§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) 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-
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title;
(3) a report from the Reserve Forces Policy Board on the reserve programs of the Department of Defense, including a review of the effectiveness of chapters 51, 337, 361, 363, 549, 573, 837, 861 and 863 of this title, as far as they apply to reserve officers; and
(4) such recommendations as he considers appropriate.
(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 annually to the Chairman written policy guidance for the preparation and review of contingency plans. Such guidance 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 five years covered by the five-year defense program submitted to Congress during that year pursuant to section 114(g) 1 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 Committees on Armed Services and Committees on Appropriations of the Senate and 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.
(Added
Amendment of Subsection (c)(3)
| 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.
References in Text
Section 114(g) of this title, referred to in subsec. (i)(2)(B), was repealed by
Amendments
1994-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).
Change of name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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 2251 of Title 50, Appendix, War and National Defense.
Order of Succession
For order of succession in event of death, disability, or resignation of Secretary, see Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set out as a note under section 3347 of Title 5, Government Organization and Employees.
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)."
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)(1) The Secretary of Defense shall develop a plan for establishing and implementing a requirement for disbursing officials of the Department of Defense to match disbursements to particular obligations before making the disbursements. The Secretary shall transmit the plan to Congress not later than March 1, 1995.
"(2) The Inspector General of the Department of Defense shall review the plan and submit the Inspector General's independent assessment of the plan to the congressional defense committees.
"(b)(1) Not later than July 1, 1995, the Secretary of Defense shall require that each disbursement by the Department of Defense in an amount in excess of $5,000,000 be matched to a particular obligation before the disbursement is made.
"(2) Not later than October 1, 1995, the Secretary of Defense shall require that each disbursement by the Department of Defense in an amount in excess of $1,000,000 be matched to a particular obligation before the disbursement is made.
"(c) The Secretary shall ensure that a disbursement in excess of the threshold amount applicable under subsection (b) is not divided into multiple disbursements of less than that amount for the purpose of avoiding the applicability of such subsection to that disbursement.
"(d) The Secretary of Defense may waive a requirement for advance matching of a disbursement of the Department of Defense with a particular obligation in the case of (1) a disbursement involving deployed forces, (2) a disbursement for an operation in a war declared by Congress or a national emergency declared by the President or Congress, or (3) a disbursement under any other circumstances for which the waiver is necessary in the national security interests of the United States, as determined by the Secretary and certified by the Secretary to the congressional defense committees.
"(e) This section shall not be construed to limit the authority of the Secretary of Defense to require that a disbursement not in excess of the amount applicable under subsection (b) be matched to a particular obligation before the disbursement is made."
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 [now Committee on Armed Services of the Senate and Committee on National Security of the 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
"(1) A current assessment of the extent to which advanced technologies can be used to exploit potential vulnerabilities of hostile threats to the national security of the United States.
"(2) Identification of each program, project, and activity being pursued under the Balanced Technology Initiative and, with respect to each such program, project, and activity, the amount made available pursuant to this section and the source of such amount.
"(3) For each program, project, and activity for which funds are made available pursuant to this section, a five-year funding plan that (A) provides for the allocation of sufficient resources to maintain adequate progress in research and development under such program, project, or activity, and (B) specifies the major programmatic and technical milestones and the schedule for achieving those milestones.
"(4) The status of each program, project, and activity being pursued under the Balanced Technology Initiative.
"(5) Identification of other on-going or potential research and development programs, projects, and activities not currently provided for under this section that should be considered for inclusion under the Balanced Technology Initiative in order to improve conventional defense capabilities.
"(6) Identification of the most critical technologies for the successful development of existing or potential Balanced Technology Initiative programs, projects, and activities and an assessment of the current status of those technologies."
Military Relocation Assistance Programs
Section 661 of
Military Child Care
Title XV of div. A of
"SEC. 1501. SHORT TITLE; DEFINITIONS
"(a)
"(b)
"(1) The term 'military child development center' means a facility on a military installation (or on property under the jurisdiction of the commander of a military installation) at which child care services are provided for members of the Armed Forces or any other facility at which such child care services are provided that is operated by the Secretary of a military department.
"(2) The term 'family home day care' means home-based child care services that are provided for members of the Armed Forces by an individual who (A) is certified by the Secretary of the military department concerned as qualified to provide those services, and (B) provides those services on a regular basis for compensation.
"(3) The term 'child care employee' means a civilian employee of the Department of Defense who is employed to work in a military child development center (regardless of whether the employee is paid from appropriated funds or nonappropriated funds).
"(4) The term 'child care fee receipts' means those nonappropriated funds that are derived from fees paid by members of the Armed Forces for child care services provided at military child development centers.
