes or revises a physical requirement for an occupational specialty, a member serving in that occupational specialty when the new requirement becomes effective, who is otherwise considered to be a satisfactory performer, shall be provided a reasonable period, as determined under regulations prescribed by the Secretary, to meet the standard established by the new requirement. During that period, the new physical requirement may not be used to disqualify the member from continued service in that specialty.
"(c)
Foreign Language Proficiency Test Program
"(a)
"(1) the June 1993 inspection report of the Inspector General of the Department of Defense on the Defense Foreign Language Program (report numbered 93–INS–10);
"(2) the report of the Sixth Quadrennial Review of Military Compensation (August 1988); and
"(3) any other recent study of the foreign language proficiency program of the Department of Defense.
"(b)
"(1) Management of linguist billets and personnel for the active and reserve components from a Total Force perspective.
"(2) Improvement of linguist training programs, both resident and nonresident, to provide greater flexibility, to accommodate missions other than signals intelligence, and to improve the provision of resources for nonresident programs.
"(3) Centralized responsibility within the Office of the Secretary of Defense to provide coordinated oversight of all foreign language issues and programs, including a centralized process for determination, validation, and documentation of foreign language requirements for different services and missions.
"(4) Revised policies of each of the military departments to foster maintenance of highly perishable linguistic skills through improved management of the careers of language-trained personnel, including more effective use of language skills, improved career opportunities within the linguistics field, and specific linkage of language proficiency to promotions.
"(5) In the case of language-trained members of the reserve components-
"(A) the use of additional training assemblies (ATAs) as a means of sustaining linguistic proficiency and enhancing retention; and
"(B) the use of larger enlistment and reenlistment bonuses, Special Duty Assignment Pay, and educational incentives.
"(6) Such other management changes as the Secretary may consider necessary.
"(c)
"(2) Before any adjustment in foreign language proficiency pay is included in the test program as authorized by paragraph (1), the Secretary shall submit to the committees named in subsection (d)(2) the following information related to proficiency pay adjustments:
"(A) The response of the Secretary to the findings of the Inspector General in the report on the Defense Foreign Language Program referred to in subsection (a)(1), specifically including the following matters raised in that report:
"(i) Inadequate centralized oversight of planning, policy, roles, responsibilities, and funding for foreign language programs.
"(ii) Inadequate management and validation of the requirements process for foreign language programs.
"(iii) Inadequate uniform career management of language-trained personnel, including failure to take sufficient advantage of language skills and to recoup investment of training dollars.
"(iv) Inadequate training programs, both resident and nonresident.
"(B) The current manning of linguistic billets (shown by service, by active or reserve component, and by career field).
"(C) The rates of retention in the service for language-trained personnel (shown by service, by active or reserve component, and by career field).
"(D) The rates of retention by career field for language-trained personnel (shown by service and by active or reserve component).
"(E) The rates of language proficiency for personnel serving in linguistic billets (shown by service, by active or reserve component, and by career field).
"(F) Trends in performance ratings for personnel serving in linguistic billets (shown by service, by active or reserve component, and by career field).
"(G) Promotion rates for personnel serving in linguistic billets (shown by service, by active or reserve component, and by career field).
"(H) The estimated cost of foreign language proficiency pay as proposed to be paid at the adjusted rates for the test program under paragraph (1)-
"(i) for each year of the test program; and
"(ii) for five years, if those rates are subsequently applied to the entire Department of Defense.
"(3) The rates for adjusted foreign language proficiency pay as proposed to be paid for the test program under paragraph (1) may not take effect for the test program unless the senior official responsible for personnel matters in the Office of the Secretary of Defense determines that-
"(A) the foreign language proficiency pay levels established for the test program are consistent with proficiency pay levels for other functions throughout the Department of Defense; and
"(B) the terms and conditions for receiving foreign language proficiency pay conform to current policies and practices within the Department of Defense.
"(d)
"(2) The committees referred to in paragraph (1) are-
"(A) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and
"(B) the Committee on Armed Services and the Select Committee on Intelligence of the Senate.
"(e)
"(2) For purposes of paragraph (1), days on which either House is not in session because of an adjournment of more than 3 days to a day certain or because of an adjournment sine die shall be excluded in the computation of such 180-day period.
"(3) The test program shall terminate two years after it begins."
Security Clearances
Section 1041 of
"(a)
"(b)
"(1) The number of denials, revocations, and suspensions of a security clearance, including clearance for special access programs and for sensitive compartmented information.
"(2) For cases involving the denial or revocation of a security clearance, the average period from the date of the initial determination and notification to the individual concerned of the denial or revocation of the clearance to the date of the final determination of the denial or revocation, as well as the shortest and longest period in such cases.
"(3) For cases involving the suspension of a security clearance, the average period from the date of the initial determination and notification to the individual concerned of the suspension of the clearance to the date of the final determination of the suspension, as well as the shortest and longest period of such cases.
