TITLE 10—ARMED FORCES
This title was enacted by act Aug. 10, 1956, ch. 1041, §1, 70A Stat. 1
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §809(a), Aug. 13, 2018, 132 Stat. 1840, substituted "7001" for "3001" in item for subtitle B and "8001" for "5001" in item for subtitle C.
Pub. L. 115–232, div. A, title VIII, §809(a), Aug. 13, 2018, 132 Stat. 1840, substituted "9011" for "8001" in item for subtitle D to reflect the probable intent of Congress to include the number, as redesignated by section 806(c) of Pub. L. 115–232, of the first section of subtitle D.
1994—Pub. L. 103–337, div. A, title XVI, §1671(a), Oct. 5, 1994, 108 Stat. 3013, added item for subtitle E.
Title 10 Former Sections | Title 10 New Sections |
---|---|
1 | Rep. |
1a(a) | 3001 |
1a(b) | 101 |
1a(c), (d) | Rep. |
1b | 3062 |
1c | 3075 |
1d, 1e | 3074 |
1f | Rep. |
1g(a) | 3063 |
1g(b) | 3064 |
1g(c)–(f) | 3065 |
2–10 | Rep. |
11 | 3536 |
12–14 | Rep. |
15 | T. 18 §1385 |
15a | 4711, 9711 |
16 | 3061, 8061 |
16a | 3492, 8492 |
17, 17a | Rep. |
18 | T. 37 §31a (See Rev. T. 37 Table) |
19 | 1031 |
19a | 4833 |
20 | 3062, 8062 |
20a | 4503, 4531, 9503, 9531 |
20b | 122 |
20c | Rep. |
20i | 3062 |
20j(a) | 3201 |
20j(b) | 3205, 3213 |
20j(c) | 3225 |
20j(d) | 3222, 3223 |
20r | 8062 |
20s(a) | 8201 |
20s(b) | 8205, 8213 |
20s(c) | 8225 |
20s(d) | 8222, 8223 |
20t | 8062 |
21 | Rep. |
21a | 3031 |
21b | 3034 |
21c | 3035 |
21d | 3034 |
21e | 3032 |
21f | 3036 |
21g | 3039 |
21h | 3037, 3040 |
22, 22a | Rep. |
23, 23a | Rep. |
24–32a | Rep. |
33, 33a | Rep. |
34–37 | Rep. |
38 | 3033, 3034, 8033, 8034 |
41, 42 | Rep. |
51 | Rep. |
52 | 4024 |
53 | Rep. |
61 | Rep. |
61–1 | 3072, 3209, 3210 |
61a | 3037 |
62 | 3037, 8072 |
62a | 3037 |
63, 64 | Rep. |
65 | 3292 |
66–70c | Rep. |
71, 72 | Rep. |
72a | (See former 1195a) |
73 | (See former 1377) |
74 | Elim. |
75 | (See former 1259d) |
76 | (See former 1259e) |
77 | Elim. |
81, 81a | Rep. |
81–1 | 3067–3070 |
81–2 | 3311, 3685, 3818, 8067, 8685, 8818 |
82 | 3579, 8579 |
83 | Rep. |
91 | Rep. |
91a (less (c)–(f)) | 3294, 8294 |
91a(c) | 3294 nt. |
91a(d) | 3444, 8444 |
91a(e) | 3452, 8452 |
91a(f) | 5652a |
91b | Rep. |
92, 92a | Rep. |
93 | 3289, 8289 |
94 | Rep. |
95 | (See former 82) |
96 | 3546, 8546 |
97–100 | Rep. |
101–103 | 3302, 8302 |
104 | Rep. |
105, 106 | 3539 |
107, 108 | 4022, 9022 |
121 | Rep. |
121a (less (c)–(f)) | 3294, 8294 |
121a(c) | 3294 nt. |
121a(d) | 3444, 8444 |
121a(e) | 3452, 8452 |
121a(f) | 5652a |
121b | Rep. |
122–124 | Rep. |
125 | 3302 |
126–131 | Rep. |
141 | Rep. |
142 | Rep. in part. Elim. in part. |
143 | Rep. |
143a | 3302, 8302 |
144, 145 | Rep. |
145a, 145a–1 | Rep. |
146 | Rep. |
151 | Rep. |
152 | Rep. in part. Elim. in part. |
153–156 | Rep. |
156a | 3068, 3209 |
156b | 3068 |
156c | 3504, 3962, 3991 |
156d | 3068 |
156e | 3287, 3290 |
156f–156i | Rep. |
161–165 | Rep. |
166(a) | 3069, 3206, 8206 |
166(b) | 3069 |
166(c) | 3291, 8291 |
166(d) | Rep. See 3291(c) |
166a(a) | 3070, 3207, 8207 |
166a(b) | 3070 |
166a(c) | 3291, 8291 |
166a(d) | Rep. See 3291(c) |
166b to 166b–2 | Rep. |
166b–3 | 8067, 8209, 8296, 8579, 8683, 8963 |
166c to 166d–1 | Rep. |
166e(a) | 3574, 3579, 8574, 8579 |
166e(b), (c) | Rep. |
166f | 3206, 3207, 3212, 3304, 8206, 8207, 8212, 8304 |
166g(a), (b) | 3504, 3881, 3882, 3887, 3912, 3928, 3962, 3991, 8881, 8882, 8887, 8912, 8928, 8891 |
166g(c) | Rep. |
166h | Rep. |
166i | 3683, 8683 |
166j | 3818, 8818 |
166k | 3205 |
166l | Rep. |
171–177 | Rep. |
181 | 3036, 3040, 3074, 3209, 3216 |
181a | 3040, 3209, 3493; T. 33 §583a |
181b | 3038 |
181c | 3535 |
181d | 3535 nt. |
182–186 | Rep. |
187 | Elim. |
188 | Rep. |
189 (1st sent.) | Elim. |
189 (less 1st sent.) | 3534 |
190 | 3534 |
190a | T. 33 §§575, 701b–9 |
190b | T. 33 §§576, 701b–10 |
191–196 | Rep. |
197, 197a | Elim. |
198 | T. 50 §64a |
199 | (See former 190a) |
211, 212 | Rep. |
213 | Elim. |
214, 215 | Rep. |
221, 222 | Rep. |
223 | Elim. |
231 | Rep. |
231a | 3073 |
232 | 3293, 8293 |
233 | Rep. in part. Elim. in part. |
234 | Rep. |
235 | 3581, 8581 |
236, 237 | Rep. |
238, 239 | 3547, 8547 |
240 | Rep. |
251–253 | Rep. |
261, 262 | Rep. |
271–277 | Rep. |
281–283 | Rep. |
291–291b | Rep. |
291c, 291c–1 | 3691, 8691 |
291d | 3692, 8692 |
291e | 3691, 8691 |
291f, 291f–1 | Rep. |
291f–2 | 8257 |
291g | Rep. |
292 | Rep. |
292–1, 292a | Rep. |
292a–1, 292a–3 | Rep. |
292b to 292b–3 | Rep. |
292c | 8537 |
292c–1 | 9305 |
292d, 293 | Rep. |
294 | 8577 |
295 | Rep. |
296, 296a | 9303 |
297 | Rep. |
297a | 8257 |
298, 298a | Rep. |
298a–1 | 9304 |
298b | 4656, 9656 |
298c | 4628, 9628 |
299 | 8257, 8356, 8817 |
299a–299d | Rep. |
299e | 8356 |
300 | Rep. |
300a–300c | Elim. |
301, 302 | Rep. |
303 | Rep. |
304 | Rep. See T. 37 §402(a)–(c) |
304a | Rep. |
304b | Rep. See T. 37 §402(a)–(c) |
305, 306 | Rep. |
307 | Elim. |
308, 308a | Rep. |
309 | Elim. |
310(a), (b) | 2271 |
310(c) | 2272 |
310(d) | 2273 |
310(e) | 2271, 2272 |
310(f), (g) | 2272 |
310(h) | 2271 |
310(i) | 2273 |
310(j) | 2272, 2279 |
310(k) | 2274 |
310(l), (m) | 2276 |
310(n) | 2272 |
310(o) | 2277 |
310(p) | 2276 |
310(q) | Rep. |
310(r) | Elim. |
310(s) | 2271 |
310(t) | 2275 |
311 | 2382 |
312 | 2278 |
313 | Rep. |
316, 316–1 | 3071 |
316a | 3209, 3215 |
316b | 3071, 3504, 3962, 3991 |
316c(a) | 3311 |
316c(b) | Rep. |
316c(c) | 3211 |
316d | 3580 |
316e | 3685 |
321 | Rep. See 3063 nt. |
321a | Elim. |
322–332 | Rep. |
333 | Elim. |
334, 335 | Rep. |
336 | Elim. |
337–343 | Rep. |
351–353 | Rep. |
354 | 3355, 8355 |
355, 355a | Rep. |
356–359a | Rep. |
360, 361 | Rep. |
361a | Rep. |
361b | Rep. |
362, 362a | Rep. |
363–365 | Rep. |
366 | Rep. |
367 | Elim. |
367a, 368 | Rep. |
369, 369a | Rep. |
369b | 684 |
370 | Rep. |
371 | Rep. See T. 5 §§3551, 6323(a), (b) |
371a | Rep. See T. 5 §6323(a), (b) |
371b | Rep. See T. 5 §§502, 5534 |
371c | Elim. |
372–375 | Rep. |
376 | 3357 |
377, 378 | Rep. |
381, 382 | 4382, 9382 |
383, 384 | 4383, 9383 |
385 | 4384, 9384 |
385a | 4387, 9387 |
385b | 4387 |
386 | 3540, 8540 |
386a | 4387, 9387 |
387, 387a | 4387, 9387 |
388 | Rep. |
389 | 4386, 9386. Rep. in part. |
390 | 4386, 9386 |
391 | Elim. |
421–424 | Rep. |
425 | (See former 628–1) |
426, 427 | Rep. |
441 | 4385, 9385 |
442 | 4411–4414, 9411–9414 |
443 | 4385, 9385 |
444 | (See former 387a) |
445 | Rep. |
451–455 | Rep. |
455a–455c | 3722, 8722 |
455d | Rep. |
455e | 3723, 8723; T. 32 §320 |
455f | Rep. |
456 | 3687, 3688, 3721, 8687, 8688, 8721 |
456–1 | 3687 nt. |
456–2 | Rep. |
456a, 457 | Rep. |
481 | 3205 |
481a | Rep. |
481b | Rep. |
482–482c | Rep. |
483, 484 | Rep. |
484a | 3814, 8814 |
485, 486 | Rep. |
486a | 4353, 9353. Rep. in part. See 4353 nt. |
487, 487a | Rep. |
488, 489 | Rep. |
490, 491 | 3302, 8302 |
491a–491c | 1521 |
491c–1 | 1521 nt. |
491d | 1523 |
492–494 | Rep. |
495 | 3544, 8544 |
496 | Rep. |
497 | 3545, 8545 |
498 | 3543, 8543 |
498a | Rep. |
499 | 3446, 8446 |
499a, 499b | Rep. |
500 | 3681, 8681 |
501 | Elim. |
502–504 | Rep. |
505–505e | Rep. |
506(a) | 3281, 3284, 8281, 8284 |
506(b) | 3282, 3283 |
506(c) | 3283, 3533 |
506(d) | 3209, 8209 |
506(e), (f) | Rep. |
506a(a) | 3210, 8210 |
506a(b), (c) | 3573, 8573 |
506b(a) | Rep. |
506b(b) | 3066, 3531, 8066, 8531 |
506b(c) | 711. Rep. in part. See T. 37 §414 |
506b(d) | 3962, 3991, 8962, 8991. Rep. in part. See 3962 nt. |
506c(a) | 3284, 8284 |
506c(b) | 3285, 8285 |
506c(c) | 3287, 8287 |
506c(d) | 3288, 3295, 8288, 8295 |
506c(e) | 3286, 8286 |
506c(f) | 3212, 3287, 3574, 4353, 8212, 8287, 8574, 9353 |
506c(g) | Rep. |
506c–1 | Rep. |
506c–2(a) | Rep. See 3284 |
506c–2(b) | 3285 |
506c–3 | 3286 |
506c–4(a) | 3287. Rep. in part. See 3287 nt. |
506c–4(b) | 3287 |
506c–4(c) | 3212, 3287, 3574, 4353 |
506c–5 | 3288, 3295 |
506c–6 | 3888, 3927 |
506c–7 | 3285–3288, 3295, 3314. Rep. in part. See 3287 nt. |
506c–8 | Rep. |
506c–9 | 3314 |
506c–10 | Rep. See 3287 nt. |
506d(a), (b) | 3442, 8442 |
506d(c) | 3442, 3572, 8442, 8572 |
506d(d) | 3443, 8443 |
506d(e) | 3444, 8444 |
506d(f) | 3447, 8447 |
506d(g) | Rep. |
506d(h) | 3491, 8491 |
506d(i) | 3441, 8441 |
506d–1 to 506d–3 | 3202 |
506d–4 | 686 |
507 | 3578, 8578 |
507a | 3576, 5954, 8576 |
511 | 3571, 8571 |
512, 512a | Rep. |
513 | 3395, 3445, 3447, 8395, 8445, 8447 |
514 | Rep. |
515 | 744 |
516 | Rep. |
517 | 741 |
521–528 | Rep. |
531–534 | Rep. |
535, 535a | 4301 |
536–539 | Rep. |
540 | 712 |
541 | Elim. |
551, 551a | Rep. |
552–552c | Rep. |
553–553b | Rep. |
554, 555 | Rep. |
555a | 3302, 3309, 8302, 8309 |
556 | 3309, 8309 |
556a | 3302, 3309, 8302, 8309 |
557 | Rep. |
558 | 3312, 3394, 3451, 8312, 8394, 8451 |
559(a) | 3296, 8296 |
559(b) | 3211, 3212, 8211, 8212 |
559(c) | 3296, 8296 |
559(d) | 3296, 3574, 8296, 8574 |
559(e) | Rep. |
559a(a) | 3297, 3308, 8297, 8308 |
559a(b) | 3313, 8313 |
559a(c) | 3297, 8297 |
559a(d) | Rep. |
559b | 3212, 3298, 8212, 8298 |
559c(a)–(d) | 3299, 8299 |
559c(e) | 3300, 8300 |
559c(f) | 3299, 8299 |
559c(g) | 3303, 8303 |
559c(h) | 3303, 3913, 8303, 8913 |
559c(i) | 3913, 8913 |
559c(j) | 3299, 8299 |
559c(k) | 3212, 3299, 8212, 8299 |
559c(l) | 8301 |
559c(m) | Rep. |
559c–1 | 3299 |
559d | 3305, 8305 |
559e | 3306, 8306 |
559f | 3307, 8307 |
559g | 3036, 3212 |
559h, 559i | Rep. |
559j | 3296 |
559k | 3818 |
559l–559o | Rep. |
571–575 | Rep. |
576 | 3544, 8544 |
576a | Rep. |
577 | 3544, 8544 |
578, 579 | Rep. |
580 | 3784, 8784 |
581 | 3781, 8781 |
582 | 3782, 8782 |
583 | 3782–3784, 3786, 8782–8784, 8786 |
584 | 3785, 8785 |
585 | 3786, 8786 |
586 | Elim. |
587 | Rep. |
591 | 3310, 8310 |
591–1 | 3311, 3818 |
591a | 3448, 8448 |
592 | Rep. |
593 | 3548, 3575, 8548, 8575 |
593a | Rep. |
594 | 3964, 3992, 8964, 8992 |
595 | Elim. |
596, 597 | Rep. |
598 | (See former 631a) |
599 | Rep. |
600(a), (b) | 101 |
600(c) | 564 |
600(d) | 564, 1166, 1167, 1255, 1263, 1293, 1305. Rep. in part. See 1164 nt. |
600a | 555, 597, 745, 3445, 3448, 8445, 8448 |
600b | Rep. |
600c | 555, 556, 597, 3448, 8448 |
600d | 515, 1165 |
600e | 557, 598, 3449, 8449 |
600f | 558 |
600g | 559, 561 |
600h | 560, 562 |
600i | 562, 563 |
600j | 557 |
600k | 564 |
600l(a) | 1293 |
600l(b) | 1255, 1263, 1305. Rep. in part. See 1164 nt. |
600l(c) | 1164 |
600l(d) | 1371, 1401 |
600l(e) | 564, 1164, 1166, 1255, 1263, 1305 |
600l(f) | 1371, 1401 |
600l(g) | Elim. |
600m | 515, 1166 |
600n | 1167 |
600o | Rep. |
600p | 565, 599, 3450, 8450 |
600q | Rep. |
600r | 564, 1164, 1255, 1263, 1305 |
602 | Rep. |
603–604a | Rep. |
605–607 | Rep. |
608 | 3639, 8639 |
609 | 3635, 8635 |
610 | 3690, 8690 |
611 | Rep. |
612 | 1522 |
621 | 3256, 8256 |
621a | Rep. |
621b | 3256, 3818 |
621c, 621d | Elim. |
622–625 | 3253, 8253 |
626, 626a | Rep. |
627 | 3256, 8256 |
628 | 3256, 3815, 3816, 8256, 8815, 8816 |
628–1 | 3256, 8256 |
628a | 3262, 8262 |
628b | 3263, 8263 |
629 | 3638, 8638 |
629a | 972 |
630, 631 | Rep. |
631a | 3258, 3684, 8258, 8684 |
632, 633 | Rep. |
634 | 3254, 3812, 8254, 8812 |
635 | 3255, 8255 |
636 | 3256, 8256 |
636a | Rep. |
637 | Elim. |
641–642a | Rep. |
643, 644 | Rep. |
645 | Elim. |
651 | Rep. |
652 | 3813, 8813 |
652a | 3811, 8811 |
653, 653a | Rep. |
654, 654a | Rep. |
654b, 655 | Elim. |
656 | Rep. |
657 | Elim. |
658 | Rep. |
661 | Elim. |
662 | Rep. |
663 | 4023, 9023 |
664, 665 | Rep. |
671 | Elim. |
671a | Rep. |
672, 673 | Elim. |
681, 682 | Elim. |
683, 683a | Rep. |
684 | T. 37 §4c (See Rev. T. 37 Table) |
685 | Elim. |
686 | Rep. |
691, 692 | Rep. |
693 | Elim. |
694 | T. 37 §235a (See Rev. T. 37 Table) |
695–699 | Rep. |
711–716 | Elim. |
716a | Rep. |
716b | 4561, 9561 |
717–722 | Rep. |
723 | 4593, 9593 |
724–726 | 4561, 9561 |
727 | Elim. |
728 | 4775, 9775 |
729 | Rep. |
741 | Elim. |
742–748a | Rep. |
749 | 4743, 9743 |
757 | Elim. |
758–760 | Rep. |
771, 772 | Rep. |
781 | Elim. |
782–786 | Rep. |
787 | Elim. |
801–811 | Rep. |
821–823 | Rep. |
824 | T. 5 §73c (See Rev. T. 5 Table) |
825 | 4748, 9748 |
831 | 4562, 9562 |
832 | Elim. |
833 | Rep. |
834 | 4563, 9563 |
835 | Rep. |
841, 842 | Rep. |
843 | 4306, 9306 |
844, 845 | Rep. |
846 | Rep. |
847 | Rep. |
847a | 3632, 8632 |
847b | Rep. |
847c, 847d | 3632, 8632 |
848 | Rep. |
849 | 3633, 8633 |
850–852 | Rep. |
861, 861a | Rep. |
862 | T. 37 §310b (See Rev. T. 37 Table) |
862a | T. 31 §493b |
862b | Rep. |
863–866j | Rep. |
867 | Rep. |
868 | 2771 |
869 | T. 31 §492d |
870 | Rep. |
871, 872 | 4837, 9837 |
873, 874 | Rep. |
875–875c | 4837, 9837 |
876 | 3636, 8636 |
877 | 2772 |
878 | 4840, 9840 |
891–894 | 3689, 8689 |
895 | Elim. |
902, 902a | Rep. |
903, 903a | 3688, 8688 |
904 | 4621, 9621 |
904a–904d | Rep. |
905 | 3634, 8634 |
906–906a | Rep. |
907, 908 | Rep. |
908a–908c | 1035 |
909 | Elim. |
910 | Rep. |
911 | Elim. |
912–914 | Rep. |
914a | Elim. |
915–916d | Rep. |
917 | Rep. |
918 | Elim. |
919 | Rep. |
920 | 1584 nt. |
921 | 3532 |
931–938 | Rep. |
938a | (See former 984) |
939–940a | Rep. |
941 | Rep. |
941a(a) | 3883, 3885, 3886, 3961, 3991, 8883, 8885, 8886, 8961, 8991 |
941a(b) | 3888, 3927, 8888, 8927 |
941a(c) | 3919, 8919 |
941a(d) | 3211, 3913, 3915, 3916, 3921–3923, 8211, 8913, 8916, 8921–8923 |
941a(e) | 3303, 3888, 3913, 3927, 3961, 3991, 8303, 8888, 8913, 8927, 8961, 8991 |
941a(f) | 3313, 8313 |
942 | 3924, 8924 |
943 | 3918, 8918 |
943a | 3911, 8911 |
944–946 | Rep. |
947 | 3917, 3925, 8917, 8925 |
947a | 3917, 3961, 8917, 8961 |
948 | 3914, 3991, 8914, 8991 |
948a | 3914, 8914 |
951 | 3887, 3926, 3928, 8887, 8926, 8928 |
951a | 3926, 8926 |
951b | 3887, 3926, 3928, 8887, 8926, 8928 |
952 | Elim. |
953 | Rep. |
953a | 3926, 8926 |
954, 955 | Rep. |
956 | 3914 nt. |
957 | Rep. |
958 | 3925, 8925 |
961–966 | Rep. |
970 | Rep. |
971 | 3991, 8991 |
971a | Rep. |
971b | 3911, 3991, 8911, 8991. Elim. in part. |
971c | 3963 nt. |
972–973a | Rep. |
974–979 | Rep. |
980 | 3991, 8991 |
981–982a | Rep. |
983–985h | Rep. |
986 | Rep. |
990–996 | Rep. |
997 | 3504 |
998 | T. 32 §314 |
999 | 3503, 8503 |
1001 | 3966, 8966 |
1002, 1003 | 3963, 3991, 8963, 8991 |
1004 | 3964, 3992, 8964, 8992 |
1005 | Elim. |
1006 | 3965, 8965 |
1007 | Rep. |
1011–1013 | Rep. |
1014 | 1375 |
1015 | Rep. |
1021, 1022 | Rep. |
1023 | 772, 3681, 8681 |
1024 | 3582, 8582 |
1025 | 3961, 8961 |
1026 | 3961, 3962, 3991 |
1026a | Rep. |
1026b | T. 33 §642a |
1026b–1, 1026c | Rep. |
1027–1028a | Rep. |
1028b | 772 |
1028c | Elim. |
1028d | Rep. |
1028e | Elim. |
1029–1035 | Rep. |
1036 | 3966, 8966 |
1036a | 676, 1331, 1332. Rep. in part. See 1331 |
1036b | 1333, 1401 |
1036c | 1001, 1334 |
1036d | 1331, 1336 |
1036e | 101, 1332, 1333 |
1036f | Rep. |
1036g | 1334, 1335 |
1036h | 1337 |
1036i | Rep. |
1041 | 4334 |
1042 | 4334, 9334 |
1043, 1044 | 4349, 9349 |
1051–1052a | Rep. |
1053–1054a | Rep. |
1055–1060 | 4355, 9355 |
1061 | 4331, 9331 |
1061a | 4332, 9332 |
1062, 1063 | 4333, 9333 |
1064 | 4333 |
1065 | 4334 |
1066 | Rep. |
1067 | 4340 |
1068–1070 | Rep. |
1071 | 4331 |
1072 | Rep. |
1073 | 4331 |
1074–1076 | Rep. |
1077, 1077a | 4331 |
1078 | Rep. |
1078a | 4331 |
1079 | 4334, 9334 |
1079a(a) | 4336, 9336 |
1079a(b) | 3962, 3991, 8962, 8991 |
1079a(c) | 3886, 3920, 8886, 8920 |
1080–1082 | Rep. |
1083 | 4337, 9337 |
1084, 1085 | Rep. |
1086 | 4338 |
1087 | 4331, 4332, 9331, 9332 |
1088 | 4331 |
1089 | 4331, 4335, 9331, 9335 |
1091 | Rep. |
1091–1 | 4347, 9347 |
1091a–1091e | Rep. |
1092 | Rep. |
1092a | 4342, 9342 |
1092b | 4342, 4346, 4351, 9342, 9346, 9351 |
1092c | 4348, 9348 |
1092c–1 | 541 |
1092d | 4343, 9343 |
1093 | 4345, 9345 |
1093a, 1093b | Rep. |
1093c | 4344, 9344 |
1093d | T. 20 §221a |
1094 | Rep. |
1095, 1096 | 4346, 9346 |
1097 | Rep. |
1098 | 4342, 9342 |
1099 | 4346 |
1100, 1101 | Rep. |
1102 | 4349, 9349 |
1103, 1104 | 4351, 9351 |
1105 | 4349, 9349 |
1106 | 4350, 9350 |
1111, 1112 | Rep. |
1121, 1121a | Elim. |
1122–1124 | Rep. |
1125 | 4354 |
1126 | 4354, 9354 |
1127 | Rep. |
1131–1136 | Rep. |
1137 | 4337, 9337 |
1138, 1139 | 4339 |
1140–1143 | Rep. |
1144 | 4341, 9341 |
1145 | Elim. |
1146–1149 | Rep. |
1149a | 4350, 9350 |
1150 | T. 37 §308a (See Rev. T. 37 Table) |
1151 | Rep. |
1161 | Rep. |
1161a | 4333 nt. |
1162 | T. 44 §87 (See Rev. T. 44 Table) |
1163 | 4352, 9352 |
1171 | Rep. |
1172 | 4302, 9302 |
1173, 1174 | Rep. |
1175 | Elim. |
1176 | 4302, 9302 |
1177–1178a | Rep. |
1179 | 4627, 4629, 9627, 9629 |
1180 | 4651, 9651 |
1180a, 1180b | Rep. |
1181 | 3540, 8540 |
1182 | 4654, 9654 |
1182a | Rep. |
1183 | 4653, 9653 |
1184 | Rep. |
1185 | 4652, 9652 |
1186–1186b | Rep. |
1191, 1192 | Rep. |
1192a | 4506, 9506 |
1193–1195 | Rep. |
1195a | 4533, 4561 |
1196 | 4621, 9621 |
1197 | 4535, 9535 |
1198 | 4534, 9534 |
1199, 1199a | Rep. |
1200–1203 | Rep. |
1204 | Elim. |
1205, 1206 | Rep. |
1206a | 4539 |
1207 | 2384 |
1208 | Rep. |
1209, 1210 | 4538 |
1210a | Rep. |
1211 | Elim. |
1212 | Rep. |
1213, 1214 | 2421 |
1221–1225 | Rep. |
1231 | Rep. |
1232 | 4622, 9622 |
1233–1235 | 4621, 9621 |
1236 | 4624, 9624 |
1237, 1238 | 4621, 9621 |
1239 | 4623, 9623 |
1240 | Rep. |
1241 | 4621, 9621 |
1251, 1252 | Rep. |
1253 | 4621, 9621 |
1254 | 4624, 9624 |
1255, 1256 | 2542 |
1257 | Rep. |
1257a | T. 5 §150p (See Rev. T. 5 Table) |
1257b | 2573 |
1258 | Rep. |
1259 | 4682, 9682 |
1259a–1259c | Rep. |
1259d, 1259e | 4564, 9564 |
1261 | Rep. |
1262 | 4681, 9681 |
1262a | Rep. |
1262b | 2574 |
1263–1267 | Rep. |
1268 | Elim. |
1269–1269b | 2481 |
1270 | 2667 |
1270a–1270c | Rep. |
1270d | 2667 |
1271, 1271a | Rep. |
1272–1274 | Rep. |
1281–1286 | Rep. |
1287 | 4591, 9591 |
1288 | Rep. |
1289 | Rep. |
1301 | 4832, 9832 |
1302 | 4838, 9838 |
1303 | 4839, 9839. See T. 18 §702 |
1304 | 4835 |
1305 | 9835 |
1311 | Rep. |
1312 | 4834. Rep. in part. |
1313 | 4834 |
1314 | Rep. |
1315 | 3631, 8631 |
1316, 1317 | 4836, 9836 |
1318 | Rep. |
1319 | 4592, 9592 |
1320 | Rep. |
1331 | Rep. |
1332 | 4779, 9779 |
1333 | Rep. |
1334 | 4536, 9536 |
1335 | 4779, 9779 |
1336, 1336a | Rep. |
1337 | Rep. |
1337a | 4774, 9774 |
1337b | 4774 |
1337c | Elim. |
1337d | Rep. |
1337e | Elim. |
1338 | Rep. |
1339 | 4774, 9774 |
1340 | Rep. |
1341 | 4772, 9772 |
1342 | 4771, 9771 |
1343 | Rep. |
1343a–1343c | 9773 |
1343d | 9774 |
1344 | 4771, 9771 |
1345 | 4779, 9779 |
1346 | 4778, 9778 |
1347 | T. 36 §12 |
1348 | 4777, 9777 |
1349 | Rep. |
1350 | Elim. |
1351 | 2669 |
1352–1354 | Rep. |
1361 | 4742, 9742 |
1362 | T. 49 §6 |
1363 | 4741, 9741 |
1364 | Rep. |
1365 | 2631 |
1366 | Rep. |
1367 | 4745 |
1368 | 4747 |
1369, 1370 | 4744 |
1371 | 4744, 4747 |
1371a | 4746, 9746 |
1372–1375b | Rep. |
1376 | Rep. |
1377 | 4749 |
1391 | 3611, 8611 |
1392 | Rep. |
1393 | 771–774, 3612, 6297, 8612 |
1394 | Rep. |
1395 | 4621, 4629, 9621, 9629 |
1401, 1402 | Rep. |
1403 | 3741, 8741 |
1404, 1405 | Rep. |
1406 | 3742, 8742 |
1407 | 3743, 8743 |
1408, 1408a | Rep. |
1408b | 1121, 1122 |
1409 | 3744, 3752, 8744, 8752 |
1410 | 3745, 8745 |
1411 | 3744, 8744 |
1412 | 3746, 8746 |
1413, 1413a | Elim. |
1414, 1414a | Elim. |
1415 | Elim. |
1415a | 3751, 3752, 8751, 8752. Rep. in part. See 3751 nt. |
1415b, 1415c | 3751, 8751. Rep. in part. See 3751 nt. |
1416 | 3747, 8747 |
1417–1421 | Rep. |
1422, 1423 | Elim. |
1423a, 1423b | Rep. |
1423c | Elim. |
1424 | 3748, 8748 |
1425 | Rep. See T. 18 §704 |
1426 | Elim. |
1427 | 1123 |
1428 | 3750, 8750 |
1429 | 3749, 3752, 8749, 8752 |
1430–1430b | Rep. |
1430c–1430h | Elim. |
1431 | 807 nt. |
1432 | 3637, 8637 |
1433 | Rep. |
1434–1443 | Elim. |
1451 | 3661 |
1452 | Rep. |
1453–1455 | 3661 |
1456 | 3662, 8662 |
1457–1457b | 3663, 8663 |
1458, 1459 | 3661 |
1460 | 858 nt. |
1461 | Elim. |
1471–1578 | Rep. |
1579 | (See former 629) |
1580 | (See former 652a) |
1581–1583 | Rep. |
1584–1584c | T. 5 §150j to 150j–3 (See Rev. T. 5 Table) |
1585 | (See former 15a) |
1586–1590 | Rep. |
1591 | (See former 507) |
1592 | (See former 507a) |
1593, 1593a | Rep. |
1594–1594b | Rep. |
1595–1597a | Rep. |
1598–1605 | Rep. |
1701–1710 | Rep. |
1711 | Elim. |
1712–1719 | Rep. |
1801 (less (b)) | Rep. |
1801(b) | 101 |
1802–1804 | Rep. |
1805 | 9833 |
1806 | Rep. |
1811 | 8031 |
1812 | 8034 |
1813 | 8035 |
1814 | 8034 |
1815 | 8032 |
1831 | 8062 |
1832 | 8075 |
1833 | 8076 |
1834 | Rep. |
1835 | 101, 8078; T. 32 §101 |
1836 | Rep. |
1837 | 8067, 8211, 8296, 8574 |
1838, 1839 | 8074 |
1840 | 8072. Elim. in part. |
1843–1849 | 8202 |
1850 | 686 |
1850a | 8285, 8287. Rep. in part. See 8284 |
1850b | 8286 |
1850c(a) | 8287, 8888, 8927 |
1850c(b) | 8287 |
1850c(c) | 8287, 8888, 8927 |
1850c(d) | 8287 |
1850c(e) | 8212, 8287, 8574, 9353. Rep. in part. See 8212 nt. |
1850d | 8288, 8295 |
1850e | Rep. |
1850f | 8314 |
1850g (less (c)) | Rep. |
1850g(c) | Rep. See 8299 nt. |
1850h | Rep. See 8287 nt. |
1850i | Rep. See 8287 nt., 8299 nt. |
1850j | 8285–8288, 8295, 8314 |
1850k | 8285 |
1851 | 9331 |
1852(a) | Rep. |
1852(b) | Elim. |
1853 | 9331 nt. |
1854 | 9331 |
1855 | Elim. |
1856 | 541 |
1857 | 9331 nt. |
1861 | 4802, 4806, 9802, 9806 |
1862 | 4803, 4806, 9803, 9806 |
1863 | 4804, 9804 |
1864, 1865 | 4805, 9805 |
1866 | 4802, 4803, 9802, 9803 |
Title 34 Former Sections | Title 10 New Sections |
---|---|
1 | 5501 |
2 | 5403, 5405 |
3 | 5404 |
3a(a), (b) | 5447, 5448 |
3a(c) | 5701 nt. |
3a(d) | 6387 |
3a(e) | 5701 nt. |
3b(a), (b) | 5449 |
3b(c) | 5701 nt. |
3b(d) | 6388 |
3b(e) | 5701 nt. |
3c(a) | 5442–5444, 5446, 5596, 5652–5661, 5663, 5711, 5786, 6386. Rep. in part. |
3c(b) | 5442–5444, 5666, 5786, 6371–6380, 6382, 6383, 6385 |
3c(c) | 5596 |
3c(d) | 5784, 5788 |
3c(e) | 5596, 5784, 6326 |
3c(f) | See T. 37 §415 |
3c(g) | 5596 |
3c(h) | 5596, 5784, 5786, 5788 |
3c(i) | Rep. |
3c(j) | 6381, 6383, 6400 |
3d | 5445, 5546, 5596, 5662, 5711, 5784, 5785, 6386 |
3e | 5234, 5451, 5662, 5711, 5785, 6386 |
3f | 5442 nt. |
4(a) | 5447, 5448 |
4(b–e) | 5447 |
4(f) | 5447, 5448, 5455 |
4(g) | 5454 |
5 | 5449, 5454, 5455 |
5a(a)–(e) | 5442 |
5a(f) | 5444 |
5a(g) | 5442, 5443 |
5a(h) | 5444 |
5a(i) | 5442–5444, 5447–5449 |
5a(j) | 5454, 5507 |
5a(k) | 5442–5444 |
5a–1 | 5451 |
5a–2 | 686 |
5b | 5591–5594 |
6–10 | Rep. |
10a | 5501. Rep. in part. |
11 | 5572 |
12 | 5572, 5573 |
13, 14 | 5572, 5582 |
15 | Rep. |
16 | Elim. |
17 | 5573a |
17a–17c | Rep. |
21 | 5599 |
21a | Rep. |
21b | 5574 |
21c(c) | 3294 nt. |
21c(d) | 3444, 8444 |
21c(e) | 5787a |
21c(f) | 5652a |
21c (less (c)–(f)) | 5572, 5574 |
21d | 5574 |
21e | 5446, 5574, 5578, 5579, 5581, 5663, 5702, 5707, 5708, 5710, 5711, 5753, 5762, 5766, 5773, 5776, 6033, 6393 |
22, 23 | 5574 |
24, 25 | Rep. |
26 | 5987 |
30a | 5404, 6027, 6028. Rep. in part. |
30a–1 | 5139 |
30b, 30c | Rep. |