"SEC. 1502. FUNDING FOR MILITARY CHILD CARE FOR FISCAL YEAR 1990
"(a)
"(2) In addition to the amount referred to in paragraph (1), $26,000,000 shall be available for child care and child-related services of the Department other than military child development centers.
"(3) In using the funds referred to in paragraph (1), the Secretary shall give priority to-
"(A) increasing the number of child care employees who are directly involved in providing child care for members of the Armed Forces; and
"(B) expanding the availability of child care for members of the Armed Forces.
"(b)
"(2) If the Secretary of Defense determines that compliance with the limitation in paragraph (1) would result in an uneconomical and inefficient use of such fee receipts, the Secretary may (to the extent that such compliance would be uneconomical and inefficient) use such receipts-
"(A) first, for the purchase of consumable or disposable items for military child development centers; and
"(B) if the requirements of such centers for consumable or disposable items for fiscal year 1990 have been met, for other expenses of those centers.
"(c)
"(2) If at the time such report is submitted the Secretary proposes to use the authority provided by subsection (b)(2), the Secretary shall include in the report under paragraph (1) a description of the use proposed to be made of that authority and a statement of the reasons why the Secretary determined that compliance with the limitation in subsection (b)(1) would result in an uneconomical and inefficient use of child care fee receipts, together with supporting cost information and other information justifying the determination.
"(3) If the Secretary uses such authority after December 31, 1989, the Secretary shall promptly inform the committees of the use of the authority and of the reasons for its use.
"SEC. 1503. CHILD CARE EMPLOYEES
"(a)
"(2) Under those regulations, the Secretary shall require that each child care employee complete the training program not later than six months after the date on which the employee is employed as a child care employee (except that, in the case of a child care employee hired before the date on which the training program is established, the Secretary shall require that the employee complete the program not later than six months after that date).
"(3) The training program established under this subsection shall cover, at a minimum, training in the following:
"(A) Early childhood development.
"(B) Activities and disciplinary techniques appropriate to children of different ages.
"(C) Child abuse prevention and detection.
"(D) Cardiopulmonary resuscitation and other emergency medical procedures.
"(b)
"(2) The duties of such employees shall include the following:
"(A) Special teaching activities at the center.
"(B) Daily oversight and instruction of other child care employees at the center.
"(C) Daily assistance in the preparation of lesson plans.
"(D) Assistance in the center's child abuse prevention and detection program.
"(E) Advising the director of the center on the performance of other child care employees.
"(3) Each employee referred to in paragraph (1) shall be an employee in a competitive service position.
"(c)
"(2) The program shall apply to all child care employees who-
"(A) are directly involved in providing child care; and
"(B) are paid from nonappropriated funds.
"(3) Under the program, child care employees at a military installation who are described in paragraph (2) shall be paid-
"(A) in the case of entry-level employees, at rates of pay competitive with the rates of pay paid to other entry-level employees at that installation who are drawn from the same labor pool; and
"(B) in the case of other employees, at rates of pay substantially equivalent to the rates of pay paid to other employees at that installation with similar training, seniority, and experience.
"(d)
"(2) The test program under this subsection shall run concurrently with the program under subsection (c).
"(e)
"(f)
"(2) The Secretary may waive the increase otherwise required by the second sentence of paragraph (1) to the extent that the Secretary determines that such increase is not executable. If the Secretary issues such a waiver, the Secretary shall promptly submit to the Committees on Armed Services of the Senate and House of Representatives a report on the waiver. Any such report shall specify the number of such positions waived and the reasons for the waiver.
"(3) The additional positions provided for in paragraph (1), and the workyears associated with those positions, that are used outside the United States shall not be counted for purpose of applying any limitation on the total number of positions or workyears, respectively, available to the Department of Defense outside the United States (or any limitation on the availability of appropriated funds for such positions or workyears for any fiscal year).
"(g)
"SEC. 1504. PARENT FEES
"The Secretary of Defense shall prescribe regulations establishing fees to be charged parents for the attendance of children at military child development centers. Those regulations shall be uniform for the military departments and shall require that, in the case of children who attend the centers on a regular basis, the fees shall be based on family income.
"SEC. 1505. CHILD ABUSE PREVENTION AND SAFETY AT FACILITIES
"(a)
"(b)
"(2) The Secretary shall establish such national telephone number not later than 90 days after the date of the enactment of this Act [Nov. 29, 1989] and shall publicize the existence of the number.
"(c)
"(d)
"(e)
"(f)
"(2) In the case of a violation that is not life threatening, the commander of the major command under which the installation concerned operates may waive the requirement that the violation be remedied immediately for a period of up to 90 days beginning on the date of the discovery of the violation. If the violation is not remedied as of the end of that 90-day period, the military child development center shall be closed until the violation is remedied. The Secretary of the military department concerned may waive the preceding sentence and authorize the center to remain open in a case in which the violation cannot reasonably be remedied within that 90-day period or in which major facility reconstruction is required.