"(4) The number of cases in which a security clearance was suspended in which the resolution of the matter was the restoration of the security clearance, and the average period for such suspensions.
"(5) The number of cases (shown only for members of the Armed Forces and civilian officers and employees of the Department of Defense) in which an individual who had a security clearance denied or revoked remained a member of the Armed Forces or a civilian officer or employee, as the case may be, at the end of the fiscal year.
"(6) The number of cases in which an individual who had a security clearance suspended, and in which no final determination had been made, remained a member of the Armed Forces, a civilian officer or employee, or an employee of a contractor, as the case may be, at the end of the fiscal year.
"(7) The number of cases in which an appeal was made from a final determination to deny or revoke a security clearance and, of those, the number in which the appeal resulted in the granting or restoration of the security clearance."
"(a)
"(2) Such review shall specifically consider-
"(A) whether the procedural rights provided to Department of Defense civilian employees should be enhanced to include the procedural rights available to Department of Defense contractor employees;
"(B) whether the procedural rights provided to Department of Defense civilian employees should be enhanced to include the procedural rights available to similarly situated employees in those Government agencies that provide greater rights than the Department of Defense; and
"(C) whether there should be a difference between the rights provided to both Department of Defense civilian and contractor employees with respect to security clearances and the rights provided with respect to sensitive compartmented information and special access programs.
"(b)
"(c)
Investigations of Deaths of Members of Armed Forces From Self-Inflicted Causes
"(a)
"(2) Not later than July 15, 1994, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of such review. The report may include any recommendations for legislation that the Secretary considers appropriate.
"(3) Not later than October 1, 1994, the Secretary shall prescribe regulations governing the investigation of deaths of members of the Armed Forces that may have resulted from self-inflicted causes. The regulations shall include a date by which the Secretaries of the military departments are required to implement the regulations.
"(b)
"(2) The period referred to in paragraph (1) is the period that-
"(A) begins on January 1, 1982; and
"(B) ends on the date specified in the regulations prescribed under subsection (a)(3) as the deadline for the implementation of such regulations by the Secretaries of the military departments.
"(3) Any of the family members of a member of the Armed Forces referred to in paragraph (1) may request a review under paragraph (1). The request must be received by the Secretary of the military department concerned not later than one year after the date referred to in paragraph (2)(B) and shall contain or describe specific evidence of a material deficiency in the previous investigation.
"(4) If the Inspector General determines that a previous investigation of a death was deficient in a material respect, the Inspector General shall conduct any additional investigation that the Inspector General considers necessary to determine the cause of that death.
"(5) The Inspector General shall submit to the Secretary of the military department concerned a report on the results of each review conducted under paragraph (1) and each additional investigation conducted under paragraph (4) as a result of that review.
"(6) The Secretary of the military department concerned, consistent with other applicable law, shall take such corrective actions with regard to matters contained in the report as the Secretary considers appropriate.
"(7) To the same extent that fatality reports may be furnished to family members under section 1072 of the National Defense Authorization Act for Fiscal Year 1993 (
"(c)
"(1) The term 'active duty' has the meaning given such term in section 101(d)(1) of title 10, United States Code.
"(2) The term 'family members' has the meaning given such term in section 1072(c)(2) of the National Defense Authorization Act for Fiscal Year 1993 (
"(d)
Program To Commemorate World War II
"(a)
"(b)
"(c)
"(1) to provide the people of the United States with a clear understanding and appreciation of the lessons and history of World War II;
"(2) to thank and honor veterans of World War II and their families;
"(3) to pay tribute to the sacrifices and contributions made on the home front by the people of the United States;
"(4) to foster an awareness in the people of the United States that World War II was the central event of the 20th century that defined the postwar world;
"(5) to highlight advances in technology, science, and medicine related to military research conducted during World War II;
"(6) to inform wartime and postwar generations of the contributions of the Armed Forces of the United States to the United States;
"(7) to recognize the contributions and sacrifices made by World War II allies of the United States; and
"(8) to highlight the role of the Armed Forces of the United States, then and now, in maintaining world peace through strength.
"(d)
"(2) Without the consent of the Secretary of Defense, any person who uses any emblem, sign, insignia, or word adopted, used, or registered as a trademark or service mark by the Secretary in accordance with paragraph (1), or any combination or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to falsely suggest a connection with the program referred to in subsection (a), shall be subject to suit in a civil action by the Attorney General, upon complaint by the Secretary of Defense, for the remedies provided in the Act of July 5, 1946, as amended (
"(3) Any person who actually used an emblem, sign, insignia, or word adopted, used, or registered as a trademark or service mark by the Secretary in accordance with paragraph (1), or any combination or simulation thereof, for any lawful purpose before such adoption, use, or registration as a trademark or service mark by the Secretary shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services.