30d | Elim. |
30e | 5579 |
30f | 5572 |
30g | 6392 |
30h | 5579, 5945 |
30i | Rep. |
30j | 5579 |
30k–30m | 5579 nt. |
31 | Rep. |
32 | Rep. |
33 | Rep. |
34 | 5412, 6013, 6014 |
34a | 6014 |
35–37 | Rep. |
41, 42 | Rep. |
43 | 5572, 6027. Rep. in part. |
43a | 5140 |
43b | Rep. |
43b–1 | Elim. |
43c | 5580, 6392 |
43c–1 | 5601 |
43d | 5945, 6030 |
43e, 43f | Rep. |
43g(a) | 6396 |
43g(b) | 5140 |
43g(c) | 6151 |
43g(d) | 6325, 6396 |
43g(e) | Rep. |
43g(f) | 6151, 6325, 6396 |
43g(g) | 6151, 6329, 6404 |
43g(h) | 6324, 6396 |
43g(i) | 772 |
43h(a) (provisos) | 6033, 6086, 7577 |
43h (less provisos of (a)) | Rep. |
43i | 6393 |
43j | Elim. |
43k–43o | Rep. |
51 | 5578, 6027 |
51a | Rep. |
51b(c) | 3294 nt. |
51b(d) | 3444, 8444 |
51b(e) | 5787a |
51b(f) | 5652a |
51b (less (c)–(f)) | 5572, 5578 |
51c | 5578, 5787a |
52 | 5578 |
53, 54 | T. 5 §§456b, 456c (See Rev. T. 5 Table) |
55 | T. 5 §456d (See Rev. T. 5 Table) |
61 | 5575 |
61a–63 | Rep. |
64–66 | 6026 |
67 | 6113 |
71 | 5587 |
71a, 71b | Rep. |
72 | 5406 |
73 | 5587 |
74, 74a | Rep. |
75, 76 | Rep. |
77 | 5572, 5587 |
78 | 5407, 5587 |
79 | Rep. |
81 | Rep. |
82–86 | Rep. |
91 | 5576 |
92, 93 | Rep. |
93a | 5572, 5576 |
94 | Rep. |
95, 96 | 6031 |
97 | 5142 |
101 | Elim. |
102 | Rep. |
105 | 5532–5534, 5572, 5590 |
105a (proviso) | Rep. |
105a (less proviso) | 5410 |
105b (1st sent.) | Rep. |
105b (less 1st sent.) | 5452–5455 |
105c | 5590 |
105d | 5143 |
105e (proviso) | Rep. |
105e (less proviso) | 5777 |
105f | Rep. |
105g | 6015 |
105h | 6033 |
105i | 6294, 6393 |
105j | 5446, 5504, 5596, 5663, 5704–5707, 5710, 5711, 5784 |
105k | 5446, 5504, 5590, 5663, 5664, 5711, 5753, 5763, 5774 |
111, 112 | Rep. |
121–132a | Rep. |
133, 134 | Rep. |
135(a), (b) | 101 |
135(c) | 564 |
135(d) | 564, 1166, 1167, 1255, 1263, 1293, 1305. Rep. in part. See 1164 nt. |
135a | 555, 597, 5503, 5596–5593, 5787; T. 14 §§435–438 |
135b | Rep. |
135c | 555, 556, 597, 5596–5598, 5787; T. 14 §§435–438 |
135d | 515, 1165 |
135e, 135f | Rep. |
135g | T. 14 §§435–438 |
141–146 | Rep. |
151 | 5401 |
152 | Rep. |
153 | 5401, 5402 |
161 | 5532, 5533 |
161a | (See former 206) |
162 | 5535 |
163 | 5532 |
171–175 | Rep. |
176 | 6013 |
177 | Rep. |
181 | 5533, 5534, 5538, 6293 |
181a | 5538 |
182 | 5534 |
183, 183a | 5536 |
183b | 972 |
184 | 5539 |
185 | 5537 |
186 | 5538 |
187 | 5531. Rep in part. See T. 14 §350 |
188 | 5534. Rep. in part. See T. 14 §351 |
189 | Rep. See T. 14 §§350, 351 |
191 | 5401, 5410, 5412, 6296 |
192, 193 | 6291 |
194 | Rep. |
195 | 6295 |
196 | Rep. |
197 | 6297 |
197a, 198 | Rep. |
199 | 6298 |
200 | Rep. |
201–201b | 5540 |
202 | Rep. |
203 | 6293 |
204 | Rep. |
205, 206 | Elim. |
211 | 6019 |
211a(a) (1st proviso of 2d sent.) | Rep. |
211a(a) (less 1st proviso of 2d sent.) | 5504, 5786 |
211a(b)–(d) | Rep. |
211a(e) (words before 2d proviso) | Rep. |
211a(e) (less words before 2d proviso) | Elim. |
211a(f)–(h) | Rep. |
211a(i) (less 1st proviso) | 5504 |
211a(j) | Rep. |
211a(k) (1st, 2d, 4th, 5th provisos) | Elim. |
211a(k) (less 1st, 2d, 4th, 5th provisos) | Rep. |
211a(l), (m) | Rep. |
211a(n) | 5597, 5787 |
211a(o) | 5504, 5505, 5786 |
211a(p) | Rep. |
211a(q) | 5780–5782 |
211a(r) | 6371 |
211a(s) | Rep. |
211a(t) | Elim. |
211b | 5408, 5587 |
211b–1 to 211b–5 | Elim. |
211c(a) | 5572, 5589 |
211c(e)–(g) | 5409 |
211c(h) | Rep. |
211c (less (e)–(h)) | 5589 |
211d | 5231, 5501 |
211e | 5450 |
212, 212a | Rep. |
213–215 | Rep. |
216 | 5981 |
217 | 5948 |
217a, 217a–1 | Rep. |
217a–2 | 1031 |
217b | 7476 |
218 | 5950 |
219 | 6143 |
220 | 5949 |
221 | Rep. |
222 | 6018 |
223, 224 | Rep. |
225 | 5133 |
226 | 6405 |
227 | Rep. |
228 | 6406 |
228a | Elim. |
228b, 229 | Rep. |
230 | T. 37 §4c–1 (See Rev. T. 37 Table) |
231, 232 | Rep. |
233 | 5862 |
234, 235 | Rep. |
241, 241a | 741 |
242–244a | Rep. |
245 | Rep. |
246 | 5946 |
247, 248 | 5953 |
249–251 | Rep. |
251a | 744 |
252 | Rep. |
253 | 5945 |
254, 255 | Rep. |
256 | 5577 |
257 | Rep. |
258 | 5504 |
259 | Rep. |
259a | 745 |
260–263 | Rep. |
264 | 5951 |
265 | 5947 |
266 | 6031 |
271, 272 | 5861 |
272a | Elim. |
273 | Rep. |
274, 275 | 5862 |
276–279 | 5863 |
280 | 5866 |
281, 282 | 5863 |
283 | 5865 |
284, 285 | 5862 |
285a | 5442, 5444, 5447, 5449, 5452 |
285b–285d | 1521 |
285e | 1522 |
285e–1 | 1521 nt. |
285f | 1523 |
286 to 286h–2 | Rep. |
286i–294a | Rep. |
295–297b | Rep. |
298–303 | Rep. |
304–304g | 5701 nt. |
305–305g | 5701 nt. |
306 | 5701–5703 |
306a | 5705 |
306b(a)(1) | 6371 |
306b(a)(2) | 6378 |
306b(a)(3) | 5751, 5754 |
306b(a)(4), (5) | 5751 |
306b(b)(1) | 6378 |
306b(b)(2) | 5753, 5754 |
306b(b)(3) | 5753 |
306c(a)(1) | 5706 |
306c(a)(2) | 5756 |
306c(a)(3) | 5757 |
306c(a)(4), (5) | 5758, 5759 |
306c(a)(6), (7) | 5758 |
306c(a)(8) | 6371 |
306c(a)(9) | 5707 |
306c(a)(10)–(12) | 5764, 5765 |
306c(a)(13), (14) | 5768 |
306c(b)(1) | 5706 |
306c(b)(2)–(8) | 5762 |
306c(b)(9) | 5761 |
306c(b)(10) | 5707 |
306c(b)(11), (12) | 5766 |
306c(c) | 5755, 6407 |
306d(a) | 5707, 5776. Rep. in part. |
306d(b) | 5707, 5776 |
306d(c)(1) | 5707 |
306d(c)(2) | 5708, 6384 |
306e | 5708, 5710 |
306f(a)(1) | 5769, 5771 |
306f(a)(2) | 5769, 5771, 5775 |
306f(a)(3) | 5770 |
306f(b)(1), (2) | 5773, 5775 |
306f(b)(3) | 5772, 5775 |
306f(c)(1) | 5777 |
306f(c)(2) | 5780, 5791 |
306f(c)(3) | 5781, 5791 |
306f(c)(4) | 5782, 5791 |
306f(c)(5), (6) | 5783 |
306f(d)(1) | Rep. |
306f(d)(2) | 5508 |
306f(d)(3) | 5652, 5652b |
306f(d)(4) | 5653 |
306f(d)(5) | 5655 |
306f(d)(6) | 5654 |
306f(d)(7) | 5656 |
306f(d)(8) | 5657 |
306f(d)(9) | 5658 |
306f(d)(10) | 5659 |
306f(d)(11) | 5660 |
306f(d)(12) | 5661 |
306f(d)(13) | 5651 |
306f(d)(14) | 5507 |
306g | 5788 |
306h | 5596, 5779, 5784 |
306i–306k | Rep. |
306l | 5862 |
306m | Rep. |
306n | Elim. |
306o | 5788 |
306p | 5861, 5862 |
306q | 5751, 6371, 6376, 6377 |
306r | Rep. |
306s | 5767 |
306t | Rep. |
307(a) | 5704, 5754, 5755, 5771 |
307(b) | 5787b, 5788 |
307(c) | 5704 |
307(d) | 5752, 5754 |
307(e) | 5664 |
307(f) | 5753 |
307(g), (h) | 5707 |
307(i) | 5760. Rep. in part. See 6401 nt. |
307(j) | 5707, 5760, 5771, 5775 |
307(k) | 5707, 5763. Rep. in part. See 6401 nt. |
307(l) | 5707, 5708 |
307(m) | 5710 |
307(n) | 5775 |
307(o) | 5774, 5775 |
307(p) (1st sent.) | 5403–5405, 5447–5449 |
307(p) (less 1st sent.) | Rep. |
307(q) | 5770 |
307(r) | Rep. |
311–313a | Rep. |
314 | 5788 |
321–324 | Rep. |
330 | 557, 598, 5596–5598, 5787; T. 14 §§435–438 |
330a | 558 |
330b | 559, 561 |
330c | 560, 562 |
330d | 562, 563 |
330e | 557 |
330f | 564 |
330g | 565, 599 |
331–331b | Rep. |
332–332c | Rep. |
333–335b | Rep. |
336, 337 | Rep. |
338 | 5572, 5586 |
338a (provisos) | Rep. |
338a (less provisos) | 5586 |
338b | 5586 |
338c (proviso) | Rep. |
338c (less proviso) | 5504 |
338d | 5586 |
338e | Rep. |
338f (proviso) | 5586 |
338f (less proviso) | Rep. |
338g | 5504, 5586 |
339(a), (b) | 5586 |
339(c) | Elim. |
341–343 | 5790 |
344 | Rep. |
345–347 | 5789 |
348–348u | Rep. |
349–349k | Rep. |
350, 350a | 5597, 5787; T. 14 §§435–438 |
350b | 5787; T. 14 §§435–438 |
350c(a) | 5597, 5787; T. 14 §§435–438 |
350c(b) | Rep. |
350d | 5597, 5787, 6395; T. 14 §§435–438 |
350e | 5501, 5597, 5787; T. 14 §§435–438 |
350f(a) (1st, 3d, 4th provisos) | Rep. |
350f(a) (less 1st, 3d, 4th provisos) | 5597, 5787, 6326; T. 14 §§435–438 |
350f(b) | Rep. See T. 37 §414 |
350g | Rep. |
350h | 5442–5444, 5447–5449; T. 14 §§758a, 759a |
350i(a) | 5597, 5787, 6488; T. 14 §§435–438, 758a, 759a |
350i(b)(1) | Rep. |
350i(b)(2) | 6151. Rep. in part. See T. 42 §212(g) |
350i(c) | Rep. |
350i(d) | 6488 |
350i(e) | 6161, 6326 |
350j | 5597, 5787. Rep. in part. See T. 14 §351; T. 42 §212(g) |
350k | 5597, 5787. Rep. in part. See T. 42 §212(g) |
351–353 | Rep. |
354 | 6241 |
355 | 6243 |
356 | 6242 |
356a | 6244 |
356b | 6246 |
357 | Rep. |
358 | 6247 |
358a | 6255 |
359 | 6253, 6254 |
360 | 6248 |
361 | Elim. |
362 | 6249 |
363 | 6250 |
364 | 6245, 6247, 6249–6252 |
364a | T. 14 §492a. Rep. in part. See T. 14 §§494, 497 |
364b | Rep. |
365 | T. 38 §§391–394 (See Rev. T. 38 Table) |
366 | Elim. |
367 | 7218 |
371 | 1123 |
372–375 | (See former 371) |
381 | 6321 |
382 | Rep. |
383 | 6322 |
384 | Rep. |
385 | 6329 |
386 | 5864 |
387–388a | Rep. |
389 | 772, 6016, 6325, 6381, 6383, 6394, 6400 |
390–393 | Rep. |
394 | 1375 |
395–396a | Rep. |
397 | Rep. |
399 to 399c–1 | Rep. |
399d | 772 |
399e | Elim. |
399f | Rep. |
399g | (See former 399c–1) |
399h | Rep. |
400 | Rep. |
401 | 5955 |
402, 402a | Rep. |
403–405 | Rep. |
405a | 6392 |
406–410 | Rep. |
410a | 6394 |
410b, 410b–1 | 6323 |
410c | 6151, 6325, 6328, 6404 |
410d | 6390, 6404 |
410e | Rep. |
410f–410i | 5701 nt. |
410j(a) | 6376–6384 |
410j(b) | 6376–6378 |
410j(c) | 6379 |
410j(d) | 6383 |
410j(e) | 6380 |
410j(f) | 6383 |
410j(g) | 6381, 6383, 6400, 6404 |
410j(h) | 6382–6384, 6404 |
410j(i) | Rep. |
410j(j) | 5865 |
410j(k) | 6381 |
410j(l) | Elim. |
410j(m) | 6382–6384. Elim. in part. |
410k | Elim. |
410l(a) | 6371, 6381 |
410l(b) | 5709, 5710, 6372, 6381 |
410l(c) | 6381 |
410l(d)–(k) | Rep. |
410m | 6325, 6326, 6381 |
410n | 6150, 6483 |
410o (last proviso) | Elim. |
410o (less last proviso) | 5233 |
410p(a) | 6390 |
410p(b) | Rep. |
410q | 6149 |
410r(a) | 5776, 6151, 6380, 6382, 6400 |
410r(b) | 5143, 6398 |
410r(c) | 6399 |
410r(d) | 5143 |
410r(e) | 5143, 6398, 6399 |
410r(f) | Rep. |
410r(g) | 5143, 6151, 6325 |
410r(h) | 5143, 6151, 6328, 6404 |
410r(i) | 6400 |
410r(j) | 6401, 6402, 6404. Rep. in part. See 6401 nt. |
410r(k) | 5143, 6398, 6399 |
410s–418 | Rep. |
419–419b | 6394 |
421–423 | 6481 |
423a | Rep. |
424–426 | 5982 |
427 | Rep. |
428 | 5507, 6487. Rep. in part. See T. 42 §212(g) |
429 (proviso) | Rep. |
429 (less proviso) | 5507 |
430(a) | 1293 |
430(b)(1) | 1255 |
430(b)(2) | 1305 |
430(b)(3) | Rep. See 1164 nt. |
430(b) (less (1)–(3)) | 1263 |
430(c) | 1164 |
430(d) | 1371, 1401 |
430(e) | 564, 1164, 1166, 1255, 1263, 1305 |
430(f) | 1371, 1401, 6325 |
430(g) | Elim. |
430a | 515, 1166 |
430b | 1167 |
430c | 564, 1164, 1255, 1263, 1305 |
430d | 565, 599, 6409 |
431, 432 | 6326 |
433 | 6482 |
434 | 6484 |
435–440a | Rep. |
440h | 6017 |
440h–1 | 6323. Rep. in part. |
440i | 676, 1331, 1332 |
440j | 1333, 1401 |
440k | 1001, 1334 |
440l | 1331, 1336 |
440m | 101, 1332, 1333 |
440n | 6034 |
440o | 1334, 1335 |
440p | 1337 |
440q, 441 | Rep. |
441a | 712 |
442–448 | Rep. |
448a, 448b | Elim. |
449 | 6114 |
450 | Rep. |
450a, 450b | Elim. |
450b–1 | Rep. |
450c | Elim. |
451 | 5941 |
452 | 7293 |
453 | Rep. |
461–463 | 7292 |
471–473 | Rep. |
474 | 7224 |
481–486a | Rep. |
487 | Rep. |
488 | 7301 |
489 | Elim. |
490 | 7297 |
491 | 7304 |
492 | 7305 |
493, 493a | Rep. |
493a–1 | 7307 |
493b | 7306 |
493c | 7298 |
494 | Elim. |
495 (2d proviso of 1st par.) | Rep. |
495 (1st par., less 2d proviso) | Elim. |
495 (less 1st par.) | 7342, 7343 |
495a | 7342 |
496 | 2382, 7300 |
496a | Rep. |
496b | Elim. |
497 | Rep. |
498 to 498–5 | Elim. |
498a to 498a–2 | Elim. |
498a–3, 498a–4 | Rep. |
498a–5 | Elim. |
498b | (See former 749b) |
498c to 498c–3 | Elim. |
498c–4 | Rep. |
498c–5, 498c–6 | Elim. |
498c–7 to 498c–13 | Rep. |
498c–14, 498c–15 | Elim. |
498d | Rep. |
498d–1 | 7296 |
498d–2 | Elim. |
498e | Rep. |
498f to 498f–2 | Elim. |
498g | Rep. |
498g–1 | 7295 |
498h | 7294, 7344 |
498i | Rep. |
498j | 7302 |
498k | Rep. |
498l | 7299 |
498m (2d sent. of 3d par.) | 7296 |
498m (less 2d sent of 3d par.) | Elim. |
498n–498q | Elim. |
501 | 5943 |
502–504 | Rep. |
505 | 7474 |
506–508 | Rep. |
509 | 7475 |
510–514 | Rep. |
520 | T. 33 §733; T. 40 §255 (See Rev. T. 40 Table); T. 50 §175 |
520a | Rep. |
521 | 7219 |
522 | Rep. |
522a | 2667 |
522b–522d | Rep. |
522e | 2667 |
523 | 7223 |
524 (1st par.) | 7421–7423, 7426, 7430 |
524 (2d par.) | 7426, 7430 |
524 (3d par.) | 7430, 7432 |
524 (4th par.) | 7424, 7431 |
524 (5th par.) | 7425, 7432, 7434 |
524 (6th par.) | 7428, 7429 |
524 (7th par.) | Rep. |
524 (8th par.) | 7435 |
524 (9th par.) | 7436 |
524 (10th par.) | 7433 |
524 (11th par.) | 7437, 7438 |
524a | 7421 |
525 | Rep. |
526 | Elim. |
527 | 7580 |
528 | 2631 |
528a | Rep. |
529–531a | Rep. |
532–532a | Rep. |
533, 533a | 7601 |
534 | Rep. |
535 | Rep. See T. 14 §§144, 145 |
536 | 7603 |
537 | 6155 |
538 | 7602 |
539 | 4621, 9621 |
540 | 4625, 9625 |
540a | Rep. |
541 | 4564, 9564 |
542 | 7604 |
543, 544 | Rep. |
544a | T. 31 §495a |
545 | 2574 |
546 | T. 5 §150p (See Rev. T. 5 Table) |
546a | Rep. |
546b | 7541 |
546c | Rep. |
546d | 7542 |
546e | 7307. Rep. in part. |
546f | 7308 |
546g | 7545 |
546h | 7545, 7546 |
546i | 7544 |
546j | Elim. |
546k | 7308, 7545 |
546l–546n | Rep. |
547, 548 | Rep. |
549, 550 | 2542 |
551–551a | Rep. |
551b | 2573 |
552 | 7605 |
553 | Rep. |
553a–553c | 2481 |
554, 555 | Rep. |
555a, 555b | 2421 |
555c | Elim. |
555d, 555e | 7227 |
555f | 7228 |
556 | 7212 |
557 | 7213 |
558 | 7575 |
559 | 7206 |
560–567 | Rep. |
568 | 2383 |
569–579 | Rep. |
580 | 7229 |
580a | Elim. |
581 | Rep. |
582 | 7521 |
583 | 2384 |
584 | 7210 |
591 | 6011 |
592, 593 | Rep. |
593a | 5792 |
594 | Rep. |
595 | 6202 |
596 | 6221, 6224 |
597 | 1551 |
598, 599 | Rep. |
600 | 7625 |
600a | 7623 |
600b | 7624 |
600c, 600d | 7623 |
601–603 | Rep. |
604 | T. 37 §31a (See Rev. T. 37 Table) |
605 | 7215 |
606 | 7214 |
607 | Rep. |
608 | 6156 |
609 | 122 |
610 | Rep. |
621 | 5201 |
622 | 5201, 5502 |
623 | Rep. |
623a | 5202 |
623b | 5232, 5233, 5502 |
623c | 5952 |
624–625b | Rep. |
625c | 5588, 5707 |
625d | 5588 |
625e, 625f | 5204 |
625g | 6020 |
625h(a) | 5405, 5448, 5453–5455, 5532–5534, 5572, 5590, 5596, 5704–5708, 5711, 5752, 5755, 5760, 5771, 5775, 5777, 5784, 5787b, 5788, 6015, 6033, 6151, 6325, 6328, 6380, 6382, 6398–6402, 6404 |
625h(b) (proviso) | Rep. |
625h(b) (less proviso) | 5410 |
625h(c) (proviso) | Rep. |
625h(c) (less proviso) | 5411 |
625h(d) | 5206, 5453, 5787b |
625h(f) | Rep. See 5760 |
625h(g) | Rep. See 6401, 6402, 6404 |
626(a) | 5405, 5448, 5454, 5455, 6387 |
626(b)–(d) | 5448 |
626(e)–(n) | 5701 nt. |
626(o), (p) | 5448 |
626(q)–(y) | 5701 nt. |
626 | 5405, 5448, 5454, 5455, 6387. |
626–1(a) | 5443, 5445, 5454, 5504, 5505, 5703, 5705, 5707, 5708, 5711, 5751, 5755, 5756, 5765, 5768, 5769, 5775, 5777, 5780, 5783, 5785, 5786, 5788, 5791, 5862, 5865, 6321, 6322, 6325, 6329, 6376, 6377, 6379–6384, 6386 |
626–1(b)–(d) | 5443 |
626–1(e) | 5770 |
626–1(f) | 5703, 5707 |
626–1(g) | 5703 |
626–1(h) | 5751, 5769, 5775 |
626–1(i) | 5765 |
626–1(j) | 741 |
626–1(k) | 5703, 5709 |
626–1(l) | 5709, 5710, 6373, 6381 |
626–1(m) | 5709, 6373 |
626–1(n) | 6374, 6381 |
626–1(o) | 5443, 5703, 5707, 5708, 5757, 5765, 5769, 5775, 6383 |
626–1(p) | 5703, 5707, 5708, 5759, 5765, 5769, 5775, 6377, 6378 |
626–1(q) | 5709, 5710, 6375, 6381 |
626–1(r) | 5709, 6375 |
626–1(s) | 5706, 6378 |
626–1(t) | 5707 |
626–1(u) | Rep. |
626–1(v) | Elim. |
626–1(w) | (See former 626–1(t)) |
626–1(x) | (See former 626–1(u)) |
626–1(y) | Rep. |
626a, 626b | Rep. |
627, 627a | Rep. |
628 | Rep. |
629 | 5502 |
630–632a | Rep. |
632b (1st par.) | Rep. |
632b (less 1st par.) | 5203 |
632c | Rep. |
632d | 5588 |
633 | Rep. |
634 | 5583, 5585 |
635 | 5595 |
636 | Rep. |
637 | 5584 |
638 | Rep. |
639 | 5504, 5572, 5584 |
639a–646 | Rep. |
651 | 741, 5502 |
651a–654 | Rep. |
661–662c | Rep. |
663, 664 | Rep. |
665, 666 | 5861 |
667–667f | Rep. |
668–669b | Rep. |
670, 671 | 5790 |
671a | 5443, 5448, 5453 |
672 | 5789 |
681–685 | Rep. |
685a | 5201 |
685b | 5205 |
686–688 | Rep. |
691, 691–1 | Rep. |
691a | Rep. |
691b | Elim. |
691c, 691d | Rep. |
692 | 5533, 5534, 5538, 6293 |
692a | 5538 |
693 | 5531 |
694 | Rep. |
695 | 6158 |
696, 697 | Elim. |
701 | 6222, 6224 |
701–1 to 701–5 | 6222 nt. |
701a | Rep. |
702 | 6223 |
711, 712 | Rep. |
713 | 5944 |
714 | 6012 |
715–718 | Rep. |
721–723 | Rep. |
724 | 7581 |
725 | 6032 |
731 | Rep. |
732, 732a | 6021 |
733, 734 | Rep. |
735 (par. 1) | 6023 |
735 (par. 2) | 6025 |
735 (par. 3) | 6024 |
735 (pars. 4, 5) | 5942 |
735 (par. 6) | Rep. |
735 (par. 7) | 5942 |
735 (par. 8) | Rep. |
735a | Rep. |
735b | 6911 |
736 | 6022 |
737, 737a | 6914 |
738 (last sent.) | 6914 |
738 (less last sent.) | Rep. |
741–748 | Rep. |
749 (2d proviso of par. 7) | 7341 |
749 (less 2d proviso of par. 7) | Rep. |
749a to 749c–1 | Rep. |
749d, 749e | 7341 |
749f | Rep. |
751, 751a | Rep. |
752–770 | Rep. |
771, 772 | 6115 |
773, 774 | Rep. |
781–783b | Rep. |
784–790 | Rep. |
801–805 | Rep. |
811 | Rep. |
821(a), (b) | 6901 |
821(c), (d) | Rep. |
822 | 6901 |
831 | Rep. |
841 | Rep. |
841a–841e | 6915; T. 14 §§758a, 759a |
841f | Rep. |
841g | T. 14 §§758a, 759a |
841h | 6915; T. 14 §§758a, 759a |
842–843a | Rep. |
844 to 849d–1 | Rep. |
849e–849i | Rep. |
850 | Rep. |
850a, 850b | 6911 |
850c | 6912. Rep. in part. See T. 37 §402(a)–(c) |
850d | Rep. |
850e | 6912 |
850f, 850g | 6913 |
850h | 5788 |
850i, 850j | Rep. |
850k to 850k–2 | Elim. |
850l, 850m | Rep. |
851 to 853a–1 | Rep. |
835b to 853c–1 | Rep. |
853c–2 to 853c–2a | 6902 |
853c–3 | 6902 |
853c–4 (proviso) | 6902 |
853c–4 (less proviso) | Rep. |
853c–5 | Rep. |
853c–6 | Elim. |
853d, 853e | Rep. |
853e–1 | 684 |
853f to 853g–1 | Rep. |
853h–853j | Rep. |
854 (proviso) | Rep. |
854 (less proviso) | 6330 |
854a | 6330, 6332 |
854b | Elim. |
854c | 6330, 6331. Rep. in part. |
854c–1 to 854c–5 | 6330 nt. |
854d | 6485, 6486. Rep. in part. |
854e (2d, 4th provisos) | 6331 |
854e (3d, 5th provisos) | Elim. |
854e (less 3d–5th provisos) | 6485 |
854f | 6201 |
854g | Rep. |
855–855b | Rep. |
855c(a) | 6148 |
855c (less (a)) | Elim. |
855c–1 | 6148 |
855c–2 | Rep. |
855c–3 | 8687 nt. |
855c–4 | Rep. |
855d to 855i–1 | Rep. |
855j–855s | Rep. |
856 to 857c–1 | Rep. |
857d–857g | Rep. |
858–858c | Rep. |
861–861f | (See former 842, 843, 844–848) |
862, 863 | 6141 |
864 | Rep. |
864a | 5701 nt. |
864b | 5507 |
865 | Rep. |
865a | T. 37 §257 (See Rev. T. 37 Table) |
865b | 5062 |
866–869 | Rep. |
870 | 5788 |
870a | Elim. |
871–875 | Rep. |
875a | T. 37 §310c (See Rev. T. 37 Table) |
875b | T. 37 §310d (See Rev. T. 37 Table) |
876–877a | Rep. |
878 | Rep. |
879 | 6321, 6322, 6326 |
879a | Elim. |
879b, 880 | Rep. |
881 | 6406 |
882 | Rep. |
882a | 6111 |
882b | Rep. |
882c, 882d | 6111 |
883 | 6112 |
884 | Rep. |
885 | 6152 |
886, 887 | Rep. |
887a–889 | Rep. |
890 | 2772 |
891 | 6154 |
892–894a | Rep. |
895–895a | Rep. |
896–896b | Rep. |
897 | Rep. |
898 | 6157; T. 14 §471a |
899 | Rep. |
899a | 7523 |
900 | Rep. |
900a | 6292 |
900b, 901 | Rep. |
901a | 6081, 6086 |
902 | Rep. |
902a–902c | 6082 |
902d | 6083 |
903–907 | Rep. |
908 | 6084 |
909 | 6085 |
911 | 7571 |
911a | 7571, 7572 |
911b–911d | 7574 |
911e | Rep. |
912–914 | Rep. |
915 | 7572 |
915a | 7576 |
915b | 6087, 7578, 7579 |
915c | Elim. |
916, 916a | Rep. |
917, 919 | Rep. |
921 | Rep. |
921a, 921b | 6203 |
922–929 | Rep. |
931 | 6146 |
932 | 6142 |
933, 933a | Rep. |
935–936 | Rep. |
937–939 | 1035 |
941 | Rep. |
941a | 2771 |
942 | 6522 |
943, 944 | 6521 |
945 | Elim. |
951 | T. 37 §243 (See Rev. T. 37 Table) |
952 | T. 37 §244 (See Rev. T. 37 Table) |
953 | 6145 |
954 | 6144 |
961 | 6147 |
962 | Rep. |
963 | 6147 |
971–977 | Rep. |
981–984a | Rep. |
985–989 | Rep. |
991–993d | Rep. |
993e | Elim. |
994–995a | Rep. |
996–1001 | Rep. |
1011 | Rep. |
1012–1017 | Elim. |
1020, 1020a | 6903 |
1020b, 1020c | 6904–6906 |
1020d | 6023, 6906 |
1020e(a) | 6904, 6906 |
1020e(b) | 6909 |
1020e(c) | 6904, 6909 |
1020e(d) (1st sent.) | 5504, 6904, 6906, 6909 |
1020e(d) (less 1st sent.) | Rep. |
1020f | 6907, 6909 |
1020g, 1020h | 6907–6909 |
1020i | 6910 |
1020j | 6913 |
1020k | Rep. |
1020l | 6901 |
1020m | Rep. |
1021 | 6951 |
1031 | Rep. |
1032 | 6954, 6958 |
1032–1 | 6955 |
1032a, 1033 | Rep. |
1033a, 1034 | 6954 |
1035 | Rep. |
1035a | 6954 |
1036 to 1036–2 | 6957 |
1036a–1039 | 6954 |
1040, 1041 | 6956 |
1042, 1043 | 6958 |
1044–1045a | Rep. |
1046 | Rep. |
1047 | 6956, 6958 |
1048 | 6959 |
1049 | 6956 |
1051, 1052 | Rep. |
1052a | 6960 |
1053 | 6963 |
1054 | 6966 |
1055 | Rep. |
1056 | 6966 |
1057 (Proviso of 3d sent.) | Rep. |
1057 (3d sent. less proviso) | 5504 |
1057 (less 3d sent.) | 5573 |
1057–1 | 541 |
1057a (last sent.) | Rep. See 4353 nt., 6967 nt.; T. 46 §1126a–1 nt. |
1057a (less last sent.) | 6976 |
1057a–1 | (See former 1076f) |
1057b | Rep. |
1061 | Rep. |
1062 | 6961 |
1062a | 6962 |
1063–1067 | 6964 |
1068 | 6965 |
1071 | 6952, 7478 |
1072 | Rep. |
1073 | 7082 |
1073a | 7083 |
1073b | 7084 |
1073c | 7081 |
1073c–1 | 7081, 7085 |
1073c–2 | 7086 |
1073c–3 | 7087 |
1073d | 7081 |
1073e | 7088 |
1073f | Rep. See 7085 nt. |
1074 | 7043, 7081 |
1076 | 7041 |
1076a | 7042 |
1076b | 7044, 7081 |
1076c | 7043 |
1076d | 7046 |
1076e | 7045 |
1076f | 7047 |
1081, 1082 | Rep. |
1083–1088 | 6968 |
1091 | Rep. |
1091a | 6969 |
1101–1103 | 6970 |
1104 | Elim. |
1105 | Rep. |
1106 | 6971 |
1107, 1108 | Rep. |
1108a | Elim. |
1108b (last proviso) | Elim. |
1108b (less last proviso) | 6971 |
1109 | Rep. |
1109a | Elim. |
1110 | Rep. |
1111 | 6972 |
1115–1115c | 6973 |
1116 | Rep. |
1117 | Elim. |
1118–1120 | 6974 |
1121 | T. 46 §1335 |
1122 | T. 46 §1336 |
1123 | 5985. Rep. in part. See T. 46 §1337 |
1123a | T. 46 §1337 |
1123b | T. 46 §1338 |
1123c | T. 46 §1339 |
1123d | T. 46 §1340 |
1123e | T. 46 §1341 |
1123f–1125 | Rep. |
1126 | 5986 |
1127 | Rep. |
1128 | 7547 |
1129, 1130 | 5984 |
1131, 1132 | 7651 |
1133 | 7657 |
1134 | 7658 |
1135 | 7659 |
1136 | 7656 |
1137 | 7655, 7676 |
1138 | 7660, 7661 |
1139 | 7662 |
1140 | 7663 |
1141 | 7653, 7654 |
1142 | 7664 |
1143 | 7665 |
1144 | 7666 |
1145 | 7667 |
1146 | 7680 |
1147 | 7679 |
1148 | 7669 |
1149 | 7670 |
1150 | 7670, 7671 |
1151 | 7668 |
1152 | 7677 |
1153 | 7673 |
1154, 1155 | 7676 |
1156 | 7675 |
1157 | 7674 |
1158 | 7651, 7672 |
1158a | Rep. |
1159 | 7651, 7652 |
1160 | 7653 |
1161 | 7652 |
1162 | 7663 |
1163 | 7655, 7676 |
1164 (1st sent.) | Rep. |
1164 (less 1st sent.) | 7652 |
1165 | 7681 |
1166 | 7652 |
1167 | 7678 |
1200, 1201 | Rep. |
Positive Law; Citation
This title has been enacted into positive law by section 1 of act Aug. 10, 1956, ch. 1041, 70A Stat. 1, which provided in part that: "Title 10 of the United States Code, entitled 'Armed Forces', is revised, codified, and enacted into law, and may be cited as 'Title 10, United States Code, §—.' "
Repeals
Act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large covering provisions codified in this act, "except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this act [Aug. 10, 1956] and except as provided in section 49."