"(3) If a military child development center is closed under paragraph (2), the Secretary of the military department concerned shall promptly submit to the Committees on Armed Services of the Senate and House of Representatives [now Committee on Armed Services of the Senate and Committee on National Security of the House of Representatives] a report notifying those committees of the closing. The report shall include-
"(A) notice of the violation that resulted in the closing and the cost of remedying the violation; and
"(B) a statement of the reasons why the violation has not been remedied as of the time of the report.
"(g)
"(A) Improving communication between the Department of Defense and the Department of Justice in investigations of child abuse in military programs and in the coordination of the conduct of such investigations.
"(B) Eliminating overlapping responsibilities between the two departments.
"(C) Making better use of government and non-government experts in child abuse investigations and prosecutions.
"(D) Improving communication with affected families by the Department of Defense, the Department of Justice, and appropriate State and local agencies.
"(2) Not later than six months after the date of the enactment of this Act [Nov. 29, 1989], the Secretary of Defense shall submit to Congress a report on the study required by paragraph (1). The report shall include recommendations on methods for improving the matters studied.
"(3) Not later than nine months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report evaluating the findings in the report submitted under paragraph (2).
"SEC. 1506. PARENT PARTNERSHIPS WITH CHILD DEVELOPMENT CENTERS
"(a)
"(b)
"SEC. 1507. REPORT ON FIVE-YEAR DEMAND FOR CHILD CARE
"(a)
"(b)
"(1) a plan for meeting the expected child care demand identified in the report; and
"(2) an estimate of the cost of implementing that plan.
"(c)
"SEC. 1508. SUBSIDIES FOR FAMILY HOME DAY CARE
"The Secretary of Defense may use appropriated funds available for military child care purposes to provide assistance to family home day care providers so that family home day care services can be provided to members of the Armed Forces at a cost comparable to the cost of services provided by military child development centers. The Secretary shall prescribe regulations for the provision of such assistance.
"SEC. 1509. EARLY CHILDHOOD EDUCATION DEMONSTRATION PROGRAM
"(a)
"(2) Each military child development center so accredited shall be designated as an early childhood education demonstration project and shall serve as a program model for other military child development centers and family home day care providers at military installations.
"(b)
"(c)
"SEC. 1510. DEADLINE FOR REGULATIONS
"Regulations required to be prescribed by this title shall be prescribed not later than 90 days after the date of the enactment of this Act [Nov. 29, 1989]."
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 Committees on Appropriations and Armed Services of the Senate and House of Representatives [Committee on Armed Services of the House of Representatives now Committee on National Security], 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)
"(1) may not exceed 10,000 during each of fiscal years 1988, 1989, and 1990; and
"(2) may not exceed 5,000 during any fiscal year after fiscal year 1990 for which a specific number is not otherwise provided by law.
"(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
"SEC. 801. SHORT TITLE
"This title may be cited as the 'Military Family Act of 1985'.
"SEC. 802. OFFICE OF FAMILY POLICY
"(a)
"(b)
"(1) shall coordinate programs and activities of the military departments to the extent that they relate to military families; and
"(2) shall make recommendations to the Secretaries of the military departments with respect to programs and policies regarding military families.
"(c)
"(d)
"(1) a description of the activities of the Office and the composition of its staff; and
"(2) the recommendations of the Office for legislative and administrative action to enhance the well-being of military families.
"SEC. 803. TRANSFER OF MILITARY FAMILY RESOURCE CENTER
"The Military Family Resource Center of the Department of Defense is hereby transferred from the Office of the Assistant Secretary of Defense for Health Affairs to the Office of the Assistant Secretary for Force Management and Personnel.
"SEC. 804. SURVEYS OF MILITARY FAMILIES
"The Secretary of Defense may conduct surveys of members of the Armed Forces serving on active duty, members of the families of such members, and retired members of the Armed Forces to determine the effectiveness of existing Federal programs relating to military families and the need for new programs. Responses to surveys conducted under this section shall be voluntary. With respect to such surveys, family members of members of the Armed Forces and retired members of the Armed Forces shall be considered to be employees of the United States for purposes of section 3502(4)(A) of title 44, United States Code.
"SEC. 805. FAMILY MEMBERS SERVING ON ADVISORY COMMITTEES
"A committee within the Department of Defense which advises or assists the Department in the performance of any function which affects members of military families and which includes members of military families in its membership shall not be considered an advisory committee under section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.) solely because of such membership.