"(e)
"(2) The Secretary may use the funds in the account established in paragraph (1) only for the purpose of conducting the program referred to in subsection (a).
"(3) Not later than 60 days after the termination of the authority of the Secretary to conduct the commemoration program referred to in subsection (a), the Secretary shall transmit to the Committees on Armed Services of the Senate and House of Representatives a report containing an accounting of all the funds deposited into and expended from the account or otherwise expended under this section, and of any amount remaining in the account. Unobligated funds which remain in the account after termination of the authority of the Secretary under this section shall be held in the account until transferred by law after the Committees receive the report.
"(f)
"(2) A person providing voluntary services under this subsection shall be considered to be an employee for the purposes of chapter 81 of title 5, relating to compensation for work-related injuries. Such a person who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purposes by reason of the provision of such service.
"(3) The Secretary of Defense may provide for reimbursement of incidental expenses which are incurred by a person providing voluntary services under this subsection. The Secretary of Defense shall determine which expenses are eligible for reimbursement under this paragraph."
Review of Military Flight Training Activities at Civilian Airfields
"(a)
"(b)
"(c)
Report on Actions To Reduce Disincentives for Dependents To Report Abuse by Members of Armed Forces
"(1) Not later than December 15, 1993, the Secretary of Defense shall transmit to the Congress a report on the actions taken and planned to be taken in the Department of Defense to reduce or eliminate disincentives for a dependent of a member of the Armed Forces abused by the member to report the abuse to appropriate authorities.
"(2) The actions considered by the Secretary should include the provision of treatment, child care services, health care services, job training, job placement services, and transitional financial assistance for dependents of members of the Armed Forces referred to in paragraph (1)."
Survivor Notification and Access to Reports Relating to Service Members Who Die
"(a)
"(1)
"(2)
"(A) in any case in which the cause or circumstances surrounding the death are under investigation, are informed of that fact, of the names of the agencies within the Department of Defense conducting the investigations, and of the existence of any reports by such agencies that have been or will be issued as a result of the investigations; and
"(B) are furnished, if the family members so desire, a copy of any completed investigative report and any other completed fatality reports that are available at the time family members are provided the information described in subparagraph (A) to the extent such reports may be furnished consistent with sections 552 and 552a of title 5, United States Code.
"(3)
"(B) In any case in which an investigative report or other fatality reports cannot be released at the time family members of a service member are provided the information described in paragraph (2)(A) about the member's death because of section 552 or 552a of title 5, United States Code, the Secretary concerned shall ensure that the family members-
"(i) are informed about the requirements and procedures necessary to request a copy of such reports; and
"(ii) are assisted, if the family members so desire, in submitting a request in accordance with such requirements and procedures.
"(C) The requirement of subparagraph (B) to inform and assist family members in obtaining copies of fatality reports shall continue until a copy of each report is obtained, or access to any such report is denied by competent authority within the Department of Defense.
"(4)
"(b)
"(1)
"(A) Whether uniformity in combat fatality notification procedures among the military departments is desirable, particularly with respect to-
"(i) the use of one or two casualty notification and assistance officers;
"(ii) the use of standardized fatality report forms and witness statements;
"(iii) the use of a single center for all military departments through which combat fatality information may be processed; and
"(iv) the use of uniform procedures and the provision of a dispute resolution process for instances in which members of one of the Armed Forces inflict casualties on members of another of the Armed Forces.
"(B) Whether existing combat fatality report forms should be modified to include a block or blocks with which to identify the cause of death as 'friendly fire', 'U.S. ordnance', or 'unknown'.
"(C) Whether the existing 'Emergency Data' form prepared by members of the Armed Forces should be revised to allow members to specify provision for notification of additional family members in cases such as the case of a divorced service member who leaves children with both a current and a former spouse.
"(D) Whether the military departments should, in all cases, provide family members of a service member who died as a result of injuries sustained in combat with full and complete details of the death of the service member, regardless of whether such details may be graphic, embarrassing to the family members, or reflect negatively on the military department concerned.
"(E) Whether, and when, the military departments should inform family members of a service member who died as a result of injuries sustained in combat about the possibility that the death may have been the result of friendly fire.
"(F) The criteria and standards which the military departments should use in deciding when disclosure is appropriate to family members of a member of the military forces of an allied nation who died as a result of injuries sustained in combat when the death may have been the result of fire from United States armed forces and an investigation into the cause or circumstances of the death has been conducted.
"(2)
"(c)
"(1) The term 'fatality reports' includes investigative reports and any other reports pertaining to the cause or circumstances of death of a member of the Armed Forces in the line of duty (such as autopsy reports, battlefield reports, and medical reports).
"(2) The term 'family members' means parents, spouses, adult children, and such other relatives as the Secretary concerned considers appropriate.
"(d)
"(2) With respect to deaths of members of the Armed Forces occurring before the date of the enactment of this Act, the Secretary concerned shall provide fatality reports to family members upon request as promptly as practicable."