Savings Provision and Separability
Act Aug. 10, 1956, ch. 1041, §49, 70A Stat. 640, provided that:
"(a) In sections 1–48 of this Act [see Tables for classification], it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act [Aug. 10, 1956]. However, laws effective after March 31, 1955, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency.
"(b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1–48.
"(c) Actions taken and offenses committed under the replaced law shall be considered to have been taken or committed under the corresponding provisions of sections 1–48.
"(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
"(e) In chapter 47 of title 10, United States Code, enacted by section 1 of this Act, no inference of a legislative construction is to be drawn from the part in which any article is placed nor from the catchlines of the part or the article as set out in that chapter.
"(f) The enactment of this Act does not increase or decrease the pay or allowances, including retired pay and retainer pay, of any person.
"(g) The enactment of this Act does not affect the status of persons who, on the effective date of this Act [Aug. 10, 1956], have the status of warrant officers of the Army Mine Planter Service."
Effective Date of Uniform Code of Military Justice
Act Aug. 10, 1956, ch. 1041, §51, 70A Stat. 640, provided that chapter 47 of this title takes effect January 1, 1957.
Restatement of Suspended or Temporarily Superseded Provisions
Act Aug. 10, 1956, ch. 1041, §50, 70A Stat. 640, provided that: "If on the effective date of this Act [Aug. 10, 1956] a provision of law that is restated in this Act and repealed by section 53 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status."
Improvement of United States Code by Pub. L. 85–861; Legislative Purpose; Repeal of Inconsistent Provisions; Corresponding Provisions; Savings Provision and Separability; Status; Repeals
Pub. L. 85–861, §34, Sept. 2, 1958, 72 Stat. 1568, provided that:
"(a) In sections 1–32 of this Act [see Tables for classification], it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act [Sept. 2, 1958]. However, laws effective after December 31, 1957, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency.
"(b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1–32.
"(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 1–32.
"(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
"(e) The enactment of this Act does not increase or decrease the pay or allowances, including retired and retainer pay, of any person."
Pub. L. 85–861, §35, Sept. 2, 1958, 72 Stat. 1568, provided that: "If on the effective date of this Act [Sept. 2, 1958] a provision of law that is restated in this Act and repealed by section 36 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status."
Pub. L. 85–861, §36, Sept. 2, 1958, 72 Stat. 1568, repealed certain laws except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before Sept. 2, 1958.
Improvement of United States Code by Pub. L. 87–651; Inconsistent Provisions Superseded; Corresponding Provisions
Pub. L. 87–651, title III, §306, Sept. 7, 1962, 76 Stat. 526, provided that:
"(a) Laws becoming effective after January 9, 1962, that are inconsistent with this Act [see Tables for classification] shall be considered as superseding it to the extent of the inconsistency.
"(b) References made by other laws, regulations and orders to the laws shall be considered to be made to the corresponding provisions of this Act.
"(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of this Act.
"(d) The enactment of this Act, except section 108 [amending section 1334 [now 12734] of this title], does not increase or decrease the pay or allowances, including retired and retainer pay, of any person."
Improvement of United States Code by Pub. L. 89–718; Inconsistent Provisions Superseded; Corresponding Provisions
Pub. L. 89–718, §74, Nov. 2, 1966, 80 Stat. 1124, provided that:
"(a) Laws becoming effective after June 1, 1965, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency.
"(b) References made by other laws, regulations, and orders to the laws restated by this Act shall be considered to be made to the corresponding provisions of this Act.
"(c) Actions taken under the laws restated by this Act shall be considered to have been taken under the corresponding provisions of this Act."
Improvement of United States Code by Pub. L. 97–295; Legislative Purpose; Repeal of Inconsistent Provisions; Corresponding Provisions; Savings Provision and Separability
Pub. L. 97–295, §5, Oct. 12, 1982, 96 Stat. 1313, provided that:
"(a) Sections 1–4 of this Act [see Tables for classification] restate, without substantive change, laws enacted before December 2, 1981, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after December 1, 1981, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.
"(b) A reference to a law replaced by sections 1–4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
"(c) An order, rule, or regulation in effect under a law replaced by sections 1–4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
"(d) An action taken or an offense committed under a law replaced by sections 1–4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
"(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision.
"(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications."
Pub. L. 97–295, §6(a), Oct. 12, 1982, 96 Stat. 1314, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Pub. L. 97–295, §6(b), Oct. 12, 1982, 96 Stat. 1314, repealed certain sections or parts of sections of the Statutes at Large, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 12, 1982.
Improvement of United States Code by Pub. L. 100–370; Corresponding Provisions; Savings Provision
Pub. L. 100–370, §4, July 19, 1988, 102 Stat. 856, provided that:
"(a)
"(b)
"(c)
Improvement of United States Code by Pub. L. 101–510; Corresponding Provisions; Savings Provision
Pub. L. 101–510, div. A, title XIV, §1481(k), Nov. 5, 1990, 104 Stat. 1709, provided that:
"(1) A reference to a law replaced by the provisions of title 10, United States Code, enacted by this section [enacting sections 129b, 1056, 2245, 2549, 2550, 2678, and 2732 of this title, amending sections 114, 1584, 1593, 2701, 2734, 2734a, and 2734b of this title, enacting provisions set out as a note under section 1056 of this title, and repealing provisions set out as notes under sections 113, 114, 1584, 1593, 2241, and 2701 of this title] (including a reference in a regulation, order, or other law) shall be treated as referring to the corresponding provision enacted by this section.
"(2) A regulation, rule, or order in effect under a law replaced by the provisions of title 10, United States Code, enacted by this section shall continue in effect under the corresponding provision enacted by this title until repealed, amended, or superseded.
"(3) An action taken or an offense committed under a law replaced by the provisions of title 10, United States Code, enacted by this section shall be treated as having been taken or committed under the corresponding provision enacted by this title."
Improvement of United States Code by Pub. L. 103–337; Corresponding Provisions; Savings Provision
Pub. L. 103–337, div. A, title XVI, §1665, Oct. 5, 1994, 108 Stat. 3012, provided that:
"(a)
"(b)
"(c)
Subtitle A—General Military Law
PART I—ORGANIZATION AND GENERAL MILITARY POWERS
PART II—PERSONNEL
PART III—TRAINING AND EDUCATION
PART IV—SERVICE, SUPPLY, AND PROCUREMENT
PART V—ACQUISITION
subpart a—general
subpart b—acquisition planning
subpart c—contracting methods and contract types
subpart d—general contracting requirements
subpart e—special categories of contracting: major defense acquisition programs and major systems
subpart f—special categories of contracting: research, development, test, and evaluation
subpart g—other special categories of contracting
subpart h—contract management
subpart i—defense industrial base
Amendment of Analysis
Pub. L. 115–232, div. A, title VIII, §836(e)(12), (h), Aug. 13, 2018, 132 Stat. 1870, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, this analysis is amended by amending item for chapter 140 to read "Procurement of Commercial Products and Commercial Services" and by substituting "2377" for "2375". See 2018 Amendment note below.
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §§801(b), 836(e)(12), Aug. 13, 2018, 132 Stat. 1831, 1870, substituted "Procurement of Commercial Products and Commercial Services" for "Procurement of Commercial Items" and "2377" for "2375" in item for chapter 140 and added item for part V containing items for subparts A to I and chapters 201 to 385.
2017—Pub. L. 115–91, div. A, title X, §1081(d)(4), Dec. 12, 2017, 131 Stat. 1600, amended directory language of Pub. L. 114–328, §805(a)(2). See 2016 Amendment note below.
Pub. L. 115–91, div. A, title X, §1002(a)(2), Dec. 12, 2017, 131 Stat. 1537, added item for chapter 9A.
2016—Pub. L. 114–328, div. A, title VIII, §846(2), title XII, §1241(o)(1), Dec. 23, 2016, 130 Stat. 2292, 2512, redesignated item for chapter 13 "The Militia" as 12 and substituted "246" for "311", redesignated item for chapter 15 "Insurrection" as 13 and substituted "251" for "331", redesignated item for chapter 17 "Arming of American Vessels" as 14 and substituted "261" for "351", redesignated item for chapter 18 "Military Support for Civilian Law Enforcement Agencies" as 15 and substituted "271" for "371", added item for chapter 16, and struck out item for chapter 144A "Major Automated Information System Programs".
Pub. L. 114–328, div. A, title VIII, §805(a)(2), Dec. 23, 2016, 130 Stat. 2255, as amended by Pub. L. 115–91, div. A, title X, §1081(d)(4), Dec. 12, 2017, 131 Stat. 1600, added item for chapter 144B.
2015—Pub. L. 114–92, div. A, title X, §1081(a)(1), Nov. 25, 2015, 129 Stat. 1000, substituted "Cyber Matters" for "Cyber matters" in item for chapter 19.
2014—Pub. L. 113–291, div. A, title XVI, §1632(d), Dec. 19, 2014, 128 Stat. 3640, added item for chapter 19.
2013—Pub. L. 113–66, div. A, title X, §1091(a)(1), Dec. 26, 2013, 127 Stat. 875, substituted "Nuclear Posture" for "Nuclear posture" in item for chapter 24.
Pub. L. 112–239, div. A, title X, §1031(b)(2), Jan. 2, 2013, 126 Stat. 1918, added item for chapter 24.
2011—Pub. L. 111–383, div. A, title VIII, §861(b), title X, §1075(b)(1), Jan. 7, 2011, 124 Stat. 4292, 4368, substituted "1030" for "1031" in item for chapter 53 and added item for chapter 149.
2009—Pub. L. 111–84, div. A, title X, §1073(a)(1), Oct. 28, 2009, 123 Stat. 2472, substituted "1580" for "1581" in item for chapter 81 and "2551" for "2541" in item for chapter 152.
2008—Pub. L. 110–181, div. A, title X, §1068(a)(4)(B), Jan. 28, 2008, 122 Stat. 326, substituted "Insurrection" for "Enforcement of the Laws to Restore Public Order" in item for chapter 15.
2006—Pub. L. 109–366, §3(a)(2), Oct. 17, 2006, 120 Stat. 2630, added item for chapter 47A.
Pub. L. 109–364, div. A, title VIII, §816(a)(2), title X, §1076(a)(4)(A), div. B, title XXVIII, §2851(c)(1), Oct. 17, 2006, 120 Stat. 2326, 2405, 2495, substituted "Enforcement of the Laws to Restore Public Order" for "Insurrection" in item for chapter 15 and added items for chapters 144A and 173.
2004—Pub. L. 108–375, div. A, title V, §532(e), title X, §1084(d)(1), Oct. 28, 2004, 118 Stat. 1900, 2061, substituted "480" for "481" in item for chapter 23, added item for chapter 107, and redesignated former item for chapter 107 as item for chapter 106A.
2003—Pub. L. 108–136, div. A, title IX, §921(d)(8), title X, §1045(a)(1), Nov. 24, 2003, 117 Stat. 1569, 1612, substituted "Geospatial-Intelligence" for "Imagery and Mapping" in item for chapter 22 and "2700" for "2701" in item for chapter 160.
2001—Pub. L. 107–107, div. A, title IX, §911(b), title X, §1048(a)(1), Dec. 28, 2001, 115 Stat. 1196, 1222, struck out period after "1111" in item for chapter 56 and added item for chapter 135.
2000—Pub. L. 106–398, §1 [[div. A], title VII, §713(a)(2), title IX, §922(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-184, 1654A-236, added items for chapters 56 and 112.
1999—Pub. L. 106–65, div. A, title V, §586(c)(1), title VII, §721(c)(2), Oct. 5, 1999, 113 Stat. 638, 694, added item for chapter 50 and substituted "Deceased Personnel" for "Death Benefits" and "1471" for "1475" in item for chapter 75.
1997—Pub. L. 105–85, div. A, title III, §§355(c)(2), 371(a)(2), (c)(5), title V, §591(a)(2), title X, §§1073(a)(1), (2), 1074(d)(2), Nov. 18, 1997, 111 Stat. 1694, 1705, 1762, 1900, 1910, substituted "481" for "471" in item for chapter 23, added items for chapters 80 and 136, and substituted "2460" for "2461" in item for chapter 146, "Commissaries and Exchanges and Other Morale, Welfare, and Recreation Activities" for "Utilities and Services" in item for chapter 147, "2500" for "2491" in item for chapter 148, and "2541" for "2540" in item for chapter 152.
1996—Pub. L. 104–201, div. A, title XI, §1123(a)(1), (2), title XVI, §1633(c)(3), Sept. 23, 1996, 110 Stat. 2687, 2688, 2751, substituted "National Imagery and Mapping Agency" for "Miscellaneous Studies and Reports" and "441" for "451" in item for chapter 22, added item for chapter 23, substituted "Civilian Defense Intelligence Employees" for "Defense Intelligence Agency and Central Imagery Office Civilian Personnel" in item for chapter 83, and struck out item for chapter 167 "Defense Mapping Agency".
Pub. L. 104–106, div. A, title V, §§568(a)(2), 569(b)(2), title X, §1061(a)(2), (b)(2), Feb. 10, 1996, 110 Stat. 335, 351, 442, added items for chapters 76 and 88 and struck out items for chapters 89 "Volunteers Investing in Peace and Security" and 171 "Security and Control of Supplies".
1994—Pub. L. 103–359, title V, §501(b)(2), Oct. 14, 1994, 108 Stat. 3429, substituted "Defense Intelligence Agency and Central Imagery Office Civilian Personnel" for "Defense Intelligence Agency Civilian Personnel" in item for chapter 83.
Pub. L. 103–355, title VIII, §8101(b), Oct. 13, 1994, 108 Stat. 3389, added item for chapter 140.
Pub. L. 103–337, div. A, title V, §554(a)(2), Oct. 5, 1994, 108 Stat. 2773, added item for chapter 22.
1993—Pub. L. 103–160, div. A, title VIII, §828(b)(1), Nov. 30, 1993, 107 Stat. 1713, struck out item for chapter 135 "Encouragement of Aviation".
1992—Pub. L. 102–484, div. A, title XIII, §1322(a)(2), div. D, title XLII, §4271(b)(1), Oct. 23, 1992, 106 Stat. 2553, 2695, added items for chapters 89 and 148 and struck out former items for chapters 148 "Defense Industrial Base", 149 "Manufacturing Technology", and 150 "Development of Dual-Use Critical Technologies".
1991—Pub. L. 102–190, div. A, title X, §1061(a)(26)(C)(ii), Dec. 5, 1991, 105 Stat. 1474, effective Oct. 1, 1993, struck out item for chapter 85 "Procurement Management Personnel".
Pub. L. 102–190, div. A, title VIII, §821(f), title X, §§1002(a)(2), 1061(a)(27)(A), title XI, §1112(b)(2), Dec. 5, 1991, 105 Stat. 1432, 1455, 1474, 1501, substituted "Defense Budget Matters" for "Regular Components" and inserted "221" in item for chapter 9, substituted "Original Appointments of Regular Officers in Grades Above Warrant Officer Grades" for "Appointments in Regular Components" in item for chapter 33, added item for chapter 33A, substituted "Manufacturing" for "Maufacturing" in item for chapter 149, added items for chapters 150 and 152, struck out item for former chapter 150 "Issue to Armed Forces" and struck out item for former chapter 151 "Issue of Serviceable Material Other Than to Armed Forces".
Pub. L. 102–25, title VII, §701(e)(1), (2), Apr. 6, 1991, 105 Stat. 114, added item for chapter 85 and in item for chapter 108 inserted "2161".
1990—Pub. L. 101–510, div. A, title II, §247(a)(2)(B), title V, §502(a)(2), title VIII, §823(b)(1), title IX, §911(b)(3), title XII, §1202(b), title XVIII, §1801(a)(2), Nov. 5, 1990, 104 Stat. 1523, 1557, 1602, 1626, 1656, 1757, added item for chapter 58, struck out item for chapter 85 "Procurement Management Personnel", added item for chapter 87, substituted "Department of Defense Schools" for "Granting of Advanced Degrees at Department of Defense Schools" in item for chapter 108, substituted "Support of Science, Mathematics, and Engineering Education" for "National Defense Science and Engineering Graduate Fellowships" in item for chapter 111, added item for chapter 149 and redesignated former item for chapter 149 as item for chapter 150, and added item for chapter 172.
1989—Pub. L. 101–189, div. A, title VIII, §843(d)(2), title IX, §931(e)(2), title XVI, §1622(d)(2), Nov. 29, 1989, 103 Stat. 1517, 1535, 1605, substituted "Training and Education" for "Training" in item for part III, added item for chapter 111, and substituted "Cooperative Agreements" for "Acquisition and Cross-Servicing Agreements" in item for chapter 138.
1988—Pub. L. 100–456, div. A, title III, §§342(a)(2), 344(b)(2), title VIII, §821(b)(2), title XI, §1104(b), Sept. 29, 1988, 102 Stat. 1961, 1962, 2016, 2046, substituted "Support for" for "Cooperation With" and "Agencies" for "Officials" in item for chapter 18, substituted "Defense Industrial Base" for "Buy American Requirements" in item for chapter 148, substituted "Property Records and Report of Theft or Loss of Certain Property" for "Property Records" in item for chapter 161, and added item for chapter 171.
Pub. L. 100–370, §§1(c)(3), (e)(2), 2(a)(2), 3(a)(2), July 19, 1988, 102 Stat. 841, 845, 854, 855, added items for chapters 54, 134, 146, and 148.
1987—Pub. L. 100–180, div. A, title III, §332(c), title VII, §711(b), Dec. 4, 1987, 101 Stat. 1080, 1111, substituted "Humanitarian and Other Assistance" for "Humanitarian and Civic Assistance Provided in Conjunction With Military Operations" in item for chapter 20 and "Financial Assistance Programs" for "Scholarship Program" in item for chapter 105.
Pub. L. 100–26, §§7(c)(1), 9(b)(4), Apr. 21, 1987, 101 Stat. 280, 287, added item for chapter 21, substituted "Acquisition and Cross-Servicing Agreements with NATO Allies and Other Countries" for "North Atlantic Treaty Organization Acquisition and Cross-Servicing Agreements" in item for chapter 138, substituted "Major Defense Acquisition Programs" for "Oversight of Cost Growth in Major Programs" and "2430" for "2431" in item for chapter 144, and substituted "2721" for "2701" in item for chapter 161.
1986—Pub. L. 99–661, div. A, title III, §333(a)(2), title XIII, §1343(a)(22), Nov. 14, 1986, 100 Stat. 3859, 3994, added item for chapter 20 and substituted "2341" for "2321" in item for chapter 138.
Pub. L. 99–499, title II, §211(a)(2), Oct. 17, 1986, 100 Stat. 1725, added item for chapter 160.
Pub. L. 99–433, title IV, §401(b), title VI, §605, Oct. 1, 1986, 100 Stat. 1030, 1075a, added items for chapters 2, 6, 38, and 144, inserted "and Functions" in item for chapter 3, substituted "Office of the Secretary of Defense" for "Department of Defense" in item for chapter 4, substituted "151" for "141" as the section number in the item for chapter 5, reenacted item for chapter 7 without change, and inserted "and Department of Defense Field Activities" in item for chapter 8.
Pub. L. 99–399, title VIII, §806(d)(2), Aug. 27, 1986, 100 Stat. 888, added item for chapter 110.
1985—Pub. L. 99–145, title VI, §671(a)(2), title IX, §924(a)(2), Nov. 8, 1985, 99 Stat. 663, 698, added items for chapters 85 and 109.
1984—Pub. L. 98–525, title VII, §705(a)(2), title XII, §1241(a)(2), Oct. 19, 1984, 98 Stat. 2567, 2606, substituted "Members of the Selected Reserve" for "Enlisted Members of the Selected Reserve of the Ready Reserve" in item for chapter 106 and added item for chapter 142.
1983—Pub. L. 98–94, title IX, §925(a)(2), title XII, §1268(15), Sept. 24, 1983, 97 Stat. 648, 707, added item for chapter 74, and substituted "or" for "and" in item for chapter 60.
1982—Pub. L. 97–295, §1(50)(D), Oct. 12, 1982, 96 Stat. 1300, added item for chapter 167.
Pub. L. 97–269, title V, §501(b), Sept. 27, 1982, 96 Stat. 1145, added item for chapter 8.
Pub. L. 97–214, §2(b), July 12, 1982, 96 Stat. 169, added item for chapter 169.
1981—Pub. L. 97–89, title VII, §701(a)(2), Dec. 4, 1981, 95 Stat. 1160, added item for chapter 83.
Pub. L. 97–86, title IX, §905(a)(2), Dec. 1, 1981, 95 Stat. 1116, added item for chapter 18.
1980—Pub. L. 96–513, title V, §§501(1), 511(29), (54)(B), (99), Dec. 12, 1980, 94 Stat. 2907, 2922, 2925, 2929, added item for chapter 32, substituted "531" for "541" as section number in item for chapter 33, substituted "34" for "35" as chapter number of chapter relating to appointments as reserve officers, added items for chapters 35 and 36, substituted "Reserve Components: Standards and Procedures for Retention and Promotion" for "Retention of Reserves" in item for chapter 51, added item for chapter 60, substituted "1251" for "1255" as section number in item for chapter 63, substituted "Retirement of Warrant Officers" for "Retirement" in item for chapter 65, substituted "1370" for "1371" as section number in item for chapter 69, amended item for chapter 73 to read: "Annuities Based on Retired or Retainer Pay", and capitalized "Assistance", "Persons", "Enlisting", "Active", and "Duty" in item for chapter 107.
Pub. L. 96–450, title IV, §406(b), Oct. 14, 1980, 94 Stat. 1981, added item for chapter 108.
Pub. L. 96–342, title IX, §901(b), Sept. 8, 1980, 94 Stat. 1114, added item for chapter 107.
Pub. L. 96–323, §2(b), Aug. 4, 1980, 94 Stat. 1019, added item for chapter 138.
1977—Pub. L. 95–79, title IV, §402(b), July 30, 1977, 91 Stat. 330, added item for chapter 106.
1972—Pub. L. 92–426, §2(b), Sept. 21, 1972, 86 Stat. 719, added items for chapters 104 and 105.
Pub. L. 92–425, §2, Sept. 21, 1972, 86 Stat. 711, amended item for chapter 73 by inserting "; Survivor Benefit Plan" after "Pay" which could not be executed as directed in view of amendment by Pub. L. 87–381. See 1961 Amendment note below.
1968—Pub. L. 90–377, §2, July 5, 1968, 82 Stat. 288, added item for chapter 48.
1967—Pub. L. 90–83, §3(2), Sept. 11, 1967, 81 Stat. 220, struck out item for chapter 80 "Exemplary Rehabilitation Certificates".
1966—Pub. L. 89–690, §2, Oct. 15, 1966, 80 Stat. 1017, added item for chapter 80.
1964—Pub. L. 88–647, title I, §101(2), title II, §201(2), Oct. 13, 1964, 78 Stat. 1064, 1069, added items for chapters 102 and 103.
1962—Pub. L. 87–651, title II, §203, Sept. 7, 1962, 76 Stat. 519, added item for chapter 4.
Pub. L. 87–649, §3(2), Sept. 7, 1962, 76 Stat. 493, added item for chapter 40.
1961—Pub. L. 87–381, §1(2), Oct. 4, 1961, 75 Stat. 810, substituted "Retired Serviceman's Family Protection Plan" for "Annuities Based on Retired or Retainer Pay" in item for chapter 73.
1958—Pub. L. 85–861, §§1(21), (26), (33), 33(a)(4)(B), Sept. 2, 1958, 72 Stat. 1443, 1450, 1455, 1564, substituted "General Service Requirements" for "Service Requirements for Reserves" in item for chapter 37, "971" for "[No present sections]" in item for chapter 49, "Medical and Dental Care" for "Voting by Members of Armed Forces" in item for chapter 55, and struck out "Care of the Dead" and substituted "1475" for "1481" in item for chapter 75.
2 Chapter heading amended by Pub. L. 115–91 without corresponding amendment of subtitle analysis.
PART I—ORGANIZATION AND GENERAL MILITARY POWERS
Amendments
2017—Pub. L. 115–91, div. A, title X, §1002(a)(2), Dec. 12, 2017, 131 Stat. 1537, added item for chapter 9A.
2016—Pub. L. 114–328, div. A, title XII, §1241(o)(1), Dec. 23, 2016, 130 Stat. 2512, redesignated item for chapter 13 "The Militia" as 12 and substituted "246" for "311", redesignated item for chapter 15 "Insurrection" as 13 and substituted "251" for "331", redesignated item for chapter 17 "Arming of American Vessels" as 14 and substituted "261" for "351", redesignated item for chapter 18 "Military Support for Civilian Law Enforcement Agencies" as 15 and substituted "271" for "371", and added item for chapter 16.
2015—Pub. L. 114–92, div. A, title X, §1081(a)(1), Nov. 25, 2015, 129 Stat. 1000, substituted "Cyber Matters" for "Cyber matters" in item for chapter 19.
2014—Pub. L. 113–291, div. A, title XVI, §1632(d), Dec. 19, 2014, 128 Stat. 3640, added item for chapter 19.
2013—Pub. L. 113–66, div. A, title X, §1091(a)(1), Dec. 26, 2013, 127 Stat. 875, substituted "Nuclear Posture" for "Nuclear posture" in item for chapter 24.
Pub. L. 112–239, div. A, title X, §1031(b)(2), Jan. 2, 2013, 126 Stat. 1918, added item for chapter 24.
2008—Pub. L. 110–181, div. A, title X, §1068(a)(4)(B), Jan. 28, 2008, 122 Stat. 326, substituted "Insurrection" for "Enforcement of the Laws to Restore Public Order" in item for chapter 15.
2006—Pub. L. 109–364, div. A, title X, §1076(a)(4)(A), Oct. 17, 2006, 120 Stat. 2405, substituted "Enforcement of the Laws to Restore Public Order" for "Insurrection" in item for chapter 15.
2004—Pub. L. 108–375, div. A, title X, §1084(d)(1), Oct. 28, 2004, 118 Stat. 2061, substituted "480" for "481" in item for chapter 23.
2003—Pub. L. 108–136, div. A, title IX, §921(d)(8), Nov. 24, 2003, 117 Stat. 1569, substituted "Geospatial-Intelligence" for "Imagery and Mapping" in item for chapter 22.