"SEC. 806. EMPLOYMENT OPPORTUNITIES FOR MILITARY SPOUSES
"(a)
"(1) excepting, pursuant to section 3302 of title 5, United States Code, from the competitive service positions in the Department of Defense located outside of the United States to provide employment opportunities for qualified spouses of members of the Armed Forces in the same geographical area as the permanent duty station of the members; and
"(2) providing preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of the Armed Forces stationed in the same geographical area as the nonappropriated fund activity for positions in wage grade UA–8 and below and equivalent positions and for positions paid at hourly rates.
"(b)
"(1) to implement such measures as the President orders under subsection (a);
"(2) to provide preference to qualified spouses of members of the Armed Forces in hiring for any civilian position in the Department of Defense if the spouse is among persons determined to be best qualified for the position and if the position is located in the same geographical area as the permanent duty station of the member;
"(3) to ensure that notice of any vacant position in the Department of Defense is provided in a manner reasonably designed to reach spouses of members of the Armed Forces whose permanent duty stations are in the same geographic area as the area in which the position is located; and
"(4) to ensure that the spouse of a member of the Armed Forces who applies for a vacant position in the Department of Defense shall, to the extent practicable, be considered for any such position located in the same geographic area as the permanent duty station of the member.
"(c)
[Amended
"SEC. 807. YOUTH SPONSORSHIP PROGRAM
"The Secretary of Defense shall direct that there be established at each military installation a youth sponsorship program to facilitate the integration of dependent children of members of the Armed Forces into new surroundings when moving to that military installation as a result of a parent's permanent change of station. Such a program shall, to the extent feasible, provide for involvement of dependent children of members presently stationed at the military installation.
"SEC. 808. DEPENDENT STUDENT TRAVEL WITHIN THE UNITED STATES
"Funds available to the Department of Defense for the travel and transportation of dependent students of members of the Armed Forces stationed overseas may be obligated for transportation allowances for travel within or between the contiguous States.
"SEC. 809. RELOCATION AND HOUSING
"(a)
"(b)
"(c)
" '(h) A member of the uniformed service on a permanent change of duty station or temporary duty orders and occupying unaccompanied personnel housing-
" '(1) is exempt from the requirement of subsection (c) to pay a rental rate or charge based on the reasonable value of the quarters and facilities provided; and
" '(2) shall pay such lesser rate or charge as the Secretary of Defense establishes by regulation.'.
"SEC. 810. FOOD PROGRAMS
"(a)
" '(c) Spouses and dependent children of enlisted members in pay grades E–1, E–2, E–3, and E–4 may not be charged for meals sold at messes in excess of a level sufficient to cover food costs.'.
"(b)
"(2) The report shall include-
"(A) an estimate of the cost of providing the coupons; and
"(B) legislative and administrative recommendations for providing for the issuance of the coupons.
"(3) The report shall be submitted not later than December 31, 1985.
"SEC. 811. REPORTING OF CHILD ABUSE
"(a)
"(b)
"SEC. 812. MISCELLANEOUS REPORTING REQUIREMENTS
"(a)
"(2) The report shall-
"(A) examine the availability of affordable housing for each pay grade and for all geographic areas within the United States and for appropriate overseas locations; and
"(B) examine the relocation assistance provided by the Department of Defense incident to a permanent change of station by a member of the Armed Forces in locating housing at the member's new duty station and in disposing of housing at the member's old duty station.
"(3) The report shall be submitted within one year after the date of the enactment of this Act [Nov. 8, 1985].
"(b)
"SEC. 813. EFFECTIVE DATE
"This title shall take effect on October 1, 1985."
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. 12568. Employment Opportunities for Military Spouses at Nonappropriated Fund Activities
Ex. Ord. No. 12568, Oct. 2, 1986, 51 F.R. 35497, provided:
By the authority vested in me as President by the laws of the United States of America, including section 301 of Title 3 of the United States Code, it is ordered that the Secretary of Defense and, as designated by him for this purpose, any of the Secretaries, Under Secretaries, and Assistant Secretaries of the Military Departments, are hereby empowered to exercise the discretionary authority granted to the President by subsection 806(a)(2) of the Department of Defense Authorization Act of 1986,
Ronald Reagan.
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).
Cross References
Annual rate of compensation of Secretary, see section 5312 of Title 5, Government Organization and Employees.
National Security Agency employment, delegation of authority for terminating, notwithstanding subsec. (d) of this section, see section 833 of Title 50, War and National Defense.
Reports to Congressional committees, policies and procedures on recall to active duty of Ready Reserve members, see section 12302 of this title.
Section Referred to in Other Sections
This section is referred to in sections 667, 1762, 2220, 2501, 2506, 10504 of this title; title 22 section 2595a; title 50 sections 833, 1523; title 50 App. sections 2077, 2152.