Limitation on Support for United States Contractors Selling Arms Overseas
"(a)
"(1) all incremental costs of military personnel accompanying the equipment, including food, lodging, and local transportation;
"(2) all incremental transportation costs incurred in moving such equipment from its normally assigned location to the airshow or trade exhibition and return; and
"(3) any other miscellaneous incremental costs not included under paragraphs (1) and (2) that are incurred by the Federal Government but would not have been incurred had military support not been provided to the contractor or industrial association.
"(b)
"(A) determines that it is in the national security interests of the United States for the military department to do so; and
"(B) provides to the congressional defense committees at least 45 days before the opening of the airshow or trade exhibition a report detailing-
"(i) why the show or exhibition is in the national security interest;
"(ii) a description of the implications that promoting the sale of the weapons in question will have on arms control; and
"(iii) an estimate of any costs to be incurred.
"(2) The Secretary of Defense may not delegate the authority to make the determination referred to in paragraph (1)(A) below the level of the Under Secretary of Defense for Policy.
"(c)
Overseas Military End Strength
Reports on Overseas Basing
"(a)
"(1) the stationing and basing plan by installation for United States military forces outside the United States;
"(2) the status of closures of United States military installations located outside the United States;
"(3) both-
"(A) the status of negotiations, if any, between the United States and the host government as to (i) United States claims for compensation for the fair market value of the improvements made by the United States at each installation referred to in paragraph (2), and (ii) any claims of the host government for damages or restoration of the installation; and
"(B) the representative of the United States in any such negotiations;
"(4) the potential savings to the United States resulting from such closures;
"(5) the cost to the United States of any improvements made at each installation referred to in paragraph (2) and the fair market value of such improvements, expressed in constant dollars based on the date of completion of the improvements;
"(6) in each case in which negotiations between the United States and a host government have resulted in an agreement for the payment to the United States by the host government of the value of improvements to an installation made by the United States, the amount of such payment, the form of such payment, and the expected date of such payment; and
"(7) efforts and progress toward achieving host nation offsets under section 1301(e) [
"(b)
Commission on Assignment of Women in Armed Forces
Sections 541–550 of
Requirements Relating to European Military Procurement Practices
Section 832 of
"(a)
"(1) compute the total value of American-made military goods and services procured each year by European governments or companies;
"(2) review defense procurement practices of European governments to determine what factors are considered in the selection of contractors and to determine whether American firms are discriminated against in the selection of contractors for purchases by such governments of military goods and services; and
"(3) establish a procedure for discussion with European governments about defense contract awards made by them that American firms believe were awarded unfairly.
"(b)
"(c)
Department of Defense Use of National Intelligence Collection Systems
Section 924 of
"(a)
"(b)
"(c)
"(1) describing the procedures prescribed under subsection (a); and
"(2) stating the assessment of the Chairman of the Joint Chiefs of Staff of the performance in joint training exercises of the national intelligence collection systems and the Chairman's recommendations for any changes that the Chairman considers appropriate to improve that performance."
Family Support Center for Families of Prisoners of War and Persons Missing in Action
Section 1083 of
"(a)
"(b)
Reports on Foreign Contributions and Costs of Operation Desert Storm
Child Care Assistance to Families of Members Serving on Active Duty During Persian Gulf Conflict
"(a)
"(b)
"(c)
Family Education and Support Services to Families of Members Serving on Active Duty in Operation Desert Storm
"(a)
"(b)
"(c)
"(A) in which a substantial number of members of the active components of the Armed Forces of the United States are permanently assigned and from which a significant number of such members are being deployed, or have been deployed, in connection with Operation Desert Storm; or
"(B) from which a significant number of members of the reserve components of the Armed Forces ordered to, or retained on, active duty pursuant to section 672(a) [now 12301(a)], 672(d) [now 12301(d)], 673 [now 12302], 673b [now 12304], or 688 of title 10, United States Code, are being deployed, or have been deployed, in connection with Operation Desert Storm.
"(2) The Secretary of Defense shall determine which areas meet the criteria set out in paragraph (1).
"(d)
"(1) Individual or group counseling for children and other members of the families of members of the Armed Forces of the United States who have been deployed in connection with, or are casualties of, Operation Desert Storm.
"(2) Training and technical assistance to better prepare teachers and other school employees to address questions and concerns of children of such members of the Armed Forces.
"(3) Other appropriate programs, services, and information designed to address the special needs of children and other members of the families of members of the Armed Forces referred to in paragraph (1) resulting from the deployment, the return from deployment, or the medical or rehabilitation needs of such members.
"(e)
"(1) Family crisis intervention.
"(2) Family counseling.
"(3) Family support groups.
"(4) Expenses for volunteer activities.
"(5) Respite care.
"(6) Housing protection and advocacy.
"(7) Food assistance.
"(8) Employment assistance.