1997—Pub. L. 105–85, div. A, title X, §1073(a)(1), Nov. 18, 1997, 111 Stat. 1900, substituted "481" for "471" in item for chapter 23.
1996—Pub. L. 104–201, div. A, title XI, §1123(a)(2), Sept. 23, 1996, 110 Stat. 2688, substituted "National Imagery and Mapping Agency" for "Miscellaneous Studies and Reports" and "441" for "451" in item for chapter 22 and added item for chapter 23.
1994—Pub. L. 103–337, div. A, title V, §554(a)(2), Oct. 5, 1994, 108 Stat. 2773, added item for chapter 22.
1991—Pub. L. 102–190, div. A, title X, §1002(a)(2), Dec. 5, 1991, 105 Stat. 1455, substituted "Defense Budget Matters" for "Regular Components" and inserted "221" in item for chapter 9.
1988—Pub. L. 100–456, div. A, title XI, §1104(b), Sept. 29, 1988, 102 Stat. 2046, substituted "Support for" for "Cooperation With" and "Agencies" for "Officials" in item for chapter 18.
1987—Pub. L. 100–180, div. A, title III, §332(c), Dec. 4, 1987, 101 Stat. 1080, substituted "Humanitarian and Other Assistance" for "Humanitarian and Civic Assistance Provided in Conjunction With Military Operations" in item for chapter 20.
Pub. L. 100–26, §9(b)(4), Apr. 21, 1987, 101 Stat. 287, added item for chapter 21.
1986—Pub. L. 99–661, div. A, title III, §333(a)(2), Nov. 14, 1986, 100 Stat. 3859, added item for chapter 20.
Pub. L. 99–433, title VI, §605(a), Oct. 1, 1986, 100 Stat. 1075a, added items for chapters 2 and 6, inserted "and Functions" in item for chapter 3, substituted "Office of the Secretary of Defense" for "Department of Defense" in item for chapter 4, substituted "151" for "141" as section number in item for chapter 5, reenacted item for chapter 7 without change, and inserted "and Department of Defense Field activities" in item for chapter 8.
1982—Pub. L. 97–269, title V, §501(b), Sept. 27, 1982, 96 Stat. 1145, added item for chapter 8.
1981—Pub. L. 97–86, title IX, §905(a)(2), Dec. 1, 1981, 95 Stat. 1116, added item for chapter 18.
1962—Pub. L. 87–651, title II, §203, Sept. 7, 1962, 76 Stat. 519, added item for chapter 4.
CHAPTER 1—DEFINITIONS
§101. Definitions
(a)
(1) The term "United States", in a geographic sense, means the States and the District of Columbia.
[(2) Repealed. Pub. L. 109–163, div. A, title X, §1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term "possessions" includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term "armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(5) The term "uniformed services" means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term "department", when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term "executive part of the department" means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term "Secretary concerned" means—
(A) the Secretary of the Army, with respect to matters concerning the Army;
(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;
(C) the Secretary of the Air Force, with respect to matters concerning the Air Force; and
(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
(10) The term "service acquisition executive" means the civilian official within a military department who is designated as the service acquisition executive for purposes of regulations and procedures providing for a service acquisition executive for that military department.
(11) The term "Defense Agency" means an organizational entity of the Department of Defense—
(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or
(B) that is designated by the Secretary of Defense as a Defense Agency.
(12) The term "Department of Defense Field Activity" means an organizational entity of the Department of Defense—
(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department; and
(B) that is designated by the Secretary of Defense as a Department of Defense Field Activity.
(13) The term "contingency operation" means a military operation that—
(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or
(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 712 1 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
(14) The term "supplies" includes material, equipment, and stores of all kinds.
(15) The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
(16) The term "congressional defense committees" means—
(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(17) The term "base closure law" means the following:
(A) Section 2687 of this title.
(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
(C) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).
(18) The term "acquisition workforce" means the persons serving in acquisition positions within the Department of Defense, as designated pursuant to section 1721(a) of this title.
(b)
(1) The term "officer" means a commissioned or warrant officer.
(2) The term "commissioned officer" includes a commissioned warrant officer.
(3) The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.
(4) The term "general officer" means an officer of the Army, Air Force, or Marine Corps serving in or having the grade of general, lieutenant general, major general, or brigadier general.
(5) The term "flag officer" means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
(6) The term "enlisted member" means a person in an enlisted grade.
(7) The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
(8) The term "rank" means the order of precedence among members of the armed forces.
(9) The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).
(10) The term "original", with respect to the appointment of a member of the armed forces in a regular or reserve component, refers to that member's most recent appointment in that component that is neither a promotion nor a demotion.
(11) The term "authorized strength" means the largest number of members authorized to be in an armed force, a component, a branch, a grade, or any other category of the armed forces.
(12) The term "regular", with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office in a regular component of an armed force.
(13) The term "active-duty list" means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
(14) The term "medical officer" means an officer of the Medical Corps of the Army, an officer of the Medical Corps of the Navy, or an officer in the Air Force designated as a medical officer.
(15) The term "dental officer" means an officer of the Dental Corps of the Army, an officer of the Dental Corps of the Navy, or an officer of the Air Force designated as a dental officer.
(16) The term "Active Guard and Reserve" means a member of a reserve component who is on active duty pursuant to section 12301(d) of this title or, if a member of the Army National Guard or Air National Guard, is on full-time National Guard duty pursuant to section 502(f) of title 32, and who is performing Active Guard and Reserve duty.
(c)
(1) The term "National Guard" means the Army National Guard and the Air National Guard.
(2) The term "Army National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
(A) is a land force;
(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal expense; and
(D) is federally recognized.
(3) The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.
(4) The term "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
(A) is an air force;
(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal expense; and
(D) is federally recognized.
(5) The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard.
(6) The term "reserve", with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office held as a Reserve of one of the armed forces.
(7) The term "reserve active-status list" means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 14002 of this title) that contains the names of all officers of that armed force except warrant officers (including commissioned warrant officers) who are in an active status in a reserve component of the Army, Navy, Air Force, or Marine Corps and are not on an active-duty list.
(d)
(1) The term "active duty" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
(2) The term "active duty for a period of more than 30 days" means active duty under a call or order that does not specify a period of 30 days or less.
(3) The term "active service" means service on active duty or full-time National Guard duty.
(4) The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
(5) The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
(6)(A) The term "active Guard and Reserve duty" means active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard duty performed by a member of the National Guard pursuant to an order to full-time National Guard duty, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing, or training the reserve components.
(B) Such term does not include the following:
(i) Duty performed as a member of the Reserve Forces Policy Board provided for under section 10301 of this title.
(ii) Duty performed as a property and fiscal officer under section 708 of title 32.
(iii) Duty performed for the purpose of interdiction and counter-drug activities for which funds have been provided under section 112 of title 32.
(iv) Duty performed as a general or flag officer.
(v) Service as a State director of the Selective Service System under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. 3809(b)(2)).
(7) The term "inactive-duty training" means—
(A) duty prescribed for Reserves by the Secretary concerned under section 206 of title 37 or any other provision of law; and
(B) special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.
Such term includes those duties when performed by Reserves in their status as members of the National Guard.
(e)
(1)
(A) Firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, electronic scoring sites, buffer zones with restricted access, and exclusionary areas.
(B) Airspace areas designated for military use in accordance with regulations and procedures prescribed by the Administrator of the Federal Aviation Administration.
(2)
(A) research, development, testing, and evaluation of military munitions, other ordnance, and weapons systems; and
(B) the training of members of the armed forces in the use and handling of military munitions, other ordnance, and weapons systems.
(3)
(A) that is used for range activities, or
(B) although not currently being used for range activities, that is still considered by the Secretary to be a range and has not been put to a new use that is incompatible with range activities.
(4)
(B) Such term includes the following:
(i) Confined gaseous, liquid, and solid propellants.
(ii) Explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries, including bulk explosives and chemical warfare agents.
(iii) Chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, and demolition charges.
(iv) Devices and components of any item specified in clauses (i) through (iii).
(C) Such term does not include the following:
(i) Wholly inert items.
(ii) Improvised explosive devices.
(iii) Nuclear weapons, nuclear devices, and nuclear components, other than nonnuclear components of nuclear devices that are managed under the nuclear weapons program of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been completed.
(5)
(A) have been primed, fused, armed, or otherwise prepared for action;
(B) have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel, or material; and
(C) remain unexploded, whether by malfunction, design, or any other cause.
(6)
(7)
(8)
(f)
(1) "shall" is used in an imperative sense;
(2) "may" is used in a permissive sense;
(3) "no person may * * *" means that no person is required, authorized, or permitted to do the act prescribed;
(4) "includes" means "includes but is not limited to"; and
(5) "spouse" means husband or wife, as the case may be.
(g)
(Aug. 10, 1956, ch. 1041, 70A Stat. 3; Pub. L. 85–861, §§1(1), 33(a)(1), Sept. 2, 1958, 72 Stat. 1437, 1564; Pub. L. 86–70, §6(a), June 25, 1959, 73 Stat. 142; Pub. L. 86–624, §4(a), July 12, 1960, 74 Stat. 411; Pub. L. 87–649, §6(f)(1), Sept. 7, 1962, 76 Stat. 494; Pub. L. 90–235, §7(a)(1), Jan. 2, 1968, 81 Stat. 762; Pub. L. 90–623, §2(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92–492, §1, Oct. 13, 1972, 86 Stat. 810; Pub. L. 96–513, title I, §§101, 115(a), title V, §501(2), Dec. 12, 1980, 94 Stat. 2839, 2877, 2907; Pub. L. 97–22, §2(a), July 10, 1981, 95 Stat. 124; Pub. L. 97–86, title IV, §405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title IV, §414(a)(1), Oct. 19, 1984, 98 Stat. 2518; Pub. L. 99–145, title V, §514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–348, title III, §303, July 1, 1986, 100 Stat. 703; Pub. L. 99–433, title III, §302, Oct. 1, 1986, 100 Stat. 1022; Pub. L. 100–26, §7(i), (k)(1), Apr. 21, 1987, 101 Stat. 282, 283; Pub. L. 100–180, div. A, title XII, §§1231(1), (20), 1233(a)(2), Dec. 4, 1987, 101 Stat. 1160, 1161; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–510, div. A, title XII, §1204, Nov. 5, 1990, 104 Stat. 1658; Pub. L. 102–190, div. A, title VI, §631(a), Dec. 5, 1991, 105 Stat. 1380; Pub. L. 102–484, div. A, title X, §1051(a), Oct. 23, 1992, 106 Stat. 2494; Pub. L. 103–337, div. A, title V, §514, title XVI, §§1621, 1671(c)(1), Oct. 5, 1994, 108 Stat. 2753, 2960, 3014; Pub. L. 104–106, div. A, title XV, §1501(c)(1), Feb. 10, 1996, 110 Stat. 498; Pub. L. 104–201, div. A, title V, §522, Sept. 23, 1996, 110 Stat. 2517; Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title X, §§1042(a), 1043(a), 1045(a)(2), Nov. 24, 2003, 117 Stat. 1608, 1610, 1612; Pub. L. 108–375, div. A, title X, §1084(a), Oct. 28, 2004, 118 Stat. 2060; Pub. L. 109–163, div. A, title X, §§1056(c)(1), 1057(a)(1), (2), Jan. 6, 2006, 119 Stat. 3439, 3440; Pub. L. 109–364, div. A, title V, §524, Oct. 17, 2006, 120 Stat. 2193; Pub. L. 111–383, div. A, title VIII, §876, Jan. 7, 2011, 124 Stat. 4305; Pub. L. 112–81, div. A, title V, §515(b), Dec. 31, 2011, 125 Stat. 1395; Pub. L. 112–239, div. A, title VI, §681(a), Jan. 2, 2013, 126 Stat. 1795; Pub. L. 114–328, div. A, title X, §1081(b)(1)(A)(i), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 115–91, div. B, title XXVIII, §2831(d), Dec. 12, 2017, 131 Stat. 1858; Pub. L. 115–232, div. A, title III, §312(f), title XII, §1204(a)(3), div. B, title XXVIII, §2805(e), Aug. 13, 2018, 132 Stat. 1711, 2017, 2263.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101(1) 101(2) 101(3) 101(4) 101(5) 101(6) 101(7) |
50:351 (clause (b)). 32:4c (1st 33 words). [No source]. 50:901(e). 5:181–1(c) (for definition purposes); 5:411a(a) (for definition purposes); 5:626(c) (for definition purposes). [No source]. 5:171(b) (last 23 words of clause (1), for definition purposes). |
Sept. 16, 1942, ch. 561, §401 (clause (b)); added Apr. 1, 1944, ch. 150, §401 (clause (b)); restated Apr. 19, 1946, ch. 142, §401 (clause (b)), 60 Stat. 102. July 9, 1952, ch. 608, §101(d) (less 2d sentence), (e), (g), §702 (for definition purposes), 66 Stat. 481, 482, 501. |
101(8) 101(9) 101(10) 101(11) |
10:600(a); 34:135(a). [No source]. 32:2 (for definition purposes); 32:4b (for definition purposes). 50:1112(a) (for definition purposes). |
July 26, 1947, ch. 343, §§205(c) (for definition purposes), 206(a) (for definition purposes), 207(c) (for definition purposes), 61 Stat. 501, 502. |
101(12) 101(13) 101(14) |
10:1835 (less last 16 words, for definition purposes); 32:2 (for definition purposes); 32:4b (for definition purposes). 50:1112(b) (for definition purposes). 5:181–3(b) (less last sentence); 10:1a(b) (less last sentence); 10:1801(b) (less last sentence); 37:231(c) (1st sentence, for definition purposes); 50:901(g). |
July 26, 1947, ch. 343, §201(b) (last 31 words of clause (1), for definition purposes); restated Aug. 10, 1949, ch. 412, §4 (last 31 words of clause (1) of 201(b), for definition purposes), 63 Stat. 579. June 3, 1916, ch. 134, §62 (1st 36 words of last proviso), 39 Stat. 198. June 3, 1916, ch. 134, §117 (for definition purposes), 39 Stat. 212. |
101(15) | [No source]. | |
101(16) 101(17) 101(18) 101(19) 101(20) 101(21) 101(22) |
10:600(b); 34:135(b). 5:181–3(b) (last sentence); 10:1a(b) (last sentence); 10:1801(b) (last sentence); 50:551(9). [No source]. [No source]. [No source]. [No source]. 10:1036e(d) (for definition purposes); 34: 440m(d) (for definition purposes). |
June 3, 1916, ch. 134, §71 (for definition purposes); added June 15, 1933, ch. 87, §9 (for definition purposes), 48 Stat. 157; Oct. 12, 1949, ch. 681, §530 (for definition purposes), 63 Stat. 837; July 9, 1952, ch. 608, §803 (9th par., for definition purposes), 66 Stat. 505. |
101(23) 101(24) 101(26) 101(27) 101(28) |
[No source]. [No source]. [No source]. [No source]. [No source]. |
Sept. 19, 1951, ch. 407, §§2(b), 305 (less last 16 words, for definition purposes), 65 Stat. 326, 330. |
101(29) 101(30) 101(31) |
[No source]. [No source]. 50:901(d) (less 2d sentence). |
June 28, 1950, ch. 383, §2(b), 64 Stat. 263; July 9, 1952, ch. 608, §807(a), 66 Stat. 508. |
101(32) 101(33) 101(34) |
[No source]. [No source]. [No source]. |
Oct. 12, 1949, ch. 681, §102(c) (1st sentence, for definition purposes), 63 Stat. 804. |
May 5, 1950, ch. 169, §1 (Art. 1 (clause (9))), 64 Stat. 108. | ||
May 29, 1954, ch. 249, §2(a), (b), 68 Stat. 157. | ||
June 29, 1948, ch. 708, §306(d) (for definition purposes), 62 Stat. 1089. |
The definitions in clauses (3), (15), (18)–(21), (23)–(30), and (31)–(33) reflect the adoption of terminology which, though undefined in the source statutes restated in this title, represents the closest practicable approximation of the ways in which the terms defined have been most commonly used. A choice has been made where established uses conflict.
In clause (2), the definition of "Territory" in 32:4c is executed throughout this revised title by specific reference, where applicable, to the Territories, Puerto Rico and the Canal Zone.
In clause (4), the definition of "armed forces" is based on the source statute instead of 50:551(2), which does not include an express reference to the Marine Corps. The words "including all components thereof" are omitted as surplusage.
In clause (5), the term "Department" is defined to give it the broad sense of "Establishment", to conform to the source statute and the usage preferred by the Department of Defense, instead of the more limited sense defined by 5:421g(a) and 423a(a), and 10:1a(d) and 1801(d).
In clause (6), the term "executive part of the department" is created for convenience in referring to what is described in the source statutes for this title as "department" in the limited sense of the executive part at the seat of government. This is required by the adoption of the word "department" in clause (5) to cover the broader concept of "establishment".
In clause (8), the term "Secretary concerned" is created and defined for legislative convenience.
In clause (9), a definition of "National Guard" is inserted for clarity.
In clause (10)(A), the words "a land force" are substituted for 32:2 (as applicable to Army National Guard). The National Defense Act of 1916, §117 (last 66 words), 39 Stat. 212, is not contained in 32:2. It is also omitted from the revised section as repealed by the Act of February 28, 1925, ch. 374, §3, 43 Stat. 1081.
In clauses (10) and (11), the word "Army" is inserted to distinguish the organizations defined from their Air Force counterparts.
In clauses (10) and (12), the words "unless the context or subject matter otherwise requires" and "as provided in this title", in 32:4b, are omitted as surplusage.
In clauses (10)(B) and (12)(B), the words "has its officers appointed" are substituted for the word "officered", in 32:4b.
In clauses (11) and (13), only that much of the description of the composition of the Army National Guard of the United States and the Air National Guard of the United States is used as is necessary to distinguish these reserve components, respectively, from the other reserve components.
In clause (12)(A), the words "an air force" are substituted for the words "for which Federal responsibility has been vested in the Secretary of the Air Force or the Department of the Air Force pursuant to law", in 10:1835, and for 32:2 (as applicable to Air National Guard), to make the definition of "Air National Guard" parallel with the definition of "Army National Guard", and to make explicit the intent of Congress, in creating the Air National Guard, that the organized militia henceforth should consist of three mutually exhaustive classes comprising the Army, Air, and Naval militia.
In clause (14), the definition of "officer" is based on the source statutes instead of 50:551(5), which excludes warrant officers. The reference to appointment in 10:1a(b) (2d sentence and 10:1801(b) (2d sentence), and the words "commissioned warrant officer", "flight officer", and "either permanent or temporary", in 37:231(c) (1st sentence), are omitted as surplusage. 5:181–3(b) (1st sentence), 10:1a(b) (1st sentence), and 10:1801(b) (1st sentence) are omitted as covered by the definitions in clauses (14) and (16) of the revised section and by section 3062(c) and section 8062(d) of this title.
In clause (16), the words "unless otherwise qualified", "permanent or temporary", and "in the Army, Navy, Air Force, Marine Corps, or Coast Guard, including any component thereof" are omitted as surplusage. The word "person" is substituted for the word "officer".
In clause (22), the definition of "active duty" is based on the definition of "active Federal service" in the source statute, since it is believed to be closer to general usage than the definition in 50:901(b), which excludes active duty for training from the general concept of active duty.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101(25) | 50:1181(6). | Sept. 3, 1954, ch. 1257, §102(6), 68 Stat. 1150. |
The words ", other than a commissioned warrant officer," are inserted to reflect 50:1181(1).
[Clause (35).] The word "original" is defined to make clear that when used in relation to an appointment it refers to the member's first appointment in his current series of appointments and excludes any appointment made before a lapse in service.
References in Text
Section 125(d) of this title, referred to in subsec. (a)(12)(A), was repealed by Pub. L. 99–433, title III, §301(b)(1), Oct. 1, 1986, 100 Stat. 1022.
Section 712 of title 14, referred to in subsec. (a)(13)(B), was redesignated section 3713 of title 14 by Pub. L. 115–282, title I, §118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 712 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (a)(17)(B), is part A of title XXIX of div. B of Pub. L. 101–510, Nov. 5, 1990, 104 Stat. 1808, as amended, which is set out as a note under section 2687 of this title. For complete classification of this Act to the Code, see Tables.
The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (a)(17)(C), is Pub. L. 100–526, Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of the Act is set out as a note under section 2687 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 2687 of this title and Tables.
The Atomic Energy Act of 1954, referred to in subsec. (e)(4)(C)(iii), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, which is classified principally to chapter 23 (§2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.
Codification
Pub. L. 107–296, §1704(b)(1), which directed amendment of section 101(9) of this title by substituting of "of Homeland Security" for "of Transportation" wherever appearing, could not be executed because there is no section 101(9).
Amendments
2018—Subsec. (a)(13)(B). Pub. L. 115–232, §1204(a)(3), substituted "chapter 13" for "chapter 15".
Subsec. (e)(6). Pub. L. 115–232, §312(f), struck out "task critical assets and other" before "mission essential operations".
Subsec. (e)(8). Pub. L. 115–232, §2805(e), added par. (8).
2017—Subsec. (e)(6), (7). Pub. L. 115–91 added pars. (6) and (7).
2016—Subsec. (d)(6)(B)(v). Pub. L. 114–328 substituted "(50 U.S.C. 3809(b)(2))" for "(50 U.S.C. App. 460(b)(2))".
2013—Subsec. (a)(13)(B). Pub. L. 112–239 inserted "section 712 of title 14," after "chapter 15 of this title,".
2011—Subsec. (a)(13)(B). Pub. L. 112–81 inserted "12304a," after "12304,".
Subsec. (a)(18). Pub. L. 111–383 added par. (18).
2006—Subsec. (a)(2). Pub. L. 109–163, §1057(a)(1), struck out par. (2) which read as follows: "The term 'Territory' (except as provided in section 101(1) of title 32 for laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States) means any Territory organized after August 10, 1956, so long as it remains a Territory."
Subsec. (a)(3). Pub. L. 109–163, §1057(a)(2), struck out "Territory or" before "Commonwealth".
Subsec. (b)(16). Pub. L. 109–364, §524(1), added par. (16).
Subsec. (d)(6)(A). Pub. L. 109–364, §524(2), struck out "or full-time National Guard duty" after "means active duty" and substituted "pursuant to an order to full-time National Guard duty," for ", pursuant to an order to active duty or full-time National Guard duty".
Subsec. (e)(4)(B)(ii). Pub. L. 109–163, §1056(c)(1), struck out comma after "bulk explosives".
2004—Subsec. (e)(3). Pub. L. 108–375 substituted "Secretary of a military department" for "Secretary of Defense" in introductory provisions.
2003—Subsec. (a)(9)(D). Pub. L. 108–136, §1045(a)(2), substituted "Homeland Security" for "Transportation".
Subsec. (a)(16), (17). Pub. L. 108–136, §1043(a), added pars. (16) and (17).
Subsecs. (e) to (g). Pub. L. 108–136, §1042(a), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
1996—Subsec. (d)(4). Pub. L. 104–201 substituted "a member of a reserve component" for "a reserve commissioned officer, other than a commissioned warrant officer,".
Subsec. (d)(6)(B)(i). Pub. L. 104–160 substituted "section 10301" for "section 175".
1994—Subsec. (a)(13)(B). Pub. L. 103–337, §1671(c)(1), substituted "688, 12301(a), 12302, 12304, 12305, or 12406" for "672(a), 673, 673b, 673c, 688, 3500, or 8500".
Subsec. (c)(7). Pub. L. 103–337, §1621, added par. (7).
Subsec. (d)(6), (7). Pub. L. 103–337, §514, added par. (6) and redesignated former par. (6) as (7).
1992—Pub. L. 102–484 amended section generally, substituting subsecs. (a) to (f) for former pars. (1) to (47) which defined terms for purposes of this title.
1991—Par. (47). Pub. L. 102–190 added par. (47).
1990—Par. (46). Pub. L. 101–510 added par. (46).
1988—Pars. (3), (10), (12). Pub. L. 100–456 struck out "the Canal Zone," after "the Virgin Islands," in par. (3) and after "Puerto Rico," in pars. (10) and (12).
1987—Par. (1). Pub. L. 100–26, §7(k)(1)(A), inserted "The term" after par. designation.
Par. (2). Pub. L. 100–26, §7(1)(k)(B), inserted "the term" after "Air National Guard of the United States,".
Pub. L. 100–180, §1233(a)(2), amended directory language of Pub. L. 100–26, §7(k)(1)(C), by adding par. (2) to those pars. excepted from direction that initial letter of first word after open quotation marks in each par. be made lowercase rather than uppercase.
Pars. (3) to (7). Pub. L. 100–26, §7(k)(1)(A), (C), inserted "The term" after par. designation and struck out uppercase letter of first word after open quotation marks and substituted lowercase letter.
Pars. (8) to (13). Pub. L. 100–26, §7(k)(1)(A), inserted "The term" after par. designation.
Par. (14). Pub. L. 100–180, §1231(1), inserted "a" after "means".
Pub. L. 100–26, §7(k)(1)(A), (C), inserted "The term" after par. designation and struck out uppercase letter of first word after open quotation marks and substituted lowercase letter.
Pars. (15) to (19). Pub. L. 100–26, §7(k)(1)(A), (C), inserted "The term" after par. designation and struck out uppercase letter of first word after open quotation marks and substituted lowercase letter.
Par. (20). Pub. L. 100–180, §1231(20), substituted "The term 'rate" for " 'Rate" in second sentence.
Pub. L. 100–26, §7(k)(1)(A), (C), inserted "The term" after par. designation and struck out uppercase letter of first word after open quotation marks and substituted lowercase letter.
Pars. (21) to (43). Pub. L. 100–26, §7(k)(1)(A), (C), inserted "The term" after par. designation and struck out uppercase letter of first word after open quotation marks and substituted lowercase letter.
Pars. (44), (45). Pub. L. 100–26, §7(i)(1), (k)(1)(A), inserted "The term" after par. designation and substituted "October 1, 1986" for "the date of the enactment of the Goldwater-Nichols Department of Defense Reorganization Act of 1986".
1986—Par. (43). Pub. L. 99–348 added par. (43).
Pars. (44), (45). Pub. L. 99–433 added pars. (44) and (45).
1985—Par. (41). Pub. L. 99–145 substituted "rear admiral (lower half)" for "commodore".
1984—Par. (22). Pub. L. 98–525, §414(a)(1)(A), inserted "It does not include full-time National Guard duty."
Par. (24). Pub. L. 98–525, §414(a)(1)(B), inserted "or full-time National Guard duty".
Par. (42). Pub. L. 98–525, §414(a)(1)(C), added par. (42).
1981—Par. (41). Pub. L. 97–86 substituted "commodore" for "commodore admiral".
Pub. L. 97–22 inserted "or Coast Guard" after "Navy".
1980—Par. (22). Pub. L. 96–513, §501(2), struck out "duty on the active list," after "It includes".
Par. (36). Pub. L. 96–513, §115(a), struck out par. (36) which provided that "dependent", with respect to a female member of an armed force, did not include her husband, unless he was in fact dependent on her for his chief support, or her child, unless his father was dead or he was in fact dependent on her for his chief support.
Pars. (37) to (41). Pub. L. 96–513, §101, added pars. (37) to (41).
1972—Par. (2). Pub. L. 92–492 inserted "Except as provided in section 101(1) of title 32 for laws relating to the militia, the National Guard, the Army National Guard of the United States," before "Territory".
1968—Par. (8)(D). Pub. L. 90–623 substituted "Secretary of Transportation" for "Secretary of the Treasury".
Par. 36. Pub. L. 90–235 added par. (36).
1962—Par. (31)(A). Pub. L. 87–649 substituted "section 206 of title 37" for "section 301 of title 37".
1960—Par. (2). Pub. L. 80–624 struck out reference to Hawaii.
1959—Par. (2). Pub. L. 80–70 struck out reference to Alaska.
1958—Par. (25). Pub. L. 85–861, §1(1), added par. (25).
Par. (35). Pub. L. 85–861, §33(a)(1), added par. (35).
Effective Date of 2013 Amendment
Pub. L. 112–239, div. A, title VI, §681(d), Jan. 2, 2013, 126 Stat. 1795, provided that:
"(1)
"(2)
"(A) Section 5538 of title 5, United States Code, relating to nonreduction in pay.
"(B) Section 701 of title 10, United States Code, relating to the accumulation and retention of leave.
"(C) Section 12731 of title 10, United States Code, relating to age and service requirements for receipt of retired pay for non-regular service."
Effective Date of 2002 Amendment
Pub. L. 107–296, title XVII, §1704(g), Nov. 25, 2002, 116 Stat. 2316, provided that: "The amendments made by this section (other than subsection (f)) [see Tables for classification] shall take effect on the date of transfer of the Coast Guard to the Department [of Homeland Security]."
Effective Date of 1996 Amendment
Pub. L. 104–106, div. A, title XV, §1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
Effective Date of 1994 Amendment
Amendment by section 1671(c)(1) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1621 of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Effective Date of 1987 Amendment
Pub. L. 100–180, div. A, title XII, §1233(c)[(1)], Dec. 4, 1987, 101 Stat. 1161, provided that: "The amendments made by subsection (a) [amending this section, section 2432 of this title, and section 406b of Title 37, Pay and Allowances of the Uniformed Services] shall apply as if included in the enactment of the Defense Technical Corrections Act of 1987 (Public Law 100–26)."
Effective Date of 1981 Amendment
Pub. L. 97–86, title IV, §405(f), Dec. 1, 1981, 95 Stat. 1106, provided that: "The amendments made by this section [amending this section, sections 525, 601, 611, 612, 619, 625, 634, 635, 637, 638, 645, 741, 5138, 5149, 5155, 5442, 5444, 5457, 5501, and 6389 of this title, section 201 of Title 37, Pay and Allowances of the Uniformed Services, and a provision set out as a note under section 611 of this title] shall take effect as of September 15, 1981."
Effective Date of 1980 Amendment
Pub. L. 96–513, title VII, §701, Dec. 12, 1980, 94 Stat. 2955, provided that:
"(a) Except as provided in subsection (b), this Act and the amendments made by this Act [see Tables for classification] shall take effect on September 15, 1981.
"(b)(1) The authority to prescribe regulations under the amendments made by titles I through IV and under the provisions of title VI shall take effect on the date of the enactment of this Act [Dec. 12, 1980].
"(2) The amendment made by section 415 [enacting section 302(h) of Title 37, Pay and Allowances of the Uniformed Services] shall take effect as of July 1, 1980.
"(3) The amendments made by part B of title V shall take effect on the date of the enactment of this Act [Dec. 12, 1980].
"(4) Part D of title VI shall take effect on the date of the enactment of this Act [Dec. 12, 1980]."
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Inconsistent Provisions note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
Effective Date of 1958 Amendment
Pub. L. 85–861, §33(g), Sept. 2, 1958, 72 Stat. 1568, provided that: "This section [see Tables for classification] is effective as of August 10, 1956, for all purposes."
Short Title of 2018 Amendment
Pub. L. 115–232, div. A, title VI, §621(a), Aug. 13, 2018, 132 Stat. 1798, provided that: "This section [enacting section 1065 of this title and provisions set out as a note under section 1065 of this title] may be cited as the 'Purple Heart and Disabled Veterans Equal Access Act of 2018'."
Short Title of 2016 Amendment
Pub. L. 114–328, div. E, §5001, Dec. 23, 2016, 130 Stat. 2894, provided that: "This division [div. E (§§5001–5542) of Pub. L. 114–328, see Tables for classification] may be cited as the 'Military Justice Act of 2016'."
Short Title of 2009 Amendment
Pub. L. 111–23, §1(a), May 22, 2009, 123 Stat. 1704, provided that: "This Act [enacting sections 139c, 139d, 2334, and 2433a of this title, amending sections 139a, 181, 2306b, 2366a, 2366b, 2430, 2433, 2434, 2445c, 2501, and 2505 of this title and section 5315 of Title 5, Government Organization and Employees, enacting provisions set out as notes under sections 139a, 139c, 181, 2302, 2366a, 2366b, 2430, and 2433a of this title, and amending provisions set out as a note under section 2304 of this title] may be cited as the 'Weapon Systems Acquisition Reform Act of 2009'."
Short Title of 2008 Amendment
Pub. L. 110–317, §1(a), Aug. 29, 2008, 122 Stat. 3526, provided that: "This Act [amending sections 1145, 1146, and 1174 of this title, sections 2108 and 8521 of Title 5, Government Organization and Employees, section 685 of Title 26, Internal Revenue Code, section 303a of Title 37, Pay and Allowances of the Uniformed Services, and sections 3011, 3012, 3702, and 4211 of Title 38, Veterans' Benefits, and enacting provisions set out as notes under section 2108 of Title 5 and section 685 of Title 26] may be cited as the 'Hubbard Act'."
Pub. L. 110–181, div. A, title VIII, §800, Jan. 28, 2008, 122 Stat. 202, provided that: "This title [see Tables for classification] may be cited as the 'Acquisition Improvement and Accountability Act of 2007'."
Pub. L. 110–181, div. A, title XVIII, §1801, Jan. 28, 2008, 122 Stat. 496, provided that: "This title [enacting section 10508 of this title, amending sections 113, 164, 526, 10501 to 10503, 10541, 14508, 14511, and 14512 of this title, and enacting provisions set out as notes under sections 113 and 164 of this title and section 104 of Title 32, National Guard] may be cited as the 'National Guard Empowerment Act of 2007'."
Short Title of 2005 Amendment
Pub. L. 109–148, div. A, title VIII, §8126(a), Dec. 30, 2005, 119 Stat. 2728, which provided that this Act, probably meaning section 8126 of div. A of Pub. L. 109–148, which amended section 2554 of this title and section 5309 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under section 2554 of this title and section 301 of Title 5, Government Organization and Employees, could be cited as the "Support Our Scouts Act of 2005", was repealed by Pub. L. 109–364, div. A, title X, §1071(f)(3), Oct. 17, 2006, 120 Stat. 2402.
Short Title of 1999 Amendment
Pub. L. 106–38, §1, July 22, 1999, 113 Stat. 205, provided that: "This Act [enacting provisions set out as notes under section 2431 of this title and section 5901 of Title 22, Foreign Relations and Intercourse] may be cited as the 'National Missile Defense Act of 1999'."
Short Title of 1991 Amendment
Pub. L. 102–25, §1, Apr. 6, 1991, 105 Stat. 75, provided that: "This Act [see Tables for classification] may be cited as the 'Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991'."
Short Title of 1987 Amendment
Pub. L. 100–26, §1, Apr. 21, 1987, 101 Stat. 273, provided that: "This Act [see Tables for classification] may be cited as the 'Defense Technical Corrections Act of 1987'."
Short Title of 1981 Amendment
Pub. L. 97–22, §1(a), July 10, 1981, 95 Stat. 124, provided that: "this Act [see Tables for classification] may be cited as the 'Defense Officer Personnel Management Act Technical Corrections Act'."
Short Title of 1980 Amendment
Pub. L. 96–513, §1(a), Dec. 12, 1980, 94 Stat. 2835, provided that: "This Act [see Tables for classification] may be cited as the 'Defense Officer Personnel Management Act'."
Savings Provision
Pub. L. 96–513, title VII, §703, Dec. 12, 1980, 94 Stat. 2956, provided that: "Except as otherwise provided in this Act, the provisions of this Act and the amendments made by this Act [see Tables for classification] do not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act [see Effective Date of 1980 Amendment note above]."
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Laws in Suspended Status Prior to 1980 Amendment by Pub. L. 96–513
Pub. L. 96–513, title VII, §702, Dec. 12, 1980, 94 Stat. 2955, provided that: "If a provision of law that is in a suspended status on the day before the effective date of this Act [see Effective Date of 1980 Amendment note above] is amended by this Act [see Tables for classification], the suspended status of that provision is not affected by that amendment."
National Oceanic and Atmospheric Administration
Authority vested by this title in "military departments", "the Secretary concerned", or "the Secretary of Defense" to be exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or Secretary's designee, see section 3071 of Title 33, Navigation and Navigable Waters.
Public Health Service
Authority vested by this title in "military departments", "the Secretary concerned", or "the Secretary of Defense" to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see section 213a of Title 42, The Public Health and Welfare.
Coordination of Certain Sections of an Act With Other Provisions of That Act
Pub. L. 115–232, div. A, title X, §1081(g), Aug. 13, 2018, 132 Stat. 1987, provided that: "For purposes of applying amendments made by provisions of this Act other than this section [see Tables for classification], the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act."
Similar provisions were contained in the following prior acts:
Pub. L. 115–91, div. A, title X, §1081(j), Dec. 12, 2017, 131 Stat. 1601.
Pub. L. 114–328, div. A, title X, §1081(d), Dec. 23, 2016, 130 Stat. 2420.
Pub. L. 114–92, div. A, title X, §1081(e), Nov. 25, 2015, 129 Stat. 1002.
Pub. L. 113–291, div. A, title X, §1071(k), Dec. 19, 2014, 128 Stat. 3512.
Pub. L. 113–66, div. A, title X, §1091(f), Dec. 26, 2013, 127 Stat. 877.
Pub. L. 112–239, div. A, title X, §1076(m), Jan. 2, 2013, 126 Stat. 1956.
Pub. L. 109–364, div. A, title X, §1071(i), Oct. 17, 2006, 120 Stat. 2403.
Pub. L. 107–107, div. A, title X, §1048(j), Dec. 28, 2001, 115 Stat. 1230.
Pub. L. 106–398, §1 [[div. A], title X, §1087(h)], Oct. 30, 2000, 114 Stat. 1654, 1654A-294.
Pub. L. 106–65, div. A, title X, §1066(e), Oct. 5, 1999, 113 Stat. 773.
Pub. L. 105–261, div. A, title X, §1069(e), Oct. 17, 1998, 112 Stat. 2137.
Pub. L. 105–85, div. A, title X, §1073(i), Nov. 18, 1997, 111 Stat. 1907.
Pub. L. 104–201, div. A, title X, §1074(e), Sept. 23, 1996, 110 Stat. 2661.
Pub. L. 104–106, div. A, title XV, §1506, Feb. 10, 1996, 110 Stat. 515.
Pub. L. 103–337, div. A, title X, §1070(h), Oct. 5, 1994, 108 Stat. 2859.
Pub. L. 103–160, div. A, title XI, §1182(h), Nov. 30, 1993, 107 Stat. 1774.
Pub. L. 102–484, div. A, title X, §1055, Oct. 23, 1992, 106 Stat. 2503.
Congressional Defense Committees Defined
The following provisions provided that the term "congressional defense committees" for purposes of the Acts in which they were contained has the meaning given that term in subsec. (a)(16) of this section:
Pub. L. 115–232, §3, Aug. 13, 2018, 132 Stat. 1658.
Pub. L. 115–91, §3, Dec. 12, 2017, 131 Stat. 1305.
Pub. L. 114–328, §3, Dec. 23, 2016, 130 Stat. 2025.
Pub. L. 114–92, §3, Nov. 25, 2015, 129 Stat. 745.
Pub. L. 113–291, §3, Dec. 19, 2014, 128 Stat. 3312.
Pub. L. 113–66, §3, Dec. 26, 2013, 127 Stat. 689.
Pub. L. 112–239, §3, Jan. 2, 2013, 126 Stat. 1652.
Pub. L. 112–81, §3, Dec. 31, 2011, 125 Stat. 1316.
Pub. L. 111–383, §3, Jan. 7, 2011, 124 Stat. 4151.
Pub. L. 111–84, §3, Oct. 28, 2009, 123 Stat. 2208.
Pub. L. 110–417, §3, Oct. 14, 2008, 122 Stat. 4372.
Pub. L. 110–181, §3, Jan. 28, 2007, 122 Stat. 23.
Pub. L. 109–364, §3, Oct. 17, 2006, 120 Stat. 2100.
Pub. L. 109–163, §3, Jan. 6, 2006, 119 Stat. 3152.
Pub. L. 108–375, §3, Oct. 28, 2004, 118 Stat. 1825.
Pub. L. 109–148, div. A, title VIII, §8028, Dec. 30, 2005, 119 Stat. 2704, provided that for purposes of Pub. L. 109–148 the term "congressional defense committees" means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives and, for any matter pertaining to basic allowance for housing, facilities sustainment, restoration and modernization, environmental restoration and the Defense Health Program, "congressional defense committees" also means the Subcommittee on Military Quality of Life and Veterans Affairs, and Related Agencies [subcommittee jurisdiction now in Subcommittee on Military Construction, Veterans Affairs, and Related Agencies and Subcommittee on Defense] of the Committee on Appropriations of the House of Representatives.
The following provisions defined the term "congressional defense committees" for purposes of the Acts in which they were contained to mean the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives:
Pub. L. 111–118, div. A, title VIII, §8028, Dec. 19, 2009, 123 Stat. 3434.
Pub. L. 110–329, div. C, title VIII, §8028, Sept. 30, 2008, 122 Stat. 3627 (definition applies to div. C only).
Pub. L. 110–116, div. A, title VIII, §8027, Nov. 13, 2007, 121 Stat. 1320.
Pub. L. 109–289, div. A, title VIII, §8025, Sept. 29, 2006, 120 Stat. 1279.
Pub. L. 108–287, title VIII, §8030, Aug. 5, 2004, 118 Stat. 977.
Pub. L. 108–87, title VIII, §8031, Sept. 30, 2003, 117 Stat. 1079.
Pub. L. 107–248, title VIII, §8031, Oct. 23, 2002, 116 Stat. 1543.
Pub. L. 107–117, div. A, title VIII, §8034, Jan. 10, 2002, 115 Stat. 2255.
Pub. L. 106–259, title VIII, §8034, Aug. 9, 2000, 114 Stat. 682.
Pub. L. 106–79, title VIII, §8036, Oct. 25, 1999, 113 Stat. 1239.
The following provisions defined the term "congressional defense committees" for purposes of the Acts in which they were contained to mean the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives:
Pub. L. 108–136, §3, Nov. 24, 2003, 117 Stat. 1406.
Pub. L. 107–314, §3, Dec. 2, 2002, 116 Stat. 2471.
Pub. L. 107–107, §3, Dec. 28, 2001, 115 Stat. 1027.
Pub. L. 106–398, §1 [§3], Oct. 30, 2000, 114 Stat. 1654, 1654A-19.
Pub. L. 106–65, §3, Oct. 5, 1999, 113 Stat. 529.
Pub. L. 103–337, §3, Oct. 5, 1994, 108 Stat. 2678.
Pub. L. 103–160, §3, Nov. 30, 1993, 107 Stat. 1562.
Pub. L. 102–484, §3, Oct. 23, 1992, 106 Stat. 2331.
Pub. L. 102–190, §3, Dec. 5, 1991, 105 Stat. 1301.
Pub. L. 102–25, §3(4), Apr. 6, 1991, 105 Stat. 77.
Pub. L. 101–510, §3, Nov. 5, 1990, 104 Stat. 1498.
Pub. L. 101–189, §4, Nov. 29, 1989, 103 Stat. 1364.
The following provisions defined the term "congressional defense committees" for purposes of the Acts in which they were contained to mean the National Security Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on National Security of the Committee on Appropriations of the House of Representatives:
Pub. L. 105–262, title VIII, §8036, Oct. 17, 1998, 112 Stat. 2305.
Pub. L. 105–56, title VIII, §8038, Oct. 8, 1997, 111 Stat. 1229.
Pub. L. 104–208, div. A, title I, §101(b) [title VIII, §8040], Sept. 30, 1996, 110 Stat. 3009–71, 3009-97.
Pub. L. 104–61, title VIII, §8049, Dec. 1, 1995, 109 Stat. 661.
The following provisions defined the term "congressional defense committees" for purposes of the Acts in which they were contained to mean the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives:
Pub. L. 105–261, §3, Oct. 17, 1998, 112 Stat. 1935.
Pub. L. 105–85, §3, Nov. 18, 1997, 111 Stat. 1645.
Pub. L. 104–201, §3, Sept. 23, 1996, 110 Stat. 2439.
Pub. L. 104–106, §3, Feb. 10, 1996, 110 Stat. 204.
The following provisions defined the term "congressional defense committees" for purposes of the Acts in which they were contained to mean the Committees on Armed Services, the Committees on Appropriations, and the subcommittees on Defense of the Committee on Appropriations, of the Senate and the House of Representatives:
Pub. L. 103–335, title VIII, §8056, Sept. 30, 1994, 108 Stat. 2631.
Pub. L. 103–139, title VIII, §8067, Nov. 11, 1993, 107 Stat. 1455.
Pub. L. 102–172, title VIII, §8116, Nov. 26, 1991, 105 Stat. 1203.
Definitions for Purposes of Pub. L. 102–25
Pub. L. 102–25, §3, Apr. 6, 1991, 105 Stat. 77, as amended by Pub. L. 102–190, div. A, title XII, §1203(a), Dec. 5, 1991, 105 Stat. 1508, provided that: "For the purposes of this Act [see Short Title of 1991 Amendment note above]:
"(1) The term 'Operation Desert Storm' means operations of United States Armed Forces conducted as a consequence of the invasion of Kuwait by Iraq (including operations known as Operation Desert Shield, Operation Desert Storm, and Operation Provide Comfort).
"(2) The term 'incremental costs associated with Operation Desert Storm' means costs referred to in [former] section 251(b)(2)(D)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([former] 2 U.S.C. 901(b)(2)(D)(ii)).
"(3) The term 'Persian Gulf conflict' means the period beginning on August 2, 1990, and ending thereafter on the date prescribed by Presidential proclamation or by law.
"(4) The term 'congressional defense committees' has the meaning given that term in section 3 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1498)."
1 See References in Text note below.
CHAPTER 2—DEPARTMENT OF DEFENSE
Amendments
2018—Pub. L. 115–232, div. A, title III, §331(g)(2), Aug. 13, 2018, 132 Stat. 1724, struck out ": establishment; reporting to congressional committees" after "system" in item 117.
2016—Pub. L. 114–328, div. A, title IX, §941(b)(2), title X, §1062(b), title XI, §1102(b), Dec. 23, 2016, 130 Stat. 2367, 2408, 2444, added item 119a and struck out items 115b "Biennial strategic workforce plan" and 118 "Defense strategy review".
2015—Pub. L. 114–92, div. A, title X, §1081(b)(3), Nov. 25, 2015, 129 Stat. 1001, amended directory language of Pub. L. 113–291, §1072(a)(2). See 2014 Amendment note below.
2014—Pub. L. 113–291, div. A, title X, §1072(b)(2), Dec. 19, 2014, 128 Stat. 3517, struck out item 118b "Quadrennial roles and missions review".
Pub. L. 113–291, div. A, title X, §1072(a)(2), Dec. 19, 2014, 128 Stat. 3516, as amended by Pub. L. 114–92, div. A, title X, §1081(b)(3), Nov. 25, 2015, 129 Stat. 1001, substituted "Defense Strategy Review" for "Quadrennial defense review" in item 118.
2011—Pub. L. 112–81, div. A, title IX, §935(a)(2), Dec. 31, 2011, 125 Stat. 1545, substituted "Biennial strategic workforce plan" for "Annual strategic workforce plan" in item 115b.
2009—Pub. L. 111–84, div. A, title XI, §§1108(a)(2), 1109(b)(2)(B)(ii), Oct. 28, 2009, 123 Stat. 2491, 2493, amended item 115a generally, substituting "Annual defense manpower requirements report" for "Annual manpower requirements report", and added item 115b.
2008—Pub. L. 110–417, [div. A], title X, §1061(a)(1), Oct. 14, 2008, 122 Stat. 4612, added item 118b.
2002—Pub. L. 107–314, div. A, title V, §581(a)(2), title X, §1061(b), Dec. 2, 2002, 116 Stat. 2561, 2649, added items 113a and 118a.
1999—Pub. L. 106–65, div. A, title IX, §901(a)(2), Oct. 5, 1999, 113 Stat. 717, added item 118.
1998—Pub. L. 105–261, div. A, title III, §373(a)(2), Oct. 17, 1998, 112 Stat. 1992, added item 117.
1994—Pub. L. 103–337, div. A, title XVI, §1671(b)(1), Oct. 5, 1994, 108 Stat. 3013, struck out item 115b "Annual report on National Guard and reserve component equipment".
1992—Pub. L. 102–484, div. A, title X, §1002(d)(1), Oct. 23, 1992, 106 Stat. 2480, struck out item 114a "Multiyear Defense Program: submission to Congress; consistency in budgeting".
1990—Pub. L. 101–510, div. A, title XIV, §1402(a)(3)(B), Nov. 5, 1990, 104 Stat. 1674, which directed amendment of item 114a by substituting "Multiyear" for "Five-year", was executed by substituting "Multiyear" for "Five-Year" as the probable intent of Congress.
Pub. L. 101–510, div. A, title XIII, §1331(1), title XIV, §1483(c)(1), Nov. 5, 1990, 104 Stat. 1673, 1715, substituted "Personnel strengths: requirement for annual authorization" for "Annual authorization of personnel strengths; annual manpower requirements report" in item 115, added items 115a and 115b, and struck out items 117 "Annual report on North Atlantic Treaty Organization readiness" and 118 "Sale or transfer of defense articles: reports to Congress".
1989—Pub. L. 101–189, div. A, title XVI, §1602(a)(2), Nov. 29, 1989, 103 Stat. 1597, added item 114a.
1987—Pub. L. 100–180, div. A, title XI, §1132(a)(2), Dec. 4, 1987, 101 Stat. 1152, added item 119.
1986—Pub. L. 99–433, title I, §101(a)(1), Oct. 1, 1986, 100 Stat. 994, added chapter heading and analysis of sections for chapter 2, consisting of items 111 to 118.
§111. Executive department
(a) The Department of Defense is an executive department of the United States.
(b) The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
(c) If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
(Added Pub. L. 87–651, title II, §202, Sept. 7, 1962, 76 Stat. 517, §131; renumbered §111 and amended Pub. L. 99–433, title I, §101(a)(2), (b), Oct. 1, 1986, 100 Stat. 994, 995.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
131 | 5:171(a) (less last 10 words), (b). | July 26, 1947, ch. 343, §201(a) (less last 10 words), (b); restated Aug. 10, 1949, ch. 412, §4 (1st (less last 10 words) and 2d pars.), 63 Stat. 579. |
The words "There is established", in 5 U.S.C. 171(a), are omitted as executed. 5 U.S.C. 171(b) (1st 26 words) is omitted as covered by the definitions of "department" and "military departments" in section 101(5) and (7), respectively, of this title. 5 U.S.C. 171(b) (27th through 49th words) is omitted as executed. 5 U.S.C. 171(b) (last 18 words) is omitted as surplusage.
Amendments
1986—Pub. L. 99–433 renumbered section 131 of this title as this section, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).
Change of Name
Pub. L. 104–106, div. A, title IX, §908, Feb. 10, 1996, 110 Stat. 406, provided that:
"(a)
"(b)
Short Title of 1986 Amendment
Pub. L. 99–433, §1(a), Oct. 1, 1986, 100 Stat. 992, provided that: "This Act [see Tables for classification] may be cited as the 'Goldwater-Nichols Department of Defense Reorganization Act of 1986'."
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Department of Defense, including the functions of the Secretary of Defense relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(2), 183(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Missions and functions of elements of Department of Defense as specified in classified annex to Pub. L. 104–201, and related personnel, assets, and balances of appropriations and authorizations of appropriations, transferred to National Imagery and Mapping Agency, see sections 1111 and 1113 of Pub. L. 104–201, set out as notes under section 441 of this title.
Exemption to Report Termination Requirements
Pub. L. 115–91, div. A, title VIII, §811(d)(2), Dec. 12, 2017, 131 Stat. 1460, provided that: "Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply to the report required to be submitted to Congress under section 2313a of title 10, United States Code."
Organizational Strategy for the Department of Defense
Pub. L. 115–232, div. A, title IX, §918, Aug. 13, 2018, 132 Stat. 1925, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
Pub. L. 114–328, div. A, title IX, §911, Dec. 23, 2016, 130 Stat. 2345, provided that:
"(a)
"(1)
"(A) identifies the critical objectives and other organizational outputs for the Department that span multiple functional boundaries and would benefit from the use of cross-functional teams under this section to ensure collaboration and integration across organizations within the Department;
"(B) improves the manner in which the Department integrates the expertise and capacities of the functional components of the Department for effective and efficient achievement of such objectives and outputs;
"(C) improves the management of relationships and processes involving the Office of the Secretary of Defense, the Joint Staff, the combatant commands, the military departments, and the Defense Agencies with regard to such objectives and outputs;
"(D) improves the ability of the Department to work effectively in interagency processes with regard to such objectives and outputs in order to better serve the President; and
"(E) achieves an organizational structure that enhances performance with regard to such objectives and outputs.
"(2)
"(A) The appropriate use of cross-functional teams to manage critical objectives and outputs of the Department described in paragraph (1)(A).
"(B) The furtherance and advancement of a collaborative, team-oriented, results-driven, and innovative culture within the Department that fosters an open debate of ideas and alternative courses of action, and supports cross-functional teaming and integration.
"(b)
"(1)
"(A) Lessons learned, as reflected in academic literature, business and management school case studies, and the work of leading management consultant firms, on the successful and failed application of cross-functional teams in the private sector and government, and on the cultural factors necessary to support effective cross-functional teams.
"(B) The historical and current use by the Department of cross-functional working groups, integrated process teams, councils, and committees, and the reasons why such entities have or have not achieved high levels of teamwork or effectiveness.
"(2)
"(3)
"(c)
"(1)
"(2)
"(A) to provide for effective collaboration and integration across organizational and functional boundaries in the Department of Defense;
"(B) to develop, at the direction of the Secretary, recommendations for comprehensive and fully integrated policies, strategies, plans, and resourcing decisions;
"(C) to make decisions on cross-functional issues, to the extent authorized by the Secretary and within parameters established by the Secretary; and
"(D) to provide oversight for and, as directed by the Secretary, supervise the implementation of approved policies, strategies, plans, and resourcing decisions approved by the Secretary.
"(3)
"(A) addressing the role, authorities, reporting relationships, resourcing, manning, training, and operations of cross-functional teams established pursuant to this subsection;
"(B) delineating decision-making authority of such teams;
"(C) providing that the leaders of functional components of the Department that provide personnel to such teams respect and respond to team needs and activities; and
"(D) emphasizing that personnel selected for assignment to such teams shall faithfully represent the views and expertise of their functional components while contributing to the best of their ability to the success of the team concerned.
"(4)
"(5)
"(A) assign as leader of such team a senior qualified and experienced individual, who shall report directly to the Secretary regarding the activities of such team;
"(B) delegate to the team leader designated pursuant to subparagraph (A) authority to select members of such team from among civilian employees of the Department and members of the Armed Forces in any grade who are recommended for membership on such team by the head of a functional component of the Department within the Office of the Secretary of Defense, the Joint Staff, and the military departments, by the commander of a combatant command, or by the director of a Defense Agency;
"(C) provide the team leader with necessary full time support from team members, and the means to co-locate team members;
"(D) ensure that team members and all leaders in functional organizations that are in the supervisory chain for personnel serving on such team receive training in elements of successful cross-functional teams, including teamwork, collaboration, conflict resolution, and appropriately representing the views and expertise of their functional components; and
"(E) ensure that the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] are provided information on the progress and results of such team upon request.
"(6)
"(A)
"(B)
"(C)
"(7)
"(8)
"(d)
"(1) articulate the shared purposes, values, and principles for the operation of the Office of the Secretary of Defense that are required to promote a team-oriented, collaborative, results-driven culture within the Office to support the primary objectives of the Department of Defense;
"(2) ensure that collaboration across functional and organizational boundaries is an important factor in the performance review of leaders of cross-functional teams established pursuant to subsection (c), members of teams, and other appropriate leaders of the Department; and
"(3) identify key practices that senior leaders of the Department should follow with regard to leadership, organizational practice, collaboration, and the functioning of cross-functional teams, and the types of personnel behavior that senior leaders should encourage and discourage.
"(e)
"(f)
"(1)
"(2)
"(g)
"(1)
"(2)
Temporary Continuation of Certain Department of Defense Reporting Requirements
Pub. L. 114–328, div. A, title X, §1061, Dec. 23, 2016, 130 Stat. 2400, as amended by Pub. L. 115–91, div. A, title X, §§1051(u)–(w), 1081(d)(11), (12), Dec. 12, 2017, 131 Stat. 1566, 1567, 1600; Pub. L. 115–232, div. A, title III, §314(b)(2), title VIII, §813(i)(1), Aug. 13, 2018, 132 Stat. 1712, 1851, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) The submission of the reports on the National Military Strategy and Risk Assessment under section 153(b)(3) of title 10, United States Code.
"(B) The submission of the future-years defense program (including associated annexes) under section 221 of title 10, United States Code.
"(C) The submission of the future-years mission budget for the military programs of the Department of Defense under section 221 of such title.
"(D) The submission of audits of contracting compliance by the Inspector General of the Department of Defense under section 1601(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2533a note).
"(c)
"(1) Section 113(i).
"(2) Section 117(e).
"(3) [Section] 118a(d).
"(4) Section 119(a) and (b).
"(5) Section 127b(f).
"(6) Section 139(h).
"(7) [Former] Section 139b(d).
"(8) Sections [sic] 153(c).
"(9) Section 171a(e) and (g)(2).
"(10) Section 179(f).
"(11) Section 196(d)(1), (d)(4), and (e)(3).
"(12) Section 223a(a).
"(13) Section 225(c)[.]
"(14) Section 229.
"(15) Section 231.
"[(16) Repealed. Pub. L. 115–232, div. A, title VIII, §813(i)(1)(A), Aug. 13, 2018, 132 Stat. 1852.]
"(17) Section 238.
"(18) Section 341(f) of title 10, United States Code, as amended by section 1246 of this Act.
"(19) Section 401(d).
"(20) Section 407(d).
"(21) Section 481a(c).
"(22) Section 482(a).
"(23) Section 488(c).
"(24) Section 494(b).
"(25) Section 526(j).
"(26) Section 946(c) (Article 146 of the Uniform Code of Military Justice).
"(27) Section 981(c).
"(28) Section 1116(d).
"(29) Section 1566(c)(3).
"(30) Section 1557(e).
"(31) Section 1781a(e).
"(32) Section 1781c(h) [now 1781c(g)].
"(33) Section 2011(e) [now 322(e)].
"(34) Section 2166(i) [now 343(i)].
"(35) Section 2218(h).
"(36) Section 2228(e).
"(37) Section 2229(d).
"(38) Section 2229a.
"(39) Section 2249c(c) [now 345(c)].
"(40) Section 2275.
"[(41) Repealed. Pub. L. 115–232, div. A, title VIII, §813(i)(1)(A), Aug. 13, 2018, 132 Stat. 1852.]
"(42) Section 2367(d).
"(43) Section 2399(g).
"(44) Section 2445b.
"(45) Section 2464(d).
"(46) Section 2466(d).
"(47) Section 2504.
"(48) Section 2561(c).
"(49) Section 2684a(g).
"(50) Section 2687a.
"(51) Section 2711.
"(52) Sections [sic] 2884(b) and (c).
"(53) Section 2911(a) and (b)(3) [now 2911(c) and (d)(3)].
"(54) Section 2925.
"(55) Section 2926(e)(4).
"(56) Section 4361(d)(4)(B) [now 7461(d)(4)(B)].
"(57) Section 4721(e) [now 7271(e)].
"(58) Section 6980(d)(4)(B) [now 8480(d)(4)(B)].
"(59) Section 7310(c) [now 8680(c)].
"(60) Section 9361(d)(4)(B) [now 9461(d)(4)(B)].
"(61) Section 10216(c).
"(62) Section 10541.
"(63) Section 10543.
"(64) Section 10504(b).
"(65) Section 235.
"(66) Section 115a.
"(67) Section 2193b(g).
"(d)
"(1) Section 546(d) [now 546(e)] (10 U.S.C. 1561 note).
"(2) Section 1003[A] (10 U.S.C. 221 note).
"[(3) Repealed. Pub. L. 115–232, div. A, title VIII, §813(i)(1)(B), Aug. 13, 2018, 132 Stat. 1852.]
"(4) Section 1055 (128 Stat. 3498).
"(5) Section 1204(b) (10 U.S.C. 2249e note) [now 10 U.S.C. 362 note].
"(6) Section 1205(e) (128 Stat. 3537).
"(7) Section 1206(e) (10 U.S.C. 2282 note).
"(8) Section 1211 (128 Stat. 3544).
"(9) Section 1225 (128 Stat. 3550).
"(10) Section 1235 (128 Stat. 3558).
"(11) Section 1245 (128 Stat. 3566).
"(12) Section 1253(b) (22 U.S.C. 2151 note).
"(13) Section 1275(b) (128 Stat. 3591).
"(14) Section 1343 (128 Stat. 3605; 50 U.S.C. 3743).
"(15) Section 1650 (128 Stat. 3653).
"(16) Section 1662(c)(2) and (d)(2) (128 Stat. 3657; [former] 10 U.S.C. 2431 note).
"(17) Section 2821(a)(3) (10 U.S.C. 2687 note).
"(18) Section 1209(d) (128 Stat. 3542).
"(e)
"(1) Section 704(e) (10 U.S.C. 1074 note).
"(2) Sections [sic] 713(f), (g), and (h) (10 U.S.C. 1071 note).
"(3) Section 904(d)(2) (10 U.S.C. 111 note).
"(4) [Former] Section 1205(f)(3) ([Former] 32 U.S.C. 107 note).
"(f)
"[(1) Repealed. Pub. L. 115–232, div. A, title VIII, §813(i)(1)(C), Aug. 13, 2018, 132 Stat. 1852.]
"(2) Section 904(h)(1) and (2) (10 U.S.C. 133 note) [now 10 U.S.C. 133a note].
"(3) Section 1009 (126 Stat. 1906).
"(4) Section 1023 (126 Stat. 1911).
"(5) Section 1052(b)(4) (126 Stat. 1936; 49 U.S.C. 40101 note) [now 49 U.S.C. 44802 note].
"(g)
"(1) Section 123 (10 U.S.C. 167 note).
"(2) Section 1216(c) (124 Stat. 4392).
"[(3) Repealed. Pub. L. 115–232, div. A, title VIII, §813(i)(1)(D), Aug. 13, 2018, 132 Stat. 1852.]
"(4) Section 1631(d) (10 U.S.C. 1561 note).
"(h)
"(1) Section 711(d) (10 U.S.C. 1071 note).
"(2) Section 1003(b) (10 U.S.C. 2222 note).
"[(3) Repealed. Pub. L. 115–232, div. A, title VIII, §813(i)(1)(E), Aug. 13, 2018, 132 Stat. 1852.]
"(4) Section 1245 (123 Stat. 2542) [10 U.S.C. 113 note].
"(5) Section 1806 (10 U.S.C. 948a note).
"(i)
"(1) Sections [sic] 1412(i) and (j) of the National Defense Authorization Act, 1986 [probably should be "Department of Defense Authorization Act, 1986"] (50 U.S.C. 1521), as amended by section 1421 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383).
"(2) Section 1703 of the National Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523).
"(3) Section 717(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1073 note).
"(4) Section 234 of the National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. 2367).
"(5) Section 1309(c) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 113 note).
"(6) Section 1237(b)(2) of the [Strom Thurmond] National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 note).
"(7) Section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note).
"(8) Section 232(h)(2) [probably should be "232(h)(3)"] of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; [former] 10 U.S.C. 2431 note).
"(9) Section 366(a)(5) and (c)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 113 note).
"(10) Section 1208(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086).
"(11) Section 1208(d) of the National Defense Authorization Act for [Fiscal Year] 2006 (Public Law 109–163; 119 Stat. 3459).
"(12) Section 1405(d) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 801 note).
"(13) Section 122(f)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104).
"(14) Section 721 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2294) [10 U.S.C. 1074 note].
"[(15) Repealed. Pub. L. 115–232, div. A, title VIII, §813(i)(1)(F), Aug. 13, 2018, 132 Stat. 1852.]
"(16) Section 1517(f) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2443).
"[(17) Repealed. Pub. L. 115–232, div. A, title VIII, §813(i)(1)(F), Aug. 13, 2018, 132 Stat. 1852.]
"(18) Section 1034(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 309) [10 U.S.C. 272 note].
"(19) Section 1107(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 358) [10 U.S.C. 2358 note].
"(20) Section 1233(f) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393).
"(21) Section 1234(e) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394).
"(22) Section 219(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note).
"(23) Section 533(i) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. prec. 701 note).
"[(24) Repealed. Pub. L. 115–232, div. A, title VIII, §813(i)(1)(F), Aug. 13, 2018, 132 Stat. 1852.]
"(25) Section 1201(b)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619).
"(26) Section 1236 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641).
"(27) Section 103A(b)(3) [probably should be "103a(b)(3)"] of the Sikes Act (16 U.S.C. 670c–1(b)(3)).
"(28) Section 1511(h) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(h)).
"(29) Section 901(f) [now 901(g)] of the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469; 32 U.S.C. 112 note), as added by section 1008 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239).
"(30) Section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5).
"(31) Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20308(b)), as added by section 586 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84).
"(32) Section 112(f) of title 32, United States Code.
"(33) Section 310b(i)(2) [probably should be "301b(i)(2)"] of title 37, United States Code.