"(9) Child care.
"(10) Benefits eligibility determination services.
"(11) Transportation assistance.
"(12) Adult day care for dependent elderly and disabled adults.
"(13) Temporary housing assistance for immediate family members visiting soldiers wounded during Operation Desert Storm and receiving medical treatment at military hospitals and facilities in the United States.
"(f)
Withholding of Payments to Indirect-Hire Civilian Personnel of Nonpaying Pledging Nations
"(a)
"(b)
"(c)
"(d)
Programming Language for Department of Defense Software
Similar provisions were contained in the following prior appropriation acts:
Contributions by Japan to Support of United States Forces in Japan
"(a)
"(b)
"(c)
"(d)
"(2) The President may waive the limitation in this section for any fiscal year if he declares that it is in the national interest to do so and immediately informs Congress of the waiver and the reasons for the waiver.
"(e)
Section 1455 of
"(a)
"(b)
"(c)
"(2) It is the sense of Congress that-
"(A) all countries that share the benefits of international security and stability should, commensurate with their national capabilities, share in the responsibility for maintaining that security and stability; and
"(B) given the economic capability of Japan to contribute to international security and stability, Japan should make contributions commensurate with that capability.
"(d)
"(e)
"(2) This section may be waived by the President if the President-
"(A) declares an emergency or determines that such a waiver is required by the national security interests of the United States; and
"(B) immediately informs the Congress of the waiver and the reasons for the waiver."
National Military Strategy Reports
Section 901 of
"(a)
"(b)
"(1) The threats facing the United States and its allies.
"(2) The degree to which military forces can contribute to the achievement of national objectives.
"(3) The strategic military plan for applying those forces to the achievement of national objectives.
"(4) The risk to the national security of the United States and its allies that ensues.
"(5) The organization and structure of military forces to implement the strategy.
"(6) The broad mission areas for various components of the forces and the broad support requirements to implement the strategy.
"(7) The functions for which each military department should organize, train, and equip forces for the combatant commands responsible for implementing the strategy.
"(8) The priorities assigned to major weapons and equipment acquisitions and to research and development programs in order to fill the needs and eliminate deficiencies of the combatant commands.
"(c)
"(d)
"(e)
"(f)
Annual Report on Balanced Technology Initiative
Section 211(e) of
Military Relocation Assistance Programs
Section 661 of
Military Child Care
Title XV of div. A of
Lead Agency for Detection of Transit of Illegal Drugs
Section 1102 of
Annual Assessment of Security at United States Bases in Philippines
Section 1309 of
Department of Defense Overseas Personnel; Actions Resulting in More Balanced Sharing of Defense and Foreign Assistance Spending Burdens by United States and Allies; Reports to Congress; Limitation on Active Duty Armed Forces Members in Japan and Republic of Korea
"(a)(1) Not later than March 1, 1989, the Secretary of Defense shall submit to Congress a report on the assignment of military missions among the member countries of North Atlantic Treaty Organization (NATO) and on the prospects for the more effective assignment of such missions among such countries.
"(2) The report shall include a discussion of the following:
"(A) The current assignment of military missions among the member countries of NATO.
"(B) Military missions for which there is duplication of capability or for which there is inadequate capability within the current assignment of military missions within NATO.
"(C) Alternatives to the current assignment of military missions that would maximize the military contributions of the member countries of NATO.
"(D) Any efforts that are underway within NATO or between individual member countries of NATO at the time the report is submitted that are intended to result in a more effective assignment of military missions within NATO.
"(b) The Secretary of Defense and the Secretary of State shall (1) conduct a review of the long-term strategic interests of the United States overseas and the future requirements for the assignment of members of the Armed Forces of the United States to permanent duty ashore outside the United States, and (2) determine specific actions that, if taken, would result in a more balanced sharing of defense and foreign assistance spending burdens by the United States and its allies. Not later than August 1, 1989, the Secretary of Defense and the Secretary of State shall transmit to Congress a report containing the findings resulting from the review and their determinations.
"(c) [Repealed.
"(d) The President shall specify (separately by appropriation account) in the Department of Defense items included in each budget submitted to Congress under section 1105 of title 31, United States Code, (1) the amounts necessary for payment of all personnel, operations, maintenance, facilities, and support costs for Department of Defense overseas military units, and (2) the costs for all dependents who accompany Department of Defense personnel outside the Unied [sic] States.
"(e) Not later than May 1, 1989, the Secretary of Defense shall submit to the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives a report that sets forth the total costs required to support the dependents who accompany Department of Defense personnel assigned to permanent duty overseas.
"(f) As of September 30 of each fiscal year, the number of members of the Armed Forces on active duty assigned to permanent duty ashore in Japan and the Republic of Korea may not exceed 94,450 (the number of members of the Armed Forces on active duty assigned to permanent duty ashore in Japan and the Republic of Korea on September 30, 1987). The limitation in the preceding sentence may be increased if and when (1) a major reduction of United States forces in the Republic of the Philippines is required because of a loss of basing rights in that nation, and (2) the President determines and certifies to Congress that, as a consequence of such loss, an increase in United States forces stationed in Japan and the Republic of Korea is necessary.