"(34) Section 509(k) of title 32, United States Code.
"(35) Section 1022(c) of the National Defense Authorization Act for [Fiscal Year] 2004 (Public Law 108–136; 10 U.S.C. 371 note [probably should be "10 U.S.C. 271 note"]).
"(j) [Amended section 1080(a) of Pub. L. 114–92, set out below.]
"(k)
"(1) A list of all reports that are required to be submitted to Congress as of the date of the enactment of this Act [Dec. 23, 2016] that will no longer be required to be submitted to Congress as of November 25, 2017.
"(2) For each such report, a citation to the provision of law under which the report is or was required to be submitted."
[Pub. L. 115–91, div. A, title X, §1051(u)–(w), Dec. 12, 2017, 131 Stat. 1566, 1567, provided that the amendments made by section 1051(u)–(w) to section 1061 of Pub. L. 114–328, set out above, are effective as of Dec. 23, 2016, and as if included in section 1061 as enacted.]
Reduction in Amounts Available for Department of Defense Headquarters, Administrative, and Support Activities
Pub. L. 114–92, div. A, title III, §346(a), (b), Nov. 25, 2015, 129 Stat. 796, as amended by Pub. L. 115–91, div. A, title IX, §§922, 923, Dec. 12, 2017, 131 Stat. 1525, provided that:
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(b)
"(1)
"(2)
"(3)
"(A) Each of the following organizations:
"(i) The Office of the Secretary of Defense and the Joint Staff.
"(ii) The Office of the Secretary of the Army and the Army Staff.
"(iii) The Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, Marine Corps.
"(iv) The Office of the Secretary of the Air Force and the Air Staff.
"(v) The Office of the Chief, National Guard Bureau, and the National Guard Joint Staff.
"(B)(i) Except as provided in clause (ii), headquarters elements of each of the following:
"(I) The combatant commands, the sub-unified commands, and subordinate commands that directly report to such commands.
"(II) The major commands of the military departments and the subordinate commands that directly report to such commands.
"(III) The component commands of the military departments.
"(IV) The Defense Agencies, the Department of Defense field activities, and the Office of the Inspector General of the Department of Defense.
"(V) Department of Defense components that report directly to the organizations specified in subparagraph (A).
"(ii) Subordinate commands and direct-reporting components otherwise described in clause (i) that do not have significant functions other than operational, operational intelligence, or tactical functions, or training for operational, operational intelligence, or tactical functions, are not headquarters elements for purposes of this subsection.
"(4)
"(A) incorporate into such guidance the definition of the term 'major Department of Defense headquarters activities' as provided in paragraph (3);
"(B) ensure that the term 'headquarters element', as used in paragraph (3)(B), is consistently applied within such guidance to include—
"(i) senior leadership and staff functions of applicable commands and components; and
"(ii) direct support to senior leadership and staff functions of applicable commands and components and to higher headquarters;
"(C) ensure that the budget and accounting systems of the Department of Defense are modified to track funding for the major Department of Defense headquarters activities as separate funding lines; and
"(D) identify and address any deviation from the specific savings objective established for a headquarters activity in the modified plan issued by the Secretary pursuant to the requirement in paragraph (1).
"(5)
"(A)
"(i) the current manpower levels of major Department of Defense headquarters activities;
"(ii) the historic manpower levels of major Department of Defense headquarters activities;
"(iii) the mission requirements of major Department of Defense headquarters activities; and
"(iv) the anticipated staffing needs of major Department of Defense headquarters activities necessary to meet national defense objectives.
"(B)
"(6)
"(A) The validity of the cost savings achieved for each major Department of Defense headquarters activity during the previous fiscal year, including the cost of personnel detailed by another Department entity to the headquarters activity.
"(B) Whether the cost savings achieved for each major Department of Defense headquarters activity during that fiscal year met the savings objective for the headquarters activity for that fiscal year, as established pursuant to paragraph (1)."
Termination of Requirement for Submittal to Congress of Reports Required of Department of Defense by Statute
Pub. L. 114–92, div. A, title X, §1080, Nov. 25, 2015, 129 Stat. 1000, as amended by Pub. L. 114–328, div. A, title X, §1061(j), Dec. 23, 2016, 130 Stat. 2405, provided that:
"(a)
"(b)
"(c)
"(1) A list of all reports described in subsection (b).
"(2) For each such report, a citation to the provision of law under which the report is required to be submitted.
"(3) Draft legislation that would repeal each such report."
Streamlining of Department of Defense Management Headquarters
Pub. L. 113–66, div. A, title IX, §904, Dec. 26, 2013, 127 Stat. 816, as amended by Pub. L. 113–291, div. A, title IX, §905(e), Dec. 19, 2014, 128 Stat. 3472, provided that:
"(a)
"(b)
"(1) A description of the planned changes or reductions in staffing and services provided by military personnel, civilian personnel, and contractor personnel.
"(2) A description of the planned changes or reductions in management, functions, and programs and offices.
"(3) The estimated cumulative savings to be achieved over a 10-fiscal-year period beginning with fiscal year 2015, and estimated savings to be achieved for each of fiscal years 2015 through 2024.
"(c)
"(1) The Office of the Secretary of Defense.
"(2) The Joint Staff.
"(3) The Defense Agencies.
"(4) The Department of Defense field activities.
"(5) The headquarters of the combatant commands.
"(6) Headquarters, Department of the Army, including the Office of the Secretary of the Army, the Office of the Chief of Staff of the Army, and the Army Staff.
"(7) The major command headquarters of the Army.
"(8) The Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, United States Marine Corps.
"(9) The major command headquarters of the Navy and the Marine Corps.
"(10) Headquarters, Department of the Air Force, including the Office of the Secretary of the Air Force, the Office of the Air Force Chief of Staff, and the Air Staff.
"(11) The major command headquarters of the Air Force.
"(12) The National Guard Bureau.
"(d)
"(1)
"(2)
"(A) A summary of savings achieved for each covered organization in the fiscal year covered by such report.
"(B) A description of the savings through changes, consolidations, or reductions in staffing and services provided by military personnel, civilian personnel, and contractor personnel in the fiscal year covered by such report.
"(C) A description of the savings through changes, consolidations, or reductions in management, functions, and programs and offices, or other associated cost drivers, including a discussion of how the changes, consolidations, or reductions were prioritized, in the fiscal year covered by such report.
"(D) In any case in which savings under the plan fall short of the objective of the plan for the fiscal year covered by such report, an explanation of the reasons for the shortfall.
"(E) A description of any modifications to the plan made during the fiscal year covered by such report, and an explanation of the reasons for such modifications, including the risks of, and capabilities gained or lost by implementing, such modifications.
"(F) A description of how the plan supports or affects current Department of Defense strategic guidance, policy, and mission requirements, including the quadrennial defense review, the Unified Command Plan, and the strategic choices and management review.
"(G) A description of the associated costs specifically addressed by the savings."
[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 904(d)(2) of Pub. L. 113–66, set out above, see section 1061 of Pub. L. 114–328, set out as a note above.]
Military Activities in Cyberspace
Pub. L. 112–81, div. A, title IX, §954, Dec. 31, 2011, 125 Stat. 1551, provided that: "Congress affirms that the Department of Defense has the capability, and upon direction by the President may conduct offensive operations in cyberspace to defend our Nation, Allies and interests, subject to—
"(1) the policy principles and legal regimes that the Department follows for kinetic capabilities, including the law of armed conflict; and
"(2) the War Powers Resolution (50 U.S.C. 1541 et seq.)."
Interagency Policy Coordination
Pub. L. 110–181, div. A, title IX, §952, Jan. 28, 2008, 122 Stat. 291, provided that:
"(a)
"(b)
"(1) Assigning either the Under Secretary of Defense for Policy or another official to be the lead policy official for improving and reforming the interagency coordination process on national security issues for the Department of Defense, with an explanation of any decision to name an official other than the Under Secretary and the relative advantages and disadvantages of such decision.
"(2) Giving the official assigned under paragraph (1) the following responsibilities:
"(A) To be the lead person at the Department of Defense for the development of policy affecting the national security interagency process.
"(B) To serve, or designate a person to serve, as the representative of the Department of Defense in Federal Government forums established to address interagency policy, planning, or reforms.
"(C) To advocate, on behalf of the Secretary, for greater interagency coordination and contributions in the execution of the National Security Strategy and particularly specific operational objectives undertaken pursuant to that strategy.
"(D) To make recommendations to the Secretary of Defense on changes to existing Department of Defense regulations or laws to improve the interagency process.
"(E) To serve as the coordinator for all planning and training assistance that is—
"(i) designed to improve the interagency process or the capabilities of other agencies to work with the Department of Defense; and
"(ii) provided by the Department of Defense at the request of other agencies.
"(F) To serve as the lead official in Department of Defense for the development of deployable joint interagency task forces.
"(c)
"(1) How the official assigned under subsection (b)(1) shall provide input to the Secretary of Defense on an ongoing basis on how to incorporate the need to coordinate with other agencies into the establishment and reform of combatant commands.
"(2) How such official shall develop and make recommendations to the Secretary of Defense on a regular or an ongoing basis on changes to military and civilian personnel to improve interagency coordination.
"(3) How such official shall work with the combatant command that has the mission for joint warfighting experimentation and other interested agencies to develop exercises to test and validate interagency planning and capabilities.
"(4) How such official shall lead, coordinate, or participate in after-action reviews of operations, tests, and exercises to capture lessons learned regarding the functioning of the interagency process and how those lessons learned will be disseminated.
"(5) The role of such official in ensuring that future defense planning guidance takes into account the capabilities and needs of other agencies.
"(d)
"(e)
"(f)
"(g)
Commission on Review of Overseas Military Facility Structure of the United States
Pub. L. 108–132, §128, Nov. 22, 2003, 117 Stat. 1382, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–324, div. A, §127, Oct. 13, 2004, 118 Stat. 1229, established the Commission on the Review of the Overseas Military Facility Structure of the United States to conduct a thorough study of matters relating to the military facility structure of the United States overseas, directed the Commission to submit a report to the President and Congress not later than Aug. 15, 2005, and provided that the Commission would terminate 45 days after such date.
Commission To Assess United States National Security Space Management and Organization
Pub. L. 106–65, div. A, title XVI, subtitle C, Oct. 5, 1999, 113 Stat. 813, as amended by Pub. L. 106–398, §1 [[div. A], title X, §1091], Oct. 30, 2000, 114 Stat. 1654, 1654A-300, established Commission To Assess United States National Security Space Management and Organization for purpose of assessing (1) manner in which military space assets may be exploited to provide support for United States military operations, (2) current interagency coordination process regarding operation of national security space assets, (3) relationship between intelligence and nonintelligence aspects of national security space, and potential costs and benefits of partial or complete merger of programs, projects, (4) manner in which military space issues are addressed by professional military education institutions, (5) potential costs and benefits of establishing changes to existing organizational structure of Department of Defense for national security space management and organization, and (6) advisability of certain actions relating to assignment of specified officers in United States Space Command; and further provided for report to Congress and Secretary of Defense on its findings and conclusions not later than six months after first meeting, submission to Congress by Secretary of Defense of assessment of Commission's report not later than 90 days after submission of Commission's report, and for termination of Commission 60 days after submission of its report to Congress.
Commission on National Military Museum
Pub. L. 106–65, div. B, title XXIX, Oct. 5, 1999, 113 Stat. 881, as amended by Pub. L. 107–107, div. A, title X, §1048(g)(9), Dec. 28, 2001, 115 Stat. 1228, established the Commission on the National Military Museum to conduct a study regarding construction of a national military museum in the National Capital Area, directed that appointments to the Commission be made not later than 90 days after Oct. 5, 1999, directed the Commission to convene its first meeting not later than 60 days after all appointments, directed the Commission to submit a report to Congress not later than 12 months after its first meeting, and provided for the termination of the Commission 60 days after submission of its report.
Prohibition on Restriction of Armed Forces Under Kyoto Protocol to United Nations Framework Convention on Climate Change
Pub. L. 105–261, div. A, title XII, §1232, Oct. 17, 1998, 112 Stat. 2155, provided that:
"(a)
"(b)
"(1) specifically refers to this section; and
"(2) specifically states that such provision of law modifies or supersedes the provisions of this section.
"(c)
Applicability of Certain Pay Authorities to Members of Specified Independent Study Organizations
Pub. L. 105–85, div. A, title X, §1081, Nov. 18, 1997, 111 Stat. 1916, provided that:
"(a)
"(2) An individual who is a member of a commission or panel specified in subsection (b) and is a member or former member of a uniformed service is not subject to the provisions of subsections (b) and (c) of section 5532 of such title with respect to membership on the commission or panel.
"(b)
"(1) effective as of September 23, 1996, to members of the National Defense Panel established by section 924 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2626) [formerly set out below]; and
"(2) effective as of October 9, 1996, to members of the Commission on Servicemembers and Veterans Transition Assistance established by section 701 of the Veterans' Benefits Improvements Act of 1996 (Public Law 104–275; 110 Stat. 3346; 38 U.S.C. 545 note)."
Mission of White House Communications Agency
Pub. L. 104–201, div. A, title IX, §912, Sept. 23, 1996, 110 Stat. 2623, as amended by Pub. L. 109–163, div. A, title IX, §906, Jan. 6, 2006, 119 Stat. 3402, provided that:
"(a)
"(b)
"(c)
Military Force Structure Review
Pub. L. 104–201, div. A, title IX, subtitle B, Sept. 23, 1996, 110 Stat. 2623, directed Secretary of Defense, in consultation with Chairman of the Joint Chiefs of Staff, to complete in 1997 a review of defense program of United States, which was to include comprehensive examination of defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of defense program and policies with view toward determining and expressing defense strategy of United States and establishing revised defense program through year 2005, further established National Defense Panel to complete review and report to Secretary not later than Dec. 1, 1997, further directed Secretary to submit final report to Congress not later than Dec. 15, 1997, and provided for termination of Panel 30 days after submission of report to Secretary.
Commission on Roles and Missions of Armed Forces
Pub. L. 103–160, div. A, title IX, subtitle E, Nov. 30, 1993, 107 Stat. 1738, as amended by Pub. L. 103–337, div. A, title IX, §923(a)(1), (2), (b)–(d), Oct. 5, 1994, 108 Stat. 2830, 2831, established the Commission on Roles and Missions of the Armed Forces to review the efficacy and appropriateness of post-Cold War era allocations of roles, missions, and functions among the Armed Forces and to evaluate and report on alternatives and make recommendations for changes, directed that appointments to the Commission be made within 45 days after Nov. 30, 1993, and that the Commission convene its first meeting within 30 days of all appointments, and thereafter submit a report not later than one year after the date of its first meeting, directed the Secretary of Defense to submit comments on the report not later than 90 days following receipt, and provided for the termination of the Commission on the last day of the sixteenth month after its first meeting or no earlier than 30 days after submission of comments by the Secretary of Defense.
Termination of Department of Defense Reporting Requirements Determined by Secretary of Defense To Be Unnecessary or Incompatible With Efficient Management of Department of Defense
Pub. L. 103–160, div. A, title XI, §1151, Nov. 30, 1993, 107 Stat. 1758, provided that:
"(a)
"(b)
"(2) Paragraph (1) applies to a requirement imposed by law to submit to Congress (or specified committees of Congress) a report on a recurring basis, or upon the occurrence of specified events, if the Secretary determines that the continued requirement to submit that report is unnecessary or incompatible with the efficient management of the Department of Defense.
"(3) The Secretary shall submit with the list an explanation, for each report specified in the list, of the reasons why the Secretary considers the continued requirement to submit the report to be unnecessary or incompatible with the efficient management of the Department of Defense.
"(c)
"(d)
"(e)
Report Provisions Previously Terminated by Goldwater-Nichols Act
Pub. L. 101–510, div. A, title XIII, §1321, Nov. 5, 1990, 104 Stat. 1670, provided that section 1322 of Pub. L. 101–510, with respect to Goldwater-Nichols terminations, repeals certain provisions of law containing terminated report requirements and section 1323 of Pub. L. 101–510, with respect to such terminations, restores effectiveness of selected other provisions of law containing such requirements and described Goldwater-Nichols terminations for purposes of such repeals or restorations.
Restoration of Certain Reporting Requirements of Title 10 Terminated by Goldwater-Nichols Act
Pub. L. 101–510, div. A, title XIII, §1323, Nov. 5, 1990, 104 Stat. 1672, restored effectiveness of following report and notification provisions previously terminated by section 602(c) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986, Pub. L. 99–433, formerly set out below: (1) the quarterly report required by section 127(c) of this title relating to emergency and extraordinary expenses, (2) the notifications required by section 2672a(b) of this title relating to urgent acquisitions of interests in land, (3) the notifications required by section 7308(c) of this title relating to the transfer or gift of obsolete, condemned, or captured vessels, and (4) the notifications required by section 7309(b) of this title relating to construction or repair of vessels in foreign shipyards.
Goldwater-Nichols Department of Defense Reorganization Act of 1986; Congressional Declaration of Policy
Pub. L. 99–433, §3, Oct. 1, 1986, 100 Stat. 993, provided that: "In enacting this Act [see Short Title of 1986 Amendment note above], it is the intent of Congress, consistent with the congressional declaration of policy in section 2 of the National Security Act of 1947 (50 U.S.C. 401) [now 50 U.S.C. 3002]—
"(1) to reorganize the Department of Defense and strengthen civilian authority in the Department;
"(2) to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense;
"(3) to place clear responsibility on the commanders of the unified and specified combatant commands for the accomplishment of missions assigned to those commands;
"(4) to ensure that the authority of the commanders of the unified and specified combatant commands is fully commensurate with the responsibility of those commanders for the accomplishment of missions assigned to their commands;
"(5) to increase attention to the formulation of strategy and to contingency planning;
"(6) to provide for more efficient use of defense resources;
"(7) to improve joint officer management policies; and
"(8) otherwise to enhance the effectiveness of military operations and improve the management and administration of the Department of Defense."
Reduction of Reporting Requirements
Pub. L. 99–433, title VI, §602, Oct. 1, 1986, 100 Stat. 1066, as amended by Pub. L. 100–180, div. A, title XIII, §1314(a)(4), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101–189, div. A, title II, §243, Nov. 29, 1989, 103 Stat. 1402; Pub. L. 101–510, div. A, title XIII, §1324, Nov. 5, 1990, 104 Stat. 1673; Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406, directed Secretary of Defense to compile a list of all provisions of law in effect on or after Oct. 1, 1986, and before Feb. 1, 1987, which require President or any official or employee of Department of Defense to submit a report, notification, or study to Congress or any committee of Congress and to submit this list not later than six months after Oct. 1, 1986, with any recommendation or draft of legislation to implement any changes in law recommended by the Secretary.
Legislation To Make Required Conforming Changes in Law
Pub. L. 99–433, title VI, §604, Oct. 1, 1986, 100 Stat. 1075a, directed Secretary of Defense, not later than six months after Oct. 1, 1986, to submit to Committees on Armed Services of Senate and House of Representatives a draft of legislation to make any technical and conforming changes to title 10, United States Code, and other provisions of law that are required or should be made by reason of the amendments made by Pub. L. 99–433.
Readiness Status of Military Forces of the North Atlantic Treaty Organization; Assessment, Findings, and Report to Congressional Committees
Pub. L. 96–107, title VIII, §808, Nov. 9, 1979, 93 Stat. 814, which directed Secretary of Defense to report annually to Congress on readiness of military forces of NATO, was repealed and restated as section 133a (renumbered §117 and repealed) of this title by Pub. L. 97–295, §§1(2)(A), 6(b), Oct. 12, 1982, 96 Stat. 1287, 1314.
Defense Manpower Commission
Pub. L. 93–155, title VII, §§701–708, Nov. 16, 1973, 87 Stat. 609–611, established the Commission; provided for its composition, duties, powers, compensation, staff, appropriations, and use of General Services Administration; and directed that interim reports to President and Congress be submitted and that Commission terminate 60 days after its final report which was to be submitted not more than 24 months after appointment of Commission.
Air Force Reserve and Air National Guard of United States; Study and Investigation of Relative Status; Advantages and Disadvantages of Alternatives; Modernization and Manpower Needs; Report to President and Congress
Pub. L. 93–155, title VIII, §810, Nov. 16, 1973, 87 Stat. 618, directed the Secretary of Defense to study the relative status of the Air Force Reserve and the Air National Guard of the United States; to measure the effects on costs and combat capability as well as other advantages and disadvantages of (1) merging the Reserve into the Guard, (2) merging the Guard into the Reserve, and (3) retaining the status quo; and to consider the modernization needs and manpower problems of both; and also directed that a report of such study be submitted to the President and to the Congress no later than Jan. 31, 1975.
REORGANIZATION PLAN NO. 6 OF 1953
Eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, as amended Aug. 6, 1958, Pub. L. 85–559, §10(b), 72 Stat. 521; Sept. 7, 1962, Pub. L. 87–651, title III, §307C, 76 Stat. 526
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 30, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].
DEPARTMENT OF DEFENSE
Section 1. Transfers of Functions
(a) All functions of the Munitions Board, the Research and Development Board, the Defense Supply Management Agency, and the Director of Installations are hereby transferred to the Secretary of Defense.
(b) The selection of the Director of the Joint Staff by the Joint Chiefs of Staff, and his tenure, shall be subject to the approval of the Secretary of Defense.
(c) The selection of the members of the Joint Staff by the Joint Chiefs of Staff, and their tenure, shall be subject to the approval of the Chairman of the Joint Chiefs of Staff.
(d) The functions of the Joint Chiefs of Staff with respect to managing the Joint Staff and the Director thereof are hereby transferred to the Chairman of the Joint Chiefs of Staff.
Sec. 2. Abolition of Agencies and Functions
(a) There are hereby abolished the Munitions Board, the Research and Development Board, and the Defense Supply Management Agency.
(b) The offices of Chairman of the Munitions Board, Chairman of the Research and Development Board, Director of the Defense Supply Management Agency, Deputy Director of the Defense Supply Management Agency, and Director of Installations are hereby abolished.
(c) The Secretary of Defense shall provide for winding up any outstanding affairs of the said abolished agency, boards, and offices, not otherwise provided for in this reorganization plan.
(d) The function of guidance to the Munitions Board in connection with strategic and logistic plans as required by section 213(c) of the National Security Act of 1947, as amended [section 171h(c) of former Title 5], is hereby abolished.
Sec. 3. Assistant Secretaries of Defense
[Repealed. Pub. L. 85–599, §10(b), Aug. 6, 1958, 72 Stat. 521, eff. six months after Aug. 6, 1958. Section authorized appointment of six additional Assistant Secretaries and prescribed their duties and compensation.]
Sec. 4. General Counsel
[Repealed. Pub. L. 87–651, title III, §307C, Sept. 7, 1962, 76 Stat. 526. Section authorized appointment of a General Counsel for the Department of Defense. See section 140 of this title.]
Sec. 5. Performance of Functions
[Repealed. Pub. L. 87–651, title III, §307C, Sept. 7, 1962, 76 Stat. 526. Section authorized the Secretary of Defense from time to time to make such provisions as he deemed appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of any function of the Secretary. See section 113 of this title.]
Sec. 6. Miscellaneous Provisions
(a) The Secretary of Defense may from time to time effect such transfers within the Department of Defense of any of the records, property, and personnel affected by this reorganization plan, and such transfers of unexpended balances (available or to be made available for use in connection with any affected function or agency) of appropriations, allocations, and other funds of such Department, as he deems necessary to carry out the provisions of this reorganization plan.
(b) Nothing herein shall affect the compensation of the Chairman of the Military Liaison Committee (63 Stat. 762).
Executive Order No. 12049
Ex. Ord. No. 12049, Mar. 27, 1978, 43 F.R. 13363, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, which provided for establishment of Defense Economic Adjustment Program and continued the Economic Adjustment Committee, was superseded by Ex. Ord. No. 12788, Jan. 15, 1992, 57 F.R. 2213, set out as a note under section 2391 of this title.
§112. Department of Defense: seal
The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal.
(Added Pub. L. 87–651, title II, §202, Sept. 7, 1962, 76 Stat. 517, §132; renumbered §112 and amended Pub. L. 99–433, title I, §§101(a)(2), 110(d)(1), Oct. 1, 1986, 100 Stat. 994, 1002.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
132 | 5:171a(e). | July 26, 1947, ch. 343, §202(e); added Aug. 10, 1949, ch. 412, §5 (10th par.), 63 Stat. 580. |
Amendments
1986—Pub. L. 99–433 renumbered section 132 of this title as this section and substituted "Department of Defense: seal" for "Seal" in section catchline.
§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 seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
(b) The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 (50 U.S.C. 3002) 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; and
(3) 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. 3043) 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)(A) Except as provided in subparagraph (E), in January every four years, and intermittently otherwise as may be appropriate, the Secretary of Defense shall provide to the Secretaries of the military departments, the Chiefs of Staff of the armed forces, the commanders of the unified and specified combatant commands, and the heads of all Defense Agencies and Field Activities of the Department of Defense and other elements of the Department specified in paragraphs (1) through (10) of section 111(b) of this title, and to the congressional defense committees, a defense strategy. Each strategy shall be known as the "national defense strategy", and shall support the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 3043).
(B) Each national defense strategy shall including the following:
(i) The priority missions of the Department of Defense, and the assumed force planning scenarios and constructs.
(ii) The assumed strategic environment, including the most critical and enduring threats to the national security of the United States and its allies posed by state or non-state actors, and the strategies that the Department will employ to counter such threats and provide for the national defense.
(iii) A strategic framework prescribed by the Secretary that guides how the Department will prioritize among the threats described in clause (ii) and the missions specified pursuant to clause (i), how the Department will allocate and mitigate the resulting risks, and how the Department will make resource investments.
(iv) The roles and missions of the armed forces to carry out the missions described in clause (i), and the assumed roles and capabilities provided by other United States Government agencies and by allies and international partners.
(v) The force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support such strategy.
(vi) The major investments in defense capabilities, force structure, force readiness, force posture, and technological innovation that the Department will make over the following five-year period in accordance with the strategic framework described in clause (iii).
(C) The Secretary shall seek the military advice and assistance of the Chairman of the Joint Chiefs of Staff in preparing each national defense strategy required by this subsection.
(D) Each national defense strategy under this subsection shall be presented to the congressional defense committees in classified form with an unclassified summary.
(E) In a year following an election for President, which election results in the appointment by the President of a new Secretary of Defense, the Secretary shall present the national defense strategy required by this subsection as soon as possible after appointment by and with the advice and consent of the Senate.
(F) In February of each year in which the Secretary does not submit a new defense strategy as required by paragraph (A), the Secretary shall submit to the congressional defense committees an assessment of the current national defense strategy, including an assessment of the implementation of the strategy by the Department and an assessment whether the strategy requires revision as a result of changes in assumptions, policy, or other factors.
(2)(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year provide to the officials and officers referred in paragraph (1)(A) written guidance (to be known as "Defense Planning Guidance") establishing goals, priorities, and objectives, including fiscal constraints, to direct the preparation and review of the program and budget recommendations of all elements of the Department, including—
(i) the priority military missions of the Department, including the assumed force planning scenarios and constructs;
(ii) the force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support the strategy required by paragraph (1);
(iii) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective; and
(iv) a discussion of any changes in the strategy required by paragraph (1) and assumptions underpinning the strategy, as required by paragraph (1).
(B) The guidance required by this paragraph shall be produced in February each year in order to support the planning and budget process. A comprehensive briefing on the guidance shall be provided to the congressional defense committees at the same time as the submission of the budget of the President (as submitted to Congress pursuant to section 1105(a) of title 31) for the fiscal year beginning in the year in which such guidance is produced.
(3)(A) In implementing the requirement in paragraph (1) and in conjunction with the reporting requirement in section 2687a of this title, the Secretary, with the approval of the President and the advice of the Chairman of the Joint Chiefs of Staff, shall, on the basis provided in subparagraph (E), provide to the officials and officers referred to in paragraph (1)(A) written guidance (to be known as "Contingency Planning Guidance" or "Guidance for Employment of the Force") on the preparation and review of contingency and campaign plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities.
(B) The guidance required by this paragraph shall include the following:
(i) A description of the manner in which limited existing forces and resources shall be prioritized and apportioned to achieve the objectives described in the strategy required by paragraph (1).
(ii) A description of the relative priority of contingency and campaign plans, specific force levels, and supporting resource levels projected to be available for the period of time for which such plans are to be effective.
(C) The guidance required by this paragraph shall include the following:
(i) Prioritized global, regional, and functional policy objectives that the armed forces should plan to achieve, including plans for deliberate and contingency scenarios.
(ii) Policy and strategic assumptions that should guide military planning, including the role of foreign partners.
(iii) Guidance on global posture and global force management.
(iv) Security cooperation priorities.
(v) Specific guidance on United States and Department nuclear policy.
(D) The guidance required by this paragraph shall be the primary source document to be used by the Chairman of the Joint Chiefs of Staff in—
(i) executing the global military integration responsibilities described in section 153 of this title; and
(ii) developing implementation guidance for the Joint Chiefs of Staff and the commanders of the combatant commands.
(E) The guidance required by this paragraph shall be produced every two years, or more frequently as needed.
(4)(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year produce, and submit to the congressional defense committees, a report (to be known as the "Global Defense Posture Report") that shall include the following:
(i) A description of major changes to United States forces, capabilities, and equipment assigned and allocated outside the United States, focused on significant alterations, additions, or reductions to such global defense posture that are required to execute the strategy and plans of the Department.
(ii) A description of the supporting network of infrastructure, facilities, pre-positioned stocks, and war reserve materiel required for execution of major contingency plans of the Department.
(iii) A list of all enduring locations, including main operating bases, forward operating sites, and cooperative security locations.
(iv) A description of the status of treaty, access, cost-sharing, and status-protection agreements with foreign nations.
(v) A summary of the priority posture initiatives for each region by the commanders of the combatant commands.
(vi) For each military department, a summary of the implications for overseas posture of any force structure changes.
(vii) A description of the costs incurred outside the United States during the preceding fiscal year in connection with operating, maintaining, and supporting United States forces outside the United States for each military department, broken out by country, and whether for operation and maintenance, infrastructure, or transportation.
(viii) A description of the amount of direct support for the stationing of United States forces provided by each host nation during the preceding fiscal year.
(B) The report required by this paragraph shall be submitted to the congressional defense committees as required by subparagraph (A) by not later than April 30 each year.
(C) In this paragraph, the term "United States", when used in a geographic sense, includes the territories and possessions of the United States.
(h) The Secretary of Defense shall keep the Secretaries of the military departments informed with respect to military operations and activities of the Department of Defense that directly affect their respective responsibilities.
(i)(1) The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries.
(2) Each such report shall—
(A) include a comparison of the defense capabilities and programs of the armed forces of the United States and its allies with the armed forces of potential adversaries of the United States and allies of the United States;
(B) include an examination of the trends experienced in those capabilities and programs during the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221 of this title;
(C) include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the armed forces of the United States on short notice to meet a resurgent or increased threat to the national security of the United States;
(D) reflect, in the overall assessment and in the strategic and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the budget submitted to Congress under section 1105 of title 31 in the year in which the report is submitted and in the five-year defense program submitted in such year; and
(E) identify the deficiencies in the defense capabilities of the armed forces of the United States in such budget and such five-year defense program.
(3) The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the President submits the budget to Congress under section 1105 of title 31 in that year. Such report shall be transmitted in both classified and unclassified form.
(j)(1) Not later than April 8 of each year, the Secretary of Defense shall submit to congressional defense committees 1 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) 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.
(B) The amount of direct and indirect support for the stationing of United States forces provided by each host nation.
(2) In this subsection, the term "United States", when used in a geographic sense, includes the territories and possessions of the United States.
(k) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the Secretaries of the military departments and to the commanders of the combatant commands written guidelines to direct the effective detection and monitoring of all potential aerial and maritime threats to the national security of the United States. Those guidelines shall include guidance on the specific force levels and specific supporting resources to be made available for the period of time for which the guidelines are to be in effect.
[(l) Repealed. Pub. L. 115–91, div. A, title X, §1051(a)(1)(B), Dec. 12, 2017, 131 Stat. 1560.]
(m)
(1) What clear and distinct objectives guide the activities of United States forces in the operation.
(2) What the President has identified on the basis of those objectives as the date, or the set of conditions, that defines the endpoint of the operation.