"(g)(1) After fiscal year 1990, budget submissions to Congress under section 1105 of title 31, United States Code, shall identify funds requested for Department of Defense personnel and units in permanent duty stations ashore outside the United States that exceed the amount of such costs incurred in fiscal year 1989 and shall set forth a detailed description of (A) the types of expenditures increased, by appropriation account, activity and program; and (B) specific efforts to obtain allied host nations' financing for these cost increases.
"(2) The Secretary of Defense shall notify in advance the Committee on Appropriations and the Committee on Armed Services of the Senate and the Committee on Appropriations and the Committee on Armed Services of the House of Representatives, through existing notification procedures, when costs of maintaining Department of Defense personnel and units in permanent duty stations ashore outside the United States will exceed the amounts as defined in the Department of Defense budget as enacted for that fiscal year. Such notification shall describe: (A) the type of expenditures that increased; and (B) the source of funds (including prior year unobligated balances) by appropriation account, activity and program, proposed to finance these costs.
"(3) In computing the costs incurred for maintaining Department of Defense personnel and forces in permanent duty stations ashore outside the United States compared with the amount of such costs incurred in fiscal year 1989, the Secretary shall-
"(A) exclude increased costs resulting from increases in the rates of pay provided for members of the Armed Forces and civilian employees of the United States Government and exclude any cost increases in supplies and services resulting from inflation; and
"(B) include (i) the costs of operation and maintenance and of facilities for the support of Department of Defense overseas personnel, and (ii) increased costs resulting from any decline in the foreign exchange rate of the United States dollar.
"(h) The provisions of subsections (f) and (g) shall not apply in time of war or during a national emergency declared by the President or Congress.
"(i) In this section-
"(1) the term 'personnel' means members of the Armed Forces of the United States and civilian employees of the Department of Defense;
"(2) the term 'Department of Defense overseas personnel' means those Department of Defense personnel who are assigned to permanent duty ashore outside the United States; and
"(3) the term 'United States' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States."
Annual Report on Costs of Stationing United States Troops Overseas
Regulations Regarding Employment and Volunteer Work of Spouses of Military Personnel
Section 637 of
"(1) the decision by a spouse of a member of the Armed Forces to be employed or to voluntarily participate in activities relating to the Armed Forces should not be influenced by the preferences or requirements of the Armed Forces; and
"(2) neither such decision nor the marital status of a member of the Armed Forces should have an effect on the assignment or promotion opportunities of the member."
Test Program for Reimbursement for Adoption Expenses
Section 638 of
"(a)
"(b)
"(c)
"(d)
"(e)
"(2) Not more than $5,000 may be paid to a member of the Armed Forces under this section for adoptions by such member in any calendar year.
"(f)
"(g)
"(1) The term 'qualifying adoption expenses' means reasonable and necessary expenses that are directly related to the legal adoption of a child under 18 years of age, but only if such adoption is arranged-
"(A) by a State or local government agency which has responsibility under State or local law for child placement through adoption;
"(B) by a nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption; or
"(C) through a private placement.
"(2) The term 'qualifying adoption expenses' does not include any expense incurred-
"(A) for any travel performed outside the United States by an adopting parent, unless such travel-
"(i) is required by law as a condition of a legal adoption in the country of the child's origin, or is otherwise necessary for the purpose of qualifying for the adoption of a child;
"(ii) is necessary for the purpose of assessing the health and status of the child to be adopted; or
"(iii) is necessary for the purpose of escorting the child to be adopted to the United States or the place where the adopting member of the Armed Forces is stationed; or
"(B) in connection with an adoption arranged in violation of Federal, State, or local law.
"(3) The term 'reasonable and necessary expenses' includes-
"(A) public and private agency fees, including adoption fees charged by an agency in a foreign country;
"(B) placement fees, including fees charged adoptive parents for counseling;
"(C) legal fees, including court costs;
"(D) medical expenses, including hospital expenses of a newborn infant, for medical care furnished the adopted child before the adoption, and for physical examinations for the adopting parents;
"(E) expenses relating to pregnancy and childbirth for the biological mother, including counseling, transportation, and maternity home costs;
"(F) temporary foster care charges when payment of such charges is required to be made immediately before the child's placement; and
"(G) except as provided in paragraph (2)(A), transportation expenses relating to the adoption.
"(h)
"(1) in the case of a member of the Army, Navy, Air Force, or Marine Corps, after September 30, 1987, and before October 1, 1990; and
"(2) in the case of a member of the Coast Guard, after September 30, 1989, and before October 1, 1990."
Counterintelligence Polygraph Program
Section 1121 of
"(a)
"(b)
"(1) Military and civilian personnel of the Department of Defense.
"(2) Personnel of defense contractors.
"(c)
"(d)
"(1) to a person assigned or detailed to the Central Intelligence Agency or to an expert or consultant under a contract with the Central Intelligence Agency;
"(2) to (A) a person employed by or assigned or detailed to the National Security Agency, (B) an expert or consultant under contract to the National Security Agency, (C) an employee of a contractor of the National Security Agency, or (D) a person applying for a position in the National Security Agency;
"(3) to a person assigned to a space where sensitive cryptographic information is produced, processed, or stored; or
"(4) to a person employed by, or assigned or detailed to, an office within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs or a contractor of such an office.
"(e)
"(1) an on-going evaluation of the validity of polygraph techniques used by the Department;
"(2) research on polygraph countermeasures and anti-countermeasures; and
"(3) developmental research on polygraph techniques, instrumentation, and analytic methods.
"(f)
"(2) Each such report shall include the following with regard to the program authorized by subsection (a):
"(A) A statement of the number of polygraph examinations administered by or for the Department of Defense during such fiscal year.
"(B) A description of the purposes and results of such examinations.
"(C) A description of the criteria used for selecting programs and persons for such examination.
"(D) A statement of the number of persons who refused to submit to such an examination and a description of the actions taken as a result of the refusals.
"(E) A statement of the number of persons for which such an examination indicated deception and the action taken as a result of the examinations.
"(F) A detailed accounting of those cases in which more than two such examinations were needed to attempt to resolve discrepancies and those cases in which the examination of a person extended over more than one day.
"(3) Each such report shall also include the following:
"(A) A description of any plans to expand the use of polygraph examinations in the Department of Defense.
"(B) A discussion of any plans of the Secretary for recruiting and training additional polygraph operators together with statistical data on the employment turnover of Department of Defense polygraph operators.
"(C) A description of the results during the preceding fiscal year of the research program under subsection (e).
"(D) A statement of the number of polygraph examinations administered to persons described in subsection (d) (which number may be set forth in a classified annex to the report).
"(g)
"(h)
Coordination of Permanent Change of Station Moves With School Year
Comparable Budgeting for Similar Systems
Annual Report to Congress on Implementation of Joint Officer Personnel Policy
Section 405 of
Initial Report to Congress
Section 406(g) of
Security at Military Bases Abroad
"SEC. 1101. FINDINGS.
"The Congress finds that-
"(1) there is evidence that terrorists consider bases and installations of United States Armed Forces outside the United States to be targets for attack;
"(2) more attention should be given to the protection of members of the Armed Forces, and members of their families, stationed outside the United States; and
"(3) current programs to educate members of the Armed Forces, and members of their families, stationed outside of the United States to the threats of terrorist activity and how to protect themselves should be substantially expanded.
"SEC. 1102. RECOMMENDED ACTIONS BY THE SECRETARY OF DEFENSE.
"It is the sense of the Congress that-
"(1) the Secretary of Defense should review the security of each base and installation of the Department of Defense outside the United States, including the family housing and support activities of each such base or installation, and take the steps the Secretary considers necessary to improve the security of such bases and installations; and
"(2) the Secretary of Defense should institute a program of training for members of the Armed Forces, and for members of their families, stationed outside the United States concerning security and antiterrorism.
"SEC. 1103. REPORT TO THE CONGRESS.
"No later than June 30, 1987, the Secretary of Defense shall report to the Congress on any actions taken by the Secretary described in section 1102."
Surcharge for Sales by Animal Disease Prevention and Control Centers; Fee for Veterinary Services
"(a)
"(b)
"(d)
Military Family Policy and Programs
Academic Institutions Eligible To Provide Educational Services; Prohibition of Certain Restrictions
"(a) No solicitation, contract, or agreement for the provision of off-duty postsecondary education services for members of the Armed Forces of the United States, civilian employees of the Department of Defense, or the dependents of such members or employees may discriminate against or preclude any accredited academic institution authorized to award one or more associate degrees from offering courses within its lawful scope of authority solely on the basis of such institution's lack of authority to award a baccalaureate degree.
"(b) No solicitation, contract, or agreement for the provision of off-duty postsecondary education services for members of the Armed Forces of the United States, civilian employees of the Department of Defense, or the dependents of such members or employees, other than those for services at the graduate or postgraduate level, may limit the offering of such services or any group, category, or level of courses to a single academic institution. However, nothing in this section shall prohibit such actions taken in accordance with regulations of the Secretary of Defense which are uniform for all armed services as may be necessary to avoid unnecessary duplication of offerings, consistent with the purpose of this provision of ensuring the availability of alternative offerors of such services to the maximum extent feasible.