(Added Pub. L. 87–651, title II, §202, Sept. 7, 1962, 76 Stat. 517, §133; amended Pub. L. 96–513, title V, §511(3), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 97–252, title XI, §1105, Sept. 8, 1982, 96 Stat. 739; Pub. L. 97–295, §1(1), Oct. 12, 1982, 96 Stat. 1287; renumbered §113 and amended Pub. L. 99–433, title I, §§101(a)(2), 102, 110(b)(2), (d)(2), title III, §301(b)(2), title VI, §603(b), Oct. 1, 1986, 100 Stat. 994, 996, 1002, 1022, 1075; Pub. L. 100–26, §7(d)(1), Apr. 21, 1987, 101 Stat. 280; Pub. L. 100–180, div. A, title XII, §1214, Dec. 4, 1987, 101 Stat. 1157; Pub. L. 100–370, §1(o)(1), July 19, 1988, 102 Stat. 850; Pub. L. 100–456, div. A, title VII, §731, title XI, §1101, Sept. 29, 1988, 102 Stat. 2003, 2042; Pub. L. 101–189, div. A, title XVI, §1622(c)(1), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 101–510, div. A, title XIII, §1322(a)(1), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 102–190, div. A, title III, §341, Dec. 5, 1991, 105 Stat. 1343; Pub. L. 103–337, div. A, title X, §1070(a)(1), title XVI, §1671(c)(2), Oct. 5, 1994, 108 Stat. 2855, 3014; Pub. L. 104–106, div. A, title XV, §§1501(a)(8)(B), 1502(a)(3), 1503(a)(1), Feb. 10, 1996, 110 Stat. 495, 502, 510; Pub. L. 104–201, div. A, title XII, §1255(c), Sept. 23, 1996, 110 Stat. 2698; Pub. L. 105–85, div. A, title IX, §903, Nov. 18, 1997, 111 Stat. 1854; Pub. L. 105–261, div. A, title IX, §915(a), title XII, §1212(b), Oct. 17, 1998, 112 Stat. 2101, 2152; Pub. L. 106–65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 110–181, div. A, title IX, §903(a), title XVIII, §1815(e), Jan. 28, 2008, 122 Stat. 273, 500; Pub. L. 111–383, div. A, title V, §514(b), Jan. 7, 2011, 124 Stat. 4213; Pub. L. 112–81, div. A, title IX, §933(a), title X, §1064(1), Dec. 31, 2011, 125 Stat. 1543, 1586; Pub. L. 112–239, div. A, title X, §1076(f)(1), Jan. 2, 2013, 126 Stat. 1951; Pub. L. 113–291, div. A, title X, §1071(c)(1), (2), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 114–92, div. A, title X, §1060(a), Nov. 25, 2015, 129 Stat. 987; Pub. L. 114–328, div. A, title IX, §941(a), Dec. 23, 2016, 130 Stat. 2365; Pub. L. 115–91, div. A, title X, §§1051(a)(1), 1081(a)(1), Dec. 12, 2017, 131 Stat. 1560, 1594; Pub. L. 115–232, div. A, title X, §1041, Aug. 13, 2018, 132 Stat. 1954.)
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.), 63 Stat. 579, 580. |
[Uncodified: 1953 Reorg. Plan No. 6, §5, eff. June 30, 1953, 67 Stat. 639]. 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, Pub. L. 85–599, §3(b), 72 Stat. 516. | |
July 26, 1947, ch. 343, §202(f); added Aug. 10, 1949, ch. 412, §5 (11th par.), 63 Stat. 581. | ||
July 26, 1947, ch. 343, §308(a) (as applicable to §202(f)), 61 Stat. 509. | ||
July 9, 1952, ch. 608, §257(e), 66 Stat. 497; Sept. 3, 1954, ch. 1257, §702(c), 68 Stat. 1189. | ||
1953 Reorg. Plan No. 6, §5, eff. June 30, 1953, 67 Stat. 639. |
In subsection (a), the last sentence is substituted for 5 U.S.C. 171a(a) (proviso).
In subsection (b), the words "this title and section 401 of title 50" are substituted for 5 U.S.C. 171a(b) (13th through 30th words of last sentence), since those words merely described the coverage of this title and section 401 of title 50.
In subsection (c), the words "during the period covered by the report" are inserted for clarity. The following substitutions are made: "under section 125 of this title" for "pursuant to the provisions of this Act" since 125 of this title relates to the duty of the Secretary of Defense to take action to save public funds and to eliminate duplication in the Department of Defense; and the last 22 words of clause (3) for 5 U.S.C. 171a–1 (last 13 words).
In subsection (d), section 5 of 1953 Reorganization Plan No. 6 is omitted as covered by 5 U.S.C. 171a(f).
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
133(e) | 10:133 (note). | Oct. 7, 1975, Pub. L. 94–106, §812, 89 Stat. 540. |
The words "prepare and" are omitted as surplus.
1988 Act
Subsection (k) is based on Pub. L. 100–202, §101(b) [title VIII, §8042], 101 Stat. 1329–69.
Section 8042 of the FY88 Defense Appropriations Act (Public Law 100–202) established a requirement for the Secretary of Defense to submit an annual report on the cost of stationing United States forces overseas. Under that section, the annual report is to be sent to the Committees on Appropriations of the two Houses. In codifying that section as section 113(k) of title 10, the committee added the two Armed Services Committees as committees to be sent the annual report. This minor change from the source law does not change the nature of the report to be submitted.
The committee notes that the source section does not specify the period of time to be covered by the report. In the absence of statutory language specifying the period to be covered by the report, it would seem reasonable to conclude that the report should cover the previous fiscal year. The committee notes, however, that the report of the Senate Appropriations Committee on its FY88 defense appropriations bill (S. Rpt. 100–235) states that this new annual report "should cover the budget years and the 2 previous fiscal years" (page 54). The committee believes that such a requirement may be unnecessarily burdensome and in any case, if such a requirement is intended, should be stated in the statute. In the absence of clear intent, the provision is proposed to be codified without specifying the period of time to be covered by the annual report.
In codifying this provision, the committee also changed the term "United States troops" in the source law to "United States forces" for consistency in usage in title 10 and as being preferable usage. No change in meaning is intended. The committee also changed "overseas" to "outside the United States" and defined "United States" for this purpose to include the territories and possessions of the United States. The committee was concerned that the term "overseas" read literally could include Hawaii or Guam, an interpretation clearly not intended in enacting section 8042. The committee notes that the Senate report referred to above states "For the purposes of this report [meaning the new DOD annual report], U.S. forces stationed overseas are considered to be those outside of the United States and its territories.". The committee extrapolates from this statement that provisions in the report requirement relating to expenditures "overseas" and costs incurred "overseas" are also to be construed as relating to matters outside the United States and its territories and has prepared the codified provision accordingly.
Amendments
2018—Subsec. (g)(2) to (4). Pub. L. 115–232 added pars. (2) to (4) and struck out former pars. (2) to (4) which related to annual provision of written policy guidance for preparation and review of program recommendations and budget proposals, provision every two years of written policy guidance for preparation and review of contingency plans including those providing support to civil authorities in an incident of national significance or a catastrophic incident, and provision to congressional defense committees of a detailed classified briefing summarizing such guidance not later than Feb. 15 in any calendar year in which guidance is required.
2017—Subsec. (c). Pub. L. 115–91, §1051(a)(1)(A), redesignated par. (1) as subsec. (c) and subpars. (A) to (C) of former par. (1) as pars. (1) to (3), respectively, and struck out former par. (2) which read as follows: "At the same time that the Secretary submits the annual report under paragraph (1), the Secretary shall transmit to the President and Congress a separate report from the Reserve Forces Policy Board on any reserve component matter that the Reserve Forces Policy Board considers appropriate to include in the report."
Subsec. (j)(1). Pub. L. 115–91, §1081(a)(1), substituted "congressional defense committees" for "the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives" in introductory provisions.
Subsec. (l). Pub. L. 115–91, §1051(a)(1)(B), struck out subsec. (l) which listed items to be included in the Secretary's annual report to Congress under subsec. (c).
2016—Subsec. (g). Pub. L. 114–328 amended subsec. (g) generally. Prior to amendment, subsec. (g) required Secretary of Defense to provide annually to Department of Defense heads written policy guidance for preparation and review of program recommendations and budget proposals, to provide to the Chairman of the Joint Chiefs of Staff written policy guidance for contingency plans for homeland defense and for military support to civil authorities, and to include in budget materials submitted to Congress summaries of the guidance developed and summaries of any plans developed in accordance with that guidance.
2015—Subsec. (g)(3). Pub. L. 114–92 added par. (3).
2014—Subsec. (b). Pub. L. 113–291, §1071(c)(1), substituted "(50 U.S.C. 3002)" for "(50 U.S.C. 401)".
Subsec. (e)(2). Pub. L. 113–291, §1071(c)(2), substituted "(50 U.S.C. 3043)" for "(50 U.S.C. 404a)".
2013—Subsec. (c)(2). Pub. L. 112–239 struck out "on" after "Board on".
2011—Subsec. (c)(2). Pub. L. 111–383 substituted "on any reserve component matter" for "the reserve programs of the Department of Defense and on any other matters".
Subsec. (j)(1)(A) to (C). Pub. L. 112–81, §1064(1)(A), added subpar. (B), redesignated former subpar. (B) as (A), and struck out former subpars. (A) and (C) which read as follows:
"(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.
"(C) The effect of such expenditures outside the United States on the balance of payments of the United States."
Subsec. (j)(2), (3). Pub. L. 112–81, §1064(1)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "Each report under this subsection shall be prepared in consultation with the Secretary of Commerce."
Subsec. (l). Pub. L. 112–81, §933(a), amended subsec. (l) generally. Prior to amendment, subsec. (l) related to contents of the Secretary's annual report to Congress under subsec. (c).
2008—Subsec. (a). Pub. L. 110–181, §903(a), substituted "seven" for "10".
Subsec. (g)(2). Pub. L. 110–181, §1815(e), substituted "contingency plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities" for "contingency plans".
1999—Subsec. (j)(1). Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security" in introductory provisions.
1998—Subsec. (l). Pub. L. 105–261, §915(a), added subsec. (l).
Subsec. (m). Pub. L. 105–261, §1212(b), added subsec. (m).
1997—Subsec. (g)(2). Pub. L. 105–85 struck out "annually" after "Staff, shall provide" and inserted "be provided every two years or more frequently as needed and shall" after "Such guidance shall".
1996—Subsec. (c). Pub. L. 104–201, §1255(c)(2)–(5), inserted "(1)" after "(c)", redesignated former pars. (1), (2), and (4) as subpars. (A), (B), and (C), respectively, inserted "and" at end of subpar. (B), and added par. (2).
Subsec. (c)(3). Pub. L. 104–201, §1255(c)(1), struck out par. (3) which read as follows: "a report from the Reserve Forces Policy Board on the reserve programs of the Department of Defense, including a review of the effectiveness of chapters 51, 337, 361, 363, 549, 573, 837, 861 and 863 of this title, as far as they apply to reserve officers; and".
Pub. L. 104–106, §1501(a)(8)(B), made technical correction to directory language of Pub. L. 103–337, §1671(c)(2). See 1994 Amendment note below.
Subsec. (i)(2)(B). Pub. L. 104–106, §1503(a)(1), substituted "the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221" for "the five years covered by the five-year defense program submitted to Congress during that year pursuant to section 114(g)".
Subsec. (j)(1). Pub. L. 104–106, §1502(a)(3), substituted "Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the" for "Committees on Armed Services and Committees on Appropriations of the Senate and".
1994—Subsec. (c)(3). Pub. L. 103–337, §1671(c)(2), as amended by Pub. L. 104–106, §1501(a)(8)(B), which directed the substitution of "1219 and 1401 through 1411 of this title" for "51, 337, 361, 363, 549, 573, 837, 861 and 863 of this title, as far as they apply to reserve officers", effective Oct. 1, 1996, could not be executed because of the intervening amendment by Pub. L. 104–201, §1255(c)(1). See 1996 Amendment note above.
Subsec. (e)(2). Pub. L. 103–337, §1070(a)(1), substituted "section 108" for "section 104".
1991—Subsec. (i)(2)(C) to (E). Pub. L. 102–190 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.
1990—Subsecs. (i) to (l). Pub. L. 101–510 redesignated subsecs. (j) to (l) as (i) to (k), respectively, and struck out former subsec. (i) which read as follows: "The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, recommending the amount of funds to be appropriated to the Department of Defense for the next fiscal year for functions relating to the formulation and carrying out of Department of Defense policies on the control of technology transfer and activities related to the control of technology transfer. The Secretary shall include in that report the proposed allocation of the funds requested for such purpose and the number of personnel proposed to be assigned to carry out such activities during such fiscal year."
1989—Subsec. (j)(2)(B). Pub. L. 101–189 substituted "five-year defense program" for "Five-Year Defense Program".
1988—Subsec. (j). Pub. L. 100–456, §731, designated existing provisions as par. (1), struck out provision requiring that each report be transmitted in both a classified and an unclassified form, and added pars. (2) and (3).
Subsec. (k). Pub. L. 100–370 added subsec. (k).
Subsec. (l). Pub. L. 100–456, §1101, added subsec. (l).
1987—Subsec. (e)(2). Pub. L. 100–26 inserted "(50 U.S.C. 404a)" after "National Security Act of 1947".
Subsec. (j). Pub. L. 100–180 added subsec. (j).
1986—Pub. L. 99–433, §110(d)(2), struck out ": appointment; powers and duties; delegation by" at end of section catchline.
Subsecs. (a) to (e). Pub. L. 99–443, §101(a)(2), redesignated subsecs. (a) to (e) of section 133 of this title as subsecs. (a) to (e) of this section.
Pub. L. 99–433, §301(b)(2), substituted "sections 125 and 191" for "section 125" in subsec. (c)(2).
Pub. L. 99–433, §603(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "After consulting with the Secretary of State, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives before February 1 of each year a written report on—
"(1) the foreign policy and military force structure for the next fiscal year;
"(2) the relationship of that policy and structure to each other; and
"(3) the justification for the policy and structure."
Subsecs. (f) to (h). Pub. L. 99–433, §102, added subsecs. (f) to (h).
Subsec. (i). Pub. L. 99–433, §§101(a)(2), 110(b)(2), successively redesignated subsec. (h) of section 138 of this title as subsec. (h) of section 114 of this title and then as subsec. (i) of this section.
1982—Subsec. (e). Pub. L. 97–295 added subsec. (e).
Subsec. (i) [formerly §138(h)]. Pub. L. 97–252, §1105, added subsec. (h). See 1986 Amendment note above.
1980—Subsec. (b). Pub. L. 96–513 substituted "section 2 of the National Security Act of 1947 (50 U.S.C. 401)" for "section 401 of title 50".
Effective Date of 2017 Amendment
Pub. L. 115–91, div. A, title X, §1051(z), Dec. 12, 2017, 131 Stat. 1568, provided that: "Except as provided in subsections (u), (v), and (w) [amending section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title] the amendments made by this section [see Tables for classification] shall take effect on the later of—
"(1) the date of the enactment of this Act [Dec. 12, 2017]; or
"(2) November 25, 2017."
Effective Date of 1996 Amendment
Pub. L. 104–106, div. A, title XV, §1501(f)(3), Feb. 10, 1996, 110 Stat. 501, provided that: "The amendments made by this section [see Tables for classification] shall take effect as if included in the Reserve Officer Personnel Management Act [Pub. L. 103–337, div. A, title XVI] as enacted on October 5, 1994."
Effective Date of 1994 Amendment
Amendment by section 1671(c)(2) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Termination of Reporting Requirements
Pub. L. 115–91, div. A, title X, §1051(x), Dec. 12, 2017, 131 Stat. 1567, provided that: "Effective on December 31, 2021, the reports required under the following provisions of title 10, United States Code, shall no longer be required to be submitted to Congress:
"(1) Section 113(c)(1).
"(2) Section 113(e).
"(3) Section 116.
"(4) Section 2432."
For termination, effective Dec. 31, 2021, of provisions in subsec. (i) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
Delegation of Functions
Functions of President under various sections delegated to Secretary of Defense, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, as amended by Ex. Ord. No. 11294, Aug. 4, 1966, 31 F.R. 10601; see Ex. Ord. No. 10661, Feb. 27, 1956, 21 F.R. 1315; see Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841; all set out as notes under section 301 of Title 3, The President.
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to Secretary of Defense, see Parts 1, 2, and 5 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
Order of Succession
For order of succession during any period when the Secretary has died, resigned, or is otherwise unable to perform the functions and duties of the office of Secretary, see Ex. Ord. No. 13533, Mar. 1, 2010, 75 F.R. 10163, listed in a table under section 3345 of Title 5, Government Organization and Employees.
Improved Crime Reporting
Pub. L. 115–232, div. A, title V, §546, Aug. 13, 2018, 132 Stat. 1765, provided that:
"(a)
"(b)
Critical Technologies List
Pub. L. 115–232, div. A, title X, §1049, Aug. 13, 2018, 132 Stat. 1961, provided that:
"(a)
"(b)
"(1) guide the recommendations of the Secretary in any interagency determinations conducted pursuant to Federal law relating to technology protection, including relating to export licensing, deemed exports, technology transfer, and foreign direct investment;
"(2) inform the Secretary while engaging in interagency processes on promotion and protection activities involving acquisition programs and technologies that are necessary to achieve and maintain the national security technology advantage of the United States and that are supportive of military requirements and strategies;
"(3) inform the Department's activities to integrate acquisition, intelligence, counterintelligence and security, and law enforcement to inform requirements, acquisition, programmatic, and strategic courses of action for technology protection;
"(4) inform development of research investment strategies and activities and develop innovation centers and an emerging technology industrial base through the employment of financial assistance from the United States Government through appropriate statutory authorities and programs;
"(5) identify opportunities for alliances and partnerships in key research and development areas to achieve and maintain a national security technology advantage; and
"(6) carry out such other purposes as identified by the Secretary.
"(c)
"(1) publish the list required under subsection (a) by not later than December 31, 2018; and
"(2) update such list at least annually."
Guidance on the Electronic Warfare Mission Area and Joint Electromagnetic Spectrum Operations
Pub. L. 115–232, div. A, title X, §1053, Aug. 13, 2018, 132 Stat. 1966, provided that:
"(a)
"(1) establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and
"(2) ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors.
"(b)
"(1)
"(2)
"(A) Overseeing the implementation of the strategy developed by the Electronic Warfare Executive Committee for the conduct and execution of the electronic warfare mission area and joint electromagnetic spectrum operations by the Department, coordinated across all relevant elements of the Department, including both near-term and long-term guidance for the conduct of such operations.
"(B) Providing recommendations to the Electronic Warfare Executive Committee on resource allocation to support the capability development and investment in the electronic warfare and joint electromagnetic spectrum operation mission areas.
"(C) Proposing electronic warfare governance, management, organizational, and operational reforms to Secretary of Defense, after review and comment by the Electronic Warfare Executive Committee.
"(3)
"(A) The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations.
"(B) The establishment and operation of associated joint electromagnetic spectrum operations cells.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) update the strategy of the Department of Defense entitled 'The DOD Electronic Warfare Strategy' and dated June 2017, to include the roadmap developed by the cross-functional team pursuant to in paragraph (1); and
"(B) submit the updated strategy to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
"(3)
"(A) An accounting of the efforts undertaken in support of the strategy referred to in paragraph (2)(A) and to implement applicable elements of Department of Defense Directive 3222.04, dated May 10, 2017, or any subsequent updates to such directive.
"(B) A description of any updates or changes to the strategy since its issuance, and a description of any anticipated updates or changes to the strategy as a result of the designation of the designated senior official.
"(C) An assessment of vulnerabilities identified in the May 2015 Electronic Warfare assessment by the Defense Science Board.
"(D) An assessment of the capability of joint forces to conduct joint electromagnetic spectrum operations against near-peer adversaries and any capability or capacity gaps in such capability that need to be addressed, including an assessment of the ability of joint forces to conduct coordinated military operations to exploit, attack, protect, and manage the electromagnetic environment in the signals intelligence, electronic warfare, and spectrum management mission areas, including the capability to conduct integrated cyber and electronic warfare on the battlefield, for all level 3 and level 4 contingency plans (as such plans are described in Joint Publication 5-0 of the Joint Chiefs of Staff, entitled 'Joint Planning' and dated June 16, 2017).
"(E) A review of the roles and functions of offices within the Joint Staff, the Office of the Secretary of Defense, and the combatant commands with primary responsibility for joint electromagnetic spectrum policy and operations.
"(F) A description of any assumptions about the roles and contributions of the Department, in coordination with other departments and agencies of the United States Government, with respect to the strategy.
"(G) A description of actions, performance metrics, and projected timelines for achieving key capabilities for electronic warfare and joint electromagnetic spectrum operations to correspond to the thematic goals identified in the strategy and as addressed by the roadmap.
"(H) An analysis of any personnel, resourcing, capability, authority, or other gaps to be addressed in order to ensure effective implementation of the strategy across all relevant elements of the Department, including an update on each of the following:
"(i) The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations.
"(ii) The establishment and operation of joint electromagnetic spectrum operations cells at combatant command locations.
"(iii) The integration and synchronization of cyber and electromagnetic activities.
"(I) An investment framework and projected timeline for addressing any gaps described by subparagraph (H).
"(J) In consultation with the Director of the Defense Intelligence Agency—
"(i) comprehensive assessments of the electronic warfare capabilities of the Russian Federation and the People's Republic of China, which shall include—
"(I) electronic warfare doctrine;
"(II) order of battle on land, sea, air, space, and cyberspace; and
"(III) expected direction of technology and research over the next 10 years; and
"(ii) a review of vulnerabilities with respect to electronic systems, such as the Global Positioning System, and Department-wide abilities to conduct countermeasures in response to electronic warfare attacks.
"(K) A review of the sufficiency of experimentation, testing, and training infrastructure, ranges, instrumentation, and threat simulators required to support the development of electromagnetic spectrum capabilities.
"(L) A plan, and the estimated cost and schedule of implementing the plan, to conduct joint campaign modeling and wargaming for joint electromagnetic spectrum operations.
"(M) Any other matters as the Secretary considers appropriate.
"(4)
"(5)
"(e)
United States Policy With Respect to Freedom of Navigation and Overflight
Pub. L. 115–232, div. A, title X, §1086, Aug. 13, 2018, 132 Stat. 1992, provided that:
"(a)
"(b)
"(1) plan and execute a robust series of routine and regular air and naval presence missions throughout the world and throughout the year, including for critical transportation corridors and key routes for global commerce;
"(2) in addition to the missions executed pursuant to paragraph (1), execute routine and regular air and maritime freedom of navigation operations throughout the year, in accordance with international law, including, but not limited to, maneuvers beyond innocent passage; and
"(3) to the maximum extent practicable, execute the missions pursuant to paragraphs (1) and (2) with regional partner countries and allies of the United States."
Report on Military and Coercive Activities of the People's Republic of China in South China Sea
Pub. L. 115–232, div. A, title XII, §1262, Aug. 13, 2018, 132 Stat. 2061, provided that:
"(a)
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(e)
"(1) the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives]; and
"(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives."
Strategic Plan To Improve Capabilities of Department of Defense Training Ranges and Installations
Pub. L. 115–232, div. B, title XXVIII, §2862, Aug. 13, 2018, 132 Stat. 2283, provided that:
"(a)
"(b)
"(1) The adequacy of current training range resources to include the ability to train against near-peer or peer threats in a realistic 5th Generation environment.
"(2) The adequacy of current training enablers to meet current and anticipated demands of the Armed Forces.
"(c)
"(1) An integrated priority list of location-specific proposals and/or infrastructure project priorities, with associated Department of Defense Form 1391 documentation, required to both address any limitations or constraints on current Department resources, including any climatically induced impacts or shortfalls, and achieve full spectrum training (integrating virtual and constructive entities into live training) against a more technologically advanced peer adversary.
"(2) Goals and milestones for tracking actions under the plan and measuring progress in carrying out such actions.
"(3) Projected funding requirements for implementing actions under the plan.
"(d)
"(e)
"(1) A description of the strategic plan.
"(2) A description of the results of the evaluation conducted under subsection (b).
"(3) Such recommendations as the Secretary considers appropriate with respect to improvements of the capabilities of training ranges and enablers.
"(f)
"(1) A description of the progress made during the preceding fiscal year in implementing the strategic plan.
"(2) A description of any additional actions taken, or to be taken, to address limitations and constraints on training ranges and enablers.
"(3) Assessments of individual training ranges addressing the evaluation conducted under subsection (b).
"(g)
Improvement of Update Process for Populating Mission Data Files Used in Advanced Combat Aircraft
Pub. L. 115–91, div. A, title II, §224, Dec. 12, 2017, 131 Stat. 1334, provided that:
"(a)
"(1)
"(2)
"(A) That under such process, updates to the mission data files are developed, operationally tested, and loaded onto systems of advanced combat aircraft while in theaters of operation in a time-sensitive manner to allow for the distinguishing of threats, including distinguishing friends from foes, loading and delivery of weapon suites, and coordination with allied and coalition armed forces.
"(B) When updates are made to the mission data files, all areas of responsibility (AoRs) are included.
"(C) The process includes best practices relating to such mission data files that have been identified by industry and allies of the United States.
"(D) The process improves the exchange of information between weapons systems of the United States and weapon systems of allies and partners of the United States, with respect to such mission data files.
"(b)
"(c)
Department of Defense Engagement With Covered Non-Federal Entities
Pub. L. 115–91, div. A, title X, §1088, Dec. 12, 2017, 131 Stat. 1604, provided that:
"(a)
"(b)
"(1) applicable law, as in effect on the date of the enactment of this Act;
"(2) Department of Defense guidance with respect to solicitation and preferential treatment, as in effect on the date of the enactment of this Act, including such guidance specified in the Department of Defense Joint Ethics Regulations; and
"(3) the principle that the Department of State and the United States Agency for International Development are the principal United States agencies with primary responsibility for providing and coordinating humanitarian and economic assistance.
"(c)
"(d)
"(1) is based in the United States;
"(2) has an independent board of directors and is subject to independent financial audits;
"(3) is substantially privately-funded;
"(4) is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] and is exempt from taxation under section 501(a) of such Code [26 U.S.C. 501(a)];
"(5) provides international assistance; and
"(6) has a stated mission of supporting United States military missions abroad."
Notice to Congress of Terms of Department of Defense Settlement Agreements
Pub. L. 115–91, div. A, title X, §1096, Dec. 12, 2017, 131 Stat. 1614, provided that:
"(a)
"(b)
Strategy To Counter Threats by the Russian Federation
Pub. L. 115–91, div. A, title XII, §1239, Dec. 12, 2017, 131 Stat. 1666, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) An evaluation of strategic objectives and motivations of the Russian Federation.
"(B) A detailed description of Russian threats to the national security of the United States, including threats that may pose challenges below the threshold of armed conflict.
"(C) A discussion of how the strategy complements the National Defense Strategy and the National Military Strategy.
"(D) A discussion of the ends, ways, and means inherent to the strategy.
"(E) A discussion of the strategy's objectives with respect to deterrence, escalation control, and conflict resolution.
"(F) A description of the military activities across geographic regions and military functions and domains that are inherent to the strategy.
"(G) A description of the posture, forward presence, and readiness requirements inherent to the strategy.
"(H) A description of the roles of the United States Armed Forces in implementing the strategy, including—
"(i) the role of United States nuclear capabilities;
"(ii) the role of United States space capabilities;
"(iii) the role of United States cyber capabilities;
"(iv) the role of United States conventional ground forces;
"(v) the role of United States naval forces;
"(vi) the role of United States air forces; and
"(vii) the role of United States special operations forces.
"(I) An assessment of the force requirements needed to implement and sustain the strategy.
"(J) A description of the logistical requirements needed to implement and sustain the strategy.
"(K) An assessment of the technological research and development requirements needed to implement and sustain the strategy.
"(L) An assessment of the training and exercise requirements needed to implement and sustain the strategy.
"(M) An assessment of the budgetary resource requirements needed to implement and sustain the strategy through December 31, 2030.
"(N) An analysis of the adequacy of current authorities and command structures for countering unconventional warfare.
"(O) Recommendations for improving the counter-unconventional warfare capabilities, authorities, and command structures of the Department of Defense.
"(P) A discussion of how the strategy provides a framework for future planning and investments in regional defense initiatives, including the European Deterrence Initiative.
"(Q) A plan to increase conventional precision strike weapon stockpiles in the United States European Command's areas of responsibility, which shall include necessary increases in the quantities of such stockpiles that the Secretary of Defense determines will enhance deterrence and warfighting capability of the North Atlantic Treaty Organization forces.
"(R) A plan to counter the military capabilities of the Russian Federation, which, in addition to elements the Secretary of Defense determines to be appropriate, shall include recommendations for—
"(i) improving the capability of United States Armed Forces to operate in a Global Positioning System (GPS)-denied or GPS-degraded environment;
"(ii) improving the capability of United States Armed Forces to counter Russian unmanned aircraft systems, electronic warfare, and long-range precision strike capabilities; and
"(iii) countering unconventional capabilities and hybrid threats from the Russian Federation.
"(3)
Cultural Heritage Protection Coordinator
Pub. L. 115–91, div. A, title XII, §1279C, Dec. 12, 2017, 131 Stat. 1702, provided that: "Not later than 90 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall designate an employee of the Department of Defense to serve concurrently as the Coordinator for Cultural Heritage Protection, who shall be responsible for—
"(1) coordinating the existing obligations of the Department of Defense for the protection of cultural heritage, including the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and other obligations for the protection of cultural heritage; and
"(2) coordinating with the Cultural Heritage Coordinating Committee convened by the Secretary of State for the national security interests of the United States, as appropriate."
Exception to Limitation Against Appointment of Persons as Secretary of Defense Within Seven Years of Relief From Active Duty as Regular Commissioned Officers of the Armed Forces
Pub. L. 115–2, §1, Jan. 20, 2017, 131 Stat. 6, provided for an exception to the seven-year limitation under subsec. (a) of this section for the first person appointed as Secretary of Defense after Jan. 20, 2017.
Pilot Program on Modernization and Fielding of Electromagnetic Spectrum Warfare Systems and Electronic Warfare Capabilities
Pub. L. 114–328, div. A, title II, §234, Dec. 23, 2016, 130 Stat. 2064, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(1) The term 'electromagnetic spectrum warfare' means electronic warfare that encompasses military communications and sensing operations that occur in the electromagnetic operational domain.
"(2) The term 'electronic warfare' means military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy."
Improved Department of Defense Prevention of and Response to Hazing in the Armed Forces
Pub. L. 114–328, div. A, title V, §549, Dec. 23, 2016, 130 Stat. 2129, provided that:
"(a)
"(b)
"(c)
"(1)
"(A) to prevent and to respond to incidents of hazing involving members of the Armed Forces;
"(B) to track and encourage reporting, including reporting anonymously, incidents of hazing in the Armed Force; and
"(C) to ensure the consistent implementation of anti-hazing policies.
"(2)
Use of Transportation Worker Identification Credential To Gain Access at Department of Defense Installations
Pub. L. 114–328, div. A, title X, §1050, Dec. 23, 2016, 130 Stat. 2396, provided that:
"(a)
"(b)
Notification on the Provision of Defense Sensitive Support
Pub. L. 114–328, div. A, title X, §1055, Dec. 23, 2016, 130 Stat. 2399, as amended by Pub. L. 115–232, div. A, title X, §1042, Aug. 13, 2018, 132 Stat. 1956, provided that:
"(a)
"(1) is consistent with the mission and functions of the Department of Defense;
"(2) does—
"(A) not significantly interfere with the mission or functions of the Department; or
"(B) interfere with the mission and functions of the Department of Defense but such support is in the national security interest of the United States; and
"(3) has been requested by the head of a non-Department of Defense Federal department or agency who has certified to the Secretary that the department or agency has reasonably attempted to use capabilities and resources internal to the department or agency.
"(b)
"(1)
"(2)
"(A) A description of the support to be provided.
"(B) A description of how the support is consistent with the mission and functions of the Department.
"(C) A description of how the support—
"(i) does not significantly interfere with the mission or functions of the Department; or
"(ii) significantly interferes with the mission or functions of the Department but is in the national security interest of the United States.
"(3)
"(A) may provide notification under paragraph (1) after providing the support; and
"(B) shall provide such notice as soon as practicable after providing such support, but not later than 48 hours after providing the support.
"(4)
"(c)
Women's Military Service Memorials and Museums
Pub. L. 115–91, div. A, title III, §342, Dec. 12, 2017, 131 Stat. 1361, provided that:
"(a)
"(b)
"(1) preserving the history of the 3,000,000 women who have served in the United States Armed Forces;
"(2) managing an archive of artifacts, historic memorabilia, and documents related to servicewomen;
"(3) maintaining a women veterans' oral history program; and
"(4) conducting other educational programs related to women in service."