"(c)(1) The Secretary of Defense shall conduct a study to determine the current and future needs of members of the Armed Forces, civilian employees of the Department of Defense, and the dependents of such members and employees for postsecondary education services at overseas locations. The Secretary shall determine on the basis of the results of that study whether the policies and procedures of the Department in effect on the date of the enactment of the Department of Defense Authorization Act for Fiscal Years 1990 and 1991 [probably means date of enactment of
"(A) consistent with the provisions of subsections (a) and (b);
"(B) adequate to ensure the recipients of such services the benefit of a choice in the offering of such services; and
"(C) adequate to ensure that persons stationed at geographically isolated military installations or at installations with small complements of military personnel are adequately served.
The Secretary shall complete the study in such time as necessary to enable the Secretary to submit the report required by paragraph (2)(A) by the deadline specified in that paragraph.
"(2)(A) The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study referred to in paragraph (1), together with a copy of any revisions in policies and procedures made as a result of such study. The report shall be submitted not later than March 1, 1990.
"(B) The Secretary shall include in the report an explanation of how determinations are made with regard to-
"(i) affording members, employees, and dependents a choice in the offering of courses of postsecondary education; and
"(ii) whether the services provided under a contract for such services should be limited to an installation, theater, or other geographic area.
"(3)(A) Except as provided in subparagraph (B), no contract for the provision of services referred to in subsection (a) may be awarded, and no contract or agreement entered into before the date of the enactment of this paragraph [Nov. 29, 1989] may be renewed or extended on or after such date, until the end of the 60-day period beginning on the date on which the report referred to in paragraph (2)(A) is received by the committees named in that paragraph.
"(B) A contract or an agreement in effect on October 1, 1989, for the provision of postsecondary education services in the European Theater for members of the Armed Forces, civilian employees of the Department of Defense, and the dependents of such members and employees may be renewed or extended without regard to the limitation in subparagraph (A).
"(C) In the case of a contract for services with respect to which a solicitation is pending on the date of the enactment of this paragraph [Nov. 29, 1989], the contract may be awarded-
"(i) on the basis of the solicitation as issued before the date of the enactment of this paragraph;
"(ii) on the basis of the solicitation issued before the date of the enactment of this paragraph modified so as to conform to any changes in policies and procedures the Secretary determines should be made as a result of the study required under paragraph (1); or
"(iii) on the basis of a new solicitation.
"(d) Nothing in this section shall be construed to require more than one academic institution to be authorized to offer courses aboard a particular naval vessel."
Report of Unobligated Balances
Defense Industrial Base for Textile and Apparel Products
Hotline Between United States and Soviet Union
"
"(b) Funds received from Russia as payment for such equipment and services shall be credited to the appropriate account of Department of Defense."
[
Consolidation of Functions of Military Transportation Commands Prohibited
Reports to Congress on Recommendations With Respect to Elimination of Waste, Fraud, Abuse, and Mismanagement in Department of Defense
Military Installations To Be Closed in United States, Guam, or Puerto Rico; Studies To Determine Potential Use
Reports to Congressional Committees on Foreign Policy and Military Force Structure
Report to Congress on Sale or Transfer of Defense Articles
Procurement of Aircraft, Missiles, Naval Vessels, Tracked Combat Vehicles, and Other Weapons; Authorization of Appropriations for Procurement, Research, Development, Test, and Evaluation Activities; Selected Reserve of Reserve Components: Annual Authorization of Personnel Strength
Section 412 of
Ex. Ord. No. 12765. Delegation of Certain Defense Related Authorities of President to Secretary of Defense
Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 27401, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, and my authority as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:
George Bush.
Waiver of Limitation With Respect to End Strength Level of U.S. Armed Forces in Japan for Fiscal Year 1991
Memorandum of the President of the United States, May 14, 1991, 56 F.R. 23991, provided:
Memorandum for the Secretary of Defense
Consistent with section 8105(d)(2) of the Department of Defense Appropriation Act, 1991 (
You are authorized and directed to inform the Congress of this waiver and of the reasons for the waiver contained in the attached justification, and to publish this memorandum in the Federal Register.
George Bush.
Justification Pursuant to Section 8105(d)(2) of the Department of Defense Appropriations Act, 1991 (Public Law No. 101–511 ; 104 Stat. 1856 )
In January of this year the Department of Defense signed a new Host Nation Support Agreement with the Government of Japan in which that government agreed to pay all utility and Japanese labor costs incrementally over the next five years (worth $1.7 billion). Because United States forward deployed forces stationed in Japan have regional missions in addition to the defense of Japan, we did not seek to have the Government of Japan offset all of the direct costs incurred by the United States related to the presence of all United States military personnel in Japan (excluding military personnel title costs).
Section Referred to in Other Sections
This section is referred to in sections 117, 183, 487, 667, 1762, 2220, 2501, 3038, 5143, 5144, 8038, 10504 of this title; title 22 section 2595a; title 50 section 1523; title 50 App. sections 2077, 2152.