Pub. L. 114–328, div. B, title XXVIII, §2833, Dec. 23, 2016, 130 Stat. 2740, provided that:
"(a)
"(b)
Strategic Framework for Department of Defense Security Cooperation
Pub. L. 114–92, div. A, title XII, §1202, Nov. 25, 2015, 129 Stat. 1036, provided that:
"(a)
"(1)
"(2)
"(A) Discussion of the strategic goals of Department of Defense security cooperation programs, overall and by combatant command, and the extent to which these programs—
"(i) support broader strategic priorities of the Department of Defense; and
"(ii) complement and are coordinated with Department of State security assistance programs to achieve United States Government goals globally, regionally, and, if appropriate, within specific programs.
"(B) Identification of the primary objectives, priorities, and desired end-states of Department of Defense security cooperation programs.
"(C) Identification of challenges to achieving the primary objectives, priorities, and desired end-states identified under subparagraph (B), including—
"(i) constraints on Department of Defense resources, authorities, and personnel;
"(ii) partner nation variables and conditions, such as political will, absorptive capacity, corruption, and instability risk, that impact the likelihood of a security cooperation program achieving its primary objectives, priorities, and desired end-states;
"(iii) constraints or limitations due to bureaucratic impediments, interagency processes, or congressional requirements;
"(iv) validation of requirements; and
"(v) assessment, monitoring, and evaluation.
"(D) A methodology for assessing the effectiveness of Department of Defense security cooperation programs in making progress toward achieving the primary objectives, priorities, and desired end-states identified under subparagraph (B), including an identification of key benchmarks for such progress.
"(E) Any other matters the Secretary of Defense determines appropriate.
"(3)
"(b)
"(1)
"(2)
"(3)
"(A) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and
"(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
"(c)
Role of Secretary of Defense in Development of Gender-Neutral Occupational Standards
Pub. L. 113–291, div. A, title V, §524(a), Dec. 19, 2014, 128 Stat. 3361, as amended by Pub. L. 114–92, div. A, title V, §525, Nov. 25, 2015, 129 Stat. 813, provided that: "The Secretary of Defense shall ensure that the gender-neutral occupational standards being developed by the Secretaries of the military departments pursuant to section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 113 note), as amended by section 523 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 756)—
"(1) accurately predict performance of actual, regular, and recurring duties of a military occupation;
"(2) are applied equitably to measure individual capabilities; and
"(3) measure the combat readiness of combat units, including special operations forces."
Female Personal Protection Gear
Pub. L. 113–291, div. A, title V, §524(b), Dec. 19, 2014, 128 Stat. 3362, provided that: "The Secretary of Defense shall direct each Secretary of a military department to take immediate steps to ensure that combat equipment distributed to female members of the Armed Forces—
"(1) is properly designed and fitted; and
"(2) meets required standards for wear and survivability."
Office of Net Assessment
Pub. L. 113–291, div. A, title IX, §904, Dec. 19, 2014, 128 Stat. 3471, provided that:
"(a)
"(b)
Clarification of Policies on Management of Special Use Airspace of Department of Defense
Pub. L. 113–291, div. A, title X, §1076, Dec. 19, 2014, 128 Stat. 3519, required the Secretary of Defense to issue guidance, no later than 90 days after Dec. 19, 2014, to clarify the policies of the Department with respect to special use airspace and to provide a briefing, no later than 120 days after Dec. 19, 2014, on the status of implementing the guidance.
Provision of Military Service Records to the Secretary of Veterans Affairs in an Electronic Format
Pub. L. 113–66, div. A, title V, §525, Dec. 26, 2013, 127 Stat. 757, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(1) service treatment records;
"(2) accompanying personal records;
"(3) relevant unit records; and
"(4) medical records created by reason of treatment or services received pursuant to chapter 55 of title 10, United States Code."
Strategy for Future Military Information Operations Capabilities
Pub. L. 113–66, div. A, title X, §1096, Dec. 26, 2013, 127 Stat. 880, provided that:
"(a)
"(b)
"(1) A plan for the sustainment of existing capabilities that have been developed during the ten-year period prior to the date of the enactment of this Act, including such capabilities developed using funds authorized to be appropriated for overseas contingency operations determined to be of enduring value for continued sustainment.
"(2) A discussion of how the capabilities referred to in paragraph (1) are integrated into policy, doctrine, and operations.
"(3) An assessment of the force structure that is required to sustain operational planning and potential contingency operations, including the integration across the active and reserve components.
"(4) Estimates of the steady-state resources needed to support the force structure referred to in paragraph (3), as well as estimates for resources that might be needed based on selected operational plans, contingency plans, and named operations.
"(5) An assessment of the impact of how new and emerging technologies can be incorporated into policy, doctrine, and operations.
"(6) A description of ongoing research into new capabilities that may be needed to fill any identified gaps and programs that might be required to develop such capabilities.
"(7) Potential policy implications or legal challenges that may prevent the integration of new and emerging technologies into the projected force structure.
"(8) Potential policy implications or challenges to the better leveraging of capabilities from interagency partners."
Prohibition of Retaliation Against Members of the Armed Forces for Reporting a Criminal Offense
Pub. L. 113–66, div. A, title XVII, §1709(a), (b), Dec. 26, 2013, 127 Stat. 962, as amended by Pub. L. 113–291, div. A, title X, §1071(g)(5), Dec. 19, 2014, 128 Stat. 3511, required the prescription, no later than 120 days after Dec. 26, 2013, of regulations prohibiting retaliation against an alleged victim or other member of the Armed Forces who reports a criminal offense.
Review and Policy Regarding Department of Defense Investigative Practices in Response to Allegations of Uniform Code of Military Justice Violations
Pub. L. 113–66, div. A, title XVII, §1732, Dec. 26, 2013, 127 Stat. 975, required a review, by no later than 180 days after Dec. 26, 2013, of the practices of the military criminal investigative organizations in response to allegations of Uniform Code of Military Justice violations and required the development of a uniform policy regarding the use of case determinations to record the results of investigations of such allegations.
Designation of Department of Defense Senior Official for Enterprise Resource Planning System Data Conversion
Pub. L. 112–239, div. A, title IX, §903, Jan. 2, 2013, 126 Stat. 1866, directed the designation, by no later than 90 days after Jan. 2, 2013, of a Department of Defense senior official with principal responsibility for coordination and management oversight of data conversion for all enterprise resource planning systems of the Department.
Electronic Warfare Strategy of the Department of Defense
Pub. L. 112–239, div. A, title X, §1061(a), (b), Jan. 2, 2013, 126 Stat. 1939, directed the Secretary of Defense to review and update guidance related to electronic warfare and directed the Commander of the United States Strategic Command to update and issue guidance regarding the responsibilities of the Command with regard to joint electronic warfare capabilities.
United States Participation in Headquarters Eurocorps
Pub. L. 112–239, div. A, title XII, §1275, Jan. 2, 2013, 126 Stat. 2027, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(1) A certification by the Secretary of Defense that the participation of more than two members of the Armed Forces in Headquarters Eurocorps is in the national interests of the United States.
"(2) A description of the benefits of the participation of the additional members proposed by the Secretary.
"(3) A description of the plans for the participation of the additional members proposed by the Secretary, including the grades and posts to be filled.
"(4) A description of the costs associated with the participation of the additional members proposed by the Secretary.
"(d)
"(e)
"(1)
"(A) To pay the United States' share of the operating expenses of Headquarters Eurocorps.
"(B) To pay the costs of the participation of members of the Armed Forces participating as members of the staff of Headquarters Eurocorps, including the costs of expenses of such participants.
"(2)
"(f)
Strategy to Counter Improvised Explosive Devices in Pakistan and Afghanistan
Pub. L. 112–87, title V, §503, Jan. 3, 2012, 125 Stat. 1896, directed the establishment of a strategy to identify and counter network activity and operations in Pakistan and Afghanistan regarding improvised explosive devices and required a report and implementation of the strategy no later than 120 days after Jan. 3, 2012.
Designation of Department of Defense Senior Official With Principal Responsibility for Airship Programs
Pub. L. 112–81, div. A, title IX, §903, Dec. 31, 2011, 125 Stat. 1532, directed the Secretary of Defense to designate an official to have principal responsibility for the airship programs of the Department and to set forth the responsibilities of that official by no later than 180 days after Dec. 31, 2011.
Authority To Support Operations and Activities of the Office of Security Cooperation in Iraq
Pub. L. 112–81, div. A, title XII, §1215, Dec. 31, 2011, 125 Stat. 1631, as amended by Pub. L. 112–239, div. A, title XII, §1211(a)–(c), Jan. 2, 2013, 126 Stat. 1982; Pub. L. 113–66, div. A, title XII, §1214(a)–(c), Dec. 26, 2013, 127 Stat. 906; Pub. L. 113–291, div. A, title XII, §1237, Dec. 19, 2014, 128 Stat. 3562; Pub. L. 114–92, div. A, title XII, §1221, Nov. 25, 2015, 129 Stat. 1047; Pub. L. 114–328, div. A, title XII, §1223, Dec. 23, 2016, 130 Stat. 2486; Pub. L. 115–91, div. A, title XII, §1224(a), (b)(1), (c), Dec. 12, 2017, 131 Stat. 1654; Pub. L. 115–232, div. A, title XII, §1235(a), (b)(1), (c), Aug. 13, 2018, 132 Stat. 2041, 2042, provided that:
"(a)
"(1) Operations and activities of the Office of Security Cooperation in Iraq.
"(2) Operations and activities of security assistance teams in Iraq.
"(b)
"(c)
"(d)
"(e)
"(f)
"(1)
"(A) Defense institution building to mitigate capability gaps and promote effective and sustainable defense institutions.
"(B) Professionalization, strategic planning and reform, financial management, manpower management, and logistics management of military and other security forces with a national security mission.
"(2)
"(A) Observance of and respect for human rights and fundamental freedoms.
"(B) Military professionalism.
"(C) Respect for legitimate civilian authority within Iraq.
"(g)
"(1)
"(2)
"(A) A current description of capability gaps in the security forces of Iraq, including capability gaps relating to intelligence matters, protection of Iraq airspace, and logistics and maintenance, and a current description of the extent, if any, to which the Government of Iraq has requested assistance in addressing such capability gaps.
"(B) A current description of the activities of the Office of Security Cooperation in Iraq and the extent, if any, to which the programs conducted by the Office in conjunction with other United States programs (such as the Foreign Military Financing program, the Foreign Military Sales program, and the assistance provided pursuant to section 1236 of the Carl Levin and Howard P. 'Buck' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291 [128 Stat. 3558])) will address the capability gaps described pursuant to subparagraph (A).
"(C) A current description of how the activities of the Office of Security Cooperation in Iraq are coordinated with, and complement and enhance, the assistance provided pursuant to section 1236 of the Carl Levin and Howard P. 'Buck' McKeon National Defense Authorization Act for Fiscal Year 2015.
"(D) A current description of end use monitoring programs, and any other programs or procedures, used to improve accountability for equipment provided to the Government of Iraq.
"(E) A current description of the measures of effectiveness used to evaluate the activities of the Office of the Security Cooperation in Iraq, and an analysis of any determinations to expand, alter, or terminate specific activities of the Office based on such evaluations.
"(F) A current evaluation of the effectiveness of the training described in subsection (f)(2) in promoting respect for human rights, military professionalism, and respect for legitimate civilian authority in Iraq.
"(3)
"(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
"(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives."
[Section 1235(b)(1)(B) and (c) of Pub. L. 115–232 made identical amendment to subsec. (d) of section 1215 of Pub. L. 112–81, set out above.]
Counter-Improvised Explosive Device Initiatives Database
Pub. L. 111–383, div. A, title I, §124, Jan. 7, 2011, 124 Stat. 4159, provided that:
"(a)
"(1)
"(2)
"(A) identify and eliminate redundant counter-improvised explosive device initiatives;
"(B) facilitate the transition of counter-improvised explosive device initiatives from funding under the Joint Improvised Explosive Device Defeat Fund to funding provided by the military departments; and
"(C) notify the appropriate personnel and organizations prior to a counter-improvised explosive device initiative being funded through the Joint Improvised Explosive Device Defeat Fund.
"(3)
"(b)
"(1) develop appropriate means to measure the effectiveness of counter-improvised explosive device initiatives; and
"(2) prioritize the funding of such initiatives according to such means.
"(c)
Programs to Commemorate Anniversaries of the Korean War
Pub. L. 111–383, div. A, title V, §574, Jan. 7, 2011, 124 Stat. 4223, authorized the Secretary of Defense to conduct a program to commemorate the 60th anniversary of the Korean War, authorized the establishment of a Department of Defense Korean War Commemoration Fund, and directed the Inspector General of the Department of Defense to submit to Congress a report containing an accounting of various funds no later than 60 days after the end of the commemorative program.
Pub. L. 105–85, div. A, title X, §1083, Nov. 18, 1997, 111 Stat. 1918, as amended by Pub. L. 105–129, §1(b)(1), Dec. 1, 1997, 111 Stat. 2551; Pub. L. 105–261, div. A, title X, §1067(a), (c), Oct. 17, 1998, 112 Stat. 2134; Pub. L. 106–65, div. A, title X, §1052(a), (b)(1), (c), Oct. 5, 1999, 113 Stat. 764; Pub. L. 107–107, div. A, title X, §1048(g)(6), (i)(1), Dec. 28, 2001, 115 Stat. 1228, 1229; Pub. L. 107–314, div. A, title X, §1069, Dec. 2, 2002, 116 Stat. 2660, authorized the Secretary of Defense to conduct a program to commemorate the 50th anniversary of the Korean War during fiscal years 2000 through 2004, provided that up to $10,000,000 of funds appropriated for the Army for such fiscal years be made available for the program, and directed the Secretary to submit to Congress a report containing an accounting not later than 60 days after completion of all activities and ceremonies.
Report on Organizational Structure and Policy Guidance of the Department of Defense Regarding Information Operations
Pub. L. 111–383, div. A, title IX, §943, Jan. 7, 2011, 124 Stat. 4341, required a report on the organizational structure and policy guidance of the Department of Defense with respect to information operations to be submitted to Congress no later than 90 days after Jan. 7, 2011, and a revised directive on information operations to be prescribed upon submittal of the report.
Biennial Report on Nuclear Triad
Pub. L. 111–383, div. A, title X, §1054, Jan. 7, 2011, 124 Stat. 4358, which provided that, not later than March 1 of each even-numbered year, beginning March 1, 2012, the Secretary of Defense was to submit to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives a report on the nuclear triad, was repealed by Pub. L. 115–91, div. A, title X, §1051(p)(4), Dec. 12, 2017, 131 Stat. 1565.
Treatment of Successor Contingency Operation to Operation Iraqi Freedom
Pub. L. 111–383, div. A, title X, §1077, Jan. 7, 2011, 124 Stat. 4379, provided that: "Any law applicable to Operation Iraqi Freedom shall apply in the same manner and to the same extent to the successor contingency operation known as Operation New Dawn, except as specifically provided in this Act [see Tables for classification], any amendment made by this Act, or any other law enacted after the date of the enactment of this Act [Jan. 7, 2011]."
Policy and Requirements To Ensure the Safety of Facilities, Infrastructure, and Equipment for Military Operations
Pub. L. 111–84, div. A, title VIII, §807, Oct. 28, 2009, 123 Stat. 2404, provided that:
"(a)
"(b)
"(1) ensure that each contract or task or delivery order entered into for the construction, installation, repair, maintenance, or operation of facilities for use by military or civilian personnel of the Department complies with the policy established in subsection (a);
"(2) ensure that contracts entered into prior to the date that is 60 days after the date of the enactment of this Act comply with such policy to the maximum extent practicable;
"(3) define the term 'generally accepted standards' with respect to fire protection, structural integrity, electrical systems, plumbing, water treatment, waste disposal, and telecommunications networks for the purposes of this section; and
"(4) provide such exceptions and limitations as may be needed to ensure that this section can be implemented in a manner that is consistent with the requirements of military operations and the best interests of the Department of Defense."
Defense Integrated Military Human Resources System Development and Transition
Pub. L. 111–84, div. A, title IX, §932, Oct. 28, 2009, 123 Stat. 2433, as amended by Pub. L. 113–291, div. A, title IX, §901(n)(1), Dec. 19, 2014, 128 Stat. 3469; Pub. L. 115–91, div. A, title X, §1081(b)(1)(D), Dec. 12, 2017, 131 Stat. 1597, established a Defense Integrated Military Human Resources System development and transition Council to provide advice on the modernization of the integrated pay and personnel systems, required a report to Congress on actions taken, and went out of effect after Sept. 30, 2013.
Annual Report on Military Power of Iran
Pub. L. 111–84, div. A, title XII, §1245, Oct. 28, 2009, 123 Stat. 2542, as amended by Pub. L. 113–66, div. A, title XII, §1232(a), Dec. 26, 2013, 127 Stat. 920; Pub. L. 113–291, div. A, title XII, §1277, Dec. 19, 2014, 128 Stat. 3592; Pub. L. 114–92, div. A, title XII, §1231(a)–(d), Nov. 25, 2015, 129 Stat. 1057, 1058; Pub. L. 114–328, div. A, title XII, §1225(a), Dec. 23, 2016, 130 Stat. 2487; Pub. L. 115–91, div. A, title XII, §1225(a), Dec. 12, 2017, 131 Stat. 1655; Pub. L. 115–232, div. A, title XII, §1236, Aug. 13, 2018, 132 Stat. 2042, provided that:
"(a)
"(b)
"(1) A description and assessment of Iranian grand strategy, security strategy, and military strategy, including—
"(A) the goals of Iran's grand strategy, security strategy, and military strategy.
"(B) trends in Iran's strategy that would be designed to establish Iran as the leading power in the Middle East and to enhance the influence of Iran in other regions of the world;
"(C) Iranian strategy regarding other countries in the region, including other specified countries; and
"(D) Iranian strategy regarding offensive cyber capabilities and defensive cyber capabilities.
"(2) An assessment of the capabilities of Iran's conventional forces, including—
"(A) the size and capabilities of Iran's conventional forces;
"(B) an analysis of the effectiveness of Iran's conventional forces when facing United States forces in the region and other specified countries;
"(C) a description of Iranian military doctrine; and
"(D) an estimate of the funding provided for each branch of Iran's conventional forces.
"(3) An assessment of Iran's unconventional forces and related activities, including—
"(A) the size and capability of Iranian special operations units, including the Iranian Revolutionary Guard Corps–Quds Force;
"(B) the types and amount of support, including funding, lethal and non-lethal supplies, and training, provided to groups designated by the United States as foreign terrorist organizations and regional militant groups, including Hezbollah, Hamas, the Houthis, and the Special Groups in Iraq, in particular those forces as having been assessed as to be willing to carry out terrorist operations on behalf of Iran or in response to a military attack by another country on Iran;
"(C) an analysis of the effectiveness of Iran's unconventional forces when facing United States forces in the region and other specified countries in the region;
"(D) an estimate of the amount of funds spent by Iran to develop and support special operations forces and terrorist groups;
"(E) a description of the structure of Iran's global network of terrorist and criminal groups and an analysis of the capability of such network of groups and how such network of groups operates to support and reinforce Iran's grand strategy;
"(F) Iran's cyber capabilities, including—
"(i) Iran's ability to use proxies and other actors to mask its cyber operations;
"(ii) Iran's ability to target United States governmental and nongovernmental entities and activities; and
"(iii) cooperation with or assistance from state and non-state actors in support or enhancement of Iran's cyber capabilities;
"(G) Iranian ability to manipulate the information environment both domestically and against the interests of the United States and its allies.
"(4) An assessment of Iranian capabilities related to nuclear and missile forces, including—
"(A) a summary of nuclear weapons capabilities and developments in the preceding year;
"(B) a summary of the capabilities of Iran's ballistic missile forces, including developments in the preceding year, the size of Iran's ballistic missile forces and Iran's cruise missile forces, and the locations of missile launch sites;
"(C) a detailed analysis of the effectiveness of Iran's ballistic missile forces and Iran's cruise missile forces when facing United States forces in the region and other specified countries; and
"(D) an estimate of the amount of funding expended by Iran since 2004 on programs to develop a capability to build nuclear weapons or to enhance Iran's ballistic missile forces.
"(5) An assessment of transfers to and from Iran of military equipment, technology, and training from or to non-Iranian sources or destinations, including transfers that pertain to nuclear development, ballistic missiles, and chemical, biological, and advanced conventional weapons, weapon systems, and delivery vehicles.
"(6) An assessment of the use of civilian transportation assets and infrastructure, including commercial aircraft, airports, commercial vessels, and seaports, used to transport illicit military cargo to or from Iran, including military personnel, military goods, weapons, military-related electric parts, and related components.
"(7) An assessment of military-to-military cooperation between Iran and foreign counties [sic], including Cuba, North Korea, Pakistan, the Russian Federation, Sudan, Syria, Venezuela, and any other country designated by the Secretary of Defense with additional reference to cooperation and collaboration on the trafficking or development of nuclear, biological, chemical, and advanced conventional weapons, weapon systems, and delivery vehicles.
"(8) An assessment of the extent to which the commercial aviation sector of Iran knowingly provides financial, material, or technological support to the Islamic Revolutionary Guard Corps, the Ministry of Defense and Armed Forces Logistics of Iran, the Bashar al-Assad regime, Hezbollah, Hamas, Kata'ib Hezbollah, or any other foreign terrorist organization.
"(c)
"(1)
"(A) means military forces of the Islamic Republic of Iran designed to conduct operations on sea, air, or land, other than Iran's unconventional forces and Iran's ballistic missile forces and Iran's cruise missile forces; and
"(B) includes Iran's Army, Iran's Air Force, Iran's Navy, and elements of the Iranian Revolutionary Guard Corps, other than the Iranian Revolutionary Guard Corps–Quds Force.
"(2)
"(A) means forces of the Islamic Republic of Iran that carry out missions typically associated with special operations forces; and
"(B) includes—
"(i) the Iranian Revolutionary Guard Corps–Quds Force; and
"(ii) any organization that—
"(I) has been designated a terrorist organization by the United States;
"(II) receives assistance from Iran; and
"(III)(aa) is assessed as being willing in some or all cases of carrying out attacks on behalf of Iran; or
"(bb) is assessed as likely to carry out attacks in response to a military attack by another country on Iran.
"(3)
"(4)
"(5)
"(d)
[Pub. L. 115–91, div. A, title XII, §1225(b), Dec. 12, 2017, 131 Stat. 1655, provided that: "The amendments made by this section [amending section 1245 of Pub. L. 111–84, set out above] shall take effect on the date of the enactment of this Act [Dec. 12, 2017], and shall apply with respect to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010 [Pub. L. 111–84] after that date."]
[Pub. L. 114–328, div. A, title XII, §1225(b), Dec. 23, 2016, 130 Stat. 2487, provided that: "The amendment made by subsection (a) [amending section 1245 of Pub. L. 111–84, set out above] shall take effect on January 1, 2018, and shall apply with respect to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010 [Pub. L. 111–84] on or after that date."]
[Pub. L. 114–92, div. A, title XII, §1231(e), Nov. 25, 2015, 129 Stat. 1058, provided that: "The amendments made by this section [amending section 1245 of Pub. L. 111–84, set out above] shall take effect on the date of the enactment of this Act [Nov. 25, 2015], and shall apply with respect to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010 [Pub. L. 111–84], as so amended, after that date."]
[Pub. L. 113–66, div. A, title XII, §1232(b), Dec. 26, 2013, 127 Stat. 920, provided that: "The amendments made by this section [amending section 1245 of Pub. L. 111–84, set out above] shall take effect on the date of the enactment of this Act [Dec. 26, 2013] and shall apply with respect to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010 [Pub. L. 111–84], as so amended, on or after that date."]
[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 1245 of Pub. L. 111–84, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.]
Requirement for Common Ground Stations and Payloads for Manned and Unmanned Aerial Vehicle Systems
Pub. L. 110–417, [div. A], title I, §144, Oct. 14, 2008, 122 Stat. 4382, required the establishment of a policy and an acquisition strategy for intelligence, surveillance, and reconnaissance payloads and ground stations for manned and unmanned aerial vehicle systems and submission of a report containing the policy and acquisition strategy no later than 120 days after Oct. 14, 2008.
Report on Command and Control Structure for Military Forces Operating in Afghanistan
Pub. L. 110–417, [div. A], title XII, §1216, Oct. 14, 2008, 122 Stat. 4633, as amended by Pub. L. 111–84, div. A, title XII, §1229, Oct. 28, 2009, 123 Stat. 2528, required a report on the command and control structure for military forces operating in Afghanistan to be submitted in December of 2008, with a subsequent update as warranted by any modifications to the command and control structure.
Program To Commemorate 50th Anniversary of the Vietnam War
Pub. L. 110–181, div. A, title V, §598, Jan. 28, 2008, 122 Stat. 141, provided that:
"(a)
"(b)
"(c)
"(1) To thank and honor veterans of the Vietnam War, including personnel who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans.
"(2) To highlight the service of the Armed Forces during the Vietnam War and the contributions of Federal agencies and governmental and non-governmental organizations that served with, or in support of, the Armed Forces.
"(3) To pay tribute to the contributions made on the home front by the people of the United States during the Vietnam War.
"(4) To highlight the advances in technology, science, and medicine related to military research conducted during the Vietnam War.
"(5) To recognize the contributions and sacrifices made by the allies of the United States during the Vietnam War.
"(d)
"(e)
"(1)
"(2)
"(3)
"(A) amounts appropriated to the Fund;
"(B) proceeds derived from the Secretary's use of the exclusive rights described in subsection (d);
"(C) donations made in support of the commemorative program by private and corporate donors; and
"(D) funds transferred to the Fund by the Secretary from funds appropriated for fiscal year 2008 and subsequent years for the Department of Defense.
"(4)
"(5)
"(A) identify and explain any amounts expended for the commemorative program in the fiscal year preceding the budget request;
"(B) identify and explain the amounts being requested to support the commemorative program for the fiscal year of the budget request; and
"(C) present a summary of the fiscal status of the Fund.
"(f)
"(1)
"(2)
"(g)
"(1)
"(A) all of the funds deposited into and expended from the Fund;
"(B) any other funds expended under this section; and
"(C) any unobligated funds remaining in the Fund.
"(2)
"(h)
"(i)
Proc. No. 8829, May 25, 2012, 77 F.R. 32875, provided:
As we observe the 50th anniversary of the Vietnam War, we reflect with solemn reverence upon the valor of a generation that served with honor. We pay tribute to the more than 3 million servicemen and women who left their families to serve bravely, a world away from everything they knew and everyone they loved. From Ia Drang to Khe Sanh, from Hue to Saigon and countless villages in between, they pushed through jungles and rice paddies, heat and monsoon, fighting heroically to protect the ideals we hold dear as Americans. Through more than a decade of combat, over air, land, and sea, these proud Americans upheld the highest traditions of our Armed Forces.
As a grateful Nation, we honor more than 58,000 patriots—their names etched in black granite—who sacrificed all they had and all they would ever know. We draw inspiration from the heroes who suffered unspeakably as prisoners of war, yet who returned home with their heads held high. We pledge to keep faith with those who were wounded and still carry the scars of war, seen and unseen. With more than 1,600 of our service members still among the missing, we pledge as a Nation to do everything in our power to bring these patriots home. In the reflection of The Wall, we see the military family members and veterans who carry a pain that may never fade. May they find peace in knowing their loved ones endure, not only in medals and memories, but in the hearts of all Americans, who are forever grateful for their service, valor, and sacrifice.
In recognition of a chapter in our Nation's history that must never be forgotten, let us renew our sacred commitment to those who answered our country's call in Vietnam and those who awaited their safe return. Beginning on Memorial Day 2012, the Federal Government will partner with local governments, private organizations, and communities across America to participate in the Commemoration of the 50th Anniversary of the Vietnam War—a 13-year program to honor and give thanks to a generation of proud Americans who saw our country through one of the most challenging missions we have ever faced. While no words will ever be fully worthy of their service, nor any honor truly befitting their sacrifice, let us remember that it is never too late to pay tribute to the men and women who answered the call of duty with courage and valor. Let us renew our commitment to the fullest possible accounting for those who have not returned. Throughout this Commemoration, let us strive to live up to their example by showing our Vietnam veterans, their families, and all who have served the fullest respect and support of a grateful Nation.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 28, 2012, through November 11, 2025, as the Commemoration of the 50th Anniversary of the Vietnam War. I call upon Federal, State, and local officials to honor our Vietnam veterans, our fallen, our wounded, those unaccounted for, our former prisoners of war, their families, and all who served with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of May, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-sixth.
Barack Obama.
Access to Military Installations
Pub. L. 115–232, div. A, title VI, §626, Aug. 13, 2018, 132 Stat. 1802, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(1) be applied consistently across the Department of Defense and the Department of Homeland Security, including all components of the Departments;
"(2) minimize any administrative burden on a surviving spouse or dependent child, including through the elimination of any requirement for a surviving spouse to apply as a personal agent for continued access to military installations in accompaniment of a dependent child;
"(3) take into account measures required to ensure the security of military installations, including purpose and eligibility for access and renewal periodicity; and
"(4) take into account such other factors as the Secretary of Defense or the Secretary of Homeland Security considers appropriate.
"(d)
"(e)
"(1) The term 'eligible surviving spouse' means an individual who is a surviving spouse of a covered member of the Armed Forces, without regard to whether the individual remarries after the death of the covered member of the Armed Forces.
"(2) The term 'covered member of the Armed Forces' means a member of the Armed Forces who dies while serving—
"(A) on active duty; or
"(B) on such reserve duty as the Secretary of Defense and the Secretary of Homeland Security may jointly specify for purposes of this section."
Pub. L. 114–328, div. A, title III, §346, Dec. 23, 2016, 130 Stat. 2085, as amended by Pub. L. 115–91, div. B, title XXVIII, §2819, Dec. 12, 2017, 131 Stat. 1853, provided that:
"(a)
"(b)
"(1) shall include the terms and conditions under which a covered driver may be authorized to access a military installation;
"(2) may require a transportation company or transportation network company and a covered driver to enter into a written agreement with the Department of Defense as a precondition for obtaining authorization to access a military installation;
"(3) shall be consistent across military installations, to the extent practicable;
"(4) shall be designed to promote the expeditious entry of covered drivers onto military installations for purposes of providing commercial transportation services;
"(5) shall place appropriate restrictions on entry into sensitive areas of military installations;
"(6) shall be designed, to the extent practicable, to give covered drivers access to barracks areas, housing areas, temporary lodging facilities, hospitals, and community support facilities;
"(7) shall require transportation companies and transportation network companies—
"(A) to track, in real-time, the location of the entry and exit of covered drivers onto and off of military installations; and
"(B) to provide, on demand, the information described in subparagraph (A) to appropriate personnel and agencies of the Department; and
"(8) shall take into account force protection requirements and ensure the protection and safety of members of the Armed Forces, civilian employees of the Department of Defense, and the families of such members and employees.
"(c)
"(1) is treated as confidential and proprietary information of the company that is exempt from public disclosure pursuant to section 552 of title 5, United States Code (commonly known as the 'Freedom of Information Act'); and
"(2) except as provided in subsection (b)(7), is not disclosed to any person or entity without the express written consent of the company unless disclosure of such information is required by a court order.
"(d)
"(1)
"(2)
"(A) means a corporation, partnership, sole proprietorship, or other entity, that uses a digital network to connect riders to covered drivers in order for the driver to transport the rider using a vehicle owned, leased, or otherwise authorized for use by the driver to a point chosen by the rider; and
"(B) does not include a shared-expense carpool or vanpool arrangement that is not intended to generate profit for the driver.
"(3)
"(A) means an individual—
"(i) who is an employee of a transportation company or transportation network company or who is affiliated with a transportation company or transportation network company; and
"(ii) who provides a commercial transportation service to a rider; and
"(B) includes a vehicle operated by such individual for the purpose of providing such service."
[Pub. L. 115–91, div. B, title XXVIII, §2819(4)(C), Dec. 12, 2017, 131 Stat. 1853, which directed the insertion of "or transportation network company" after "transportation company" in section 346(d)(3)(A)(i) of Pub. L. 114–328, set out above, was not executed in light of the amendment made by section 2819(2) of Pub. L. 115–91, which directed the same insertion wherever appearing in subsec. (d).]
Pub. L. 112–239, div. B, title XXVIII, §2812, Jan. 2, 2013, 126 Stat. 2150, required the Secretary of Defense to publish procedural requirements regarding access to military installations in the United States by individuals, including individuals performing work under a contract awarded by the Department of Defense, by no later than 180 days after Jan. 2, 2013.
Pub. L. 110–181, div. A, title X, §1069, Jan. 28, 2008, 122 Stat. 326, as amended by Pub. L. 110–417, [div. A], title X, §1059, Oct. 14, 2008, 122 Stat. 4611; Pub. L. 111–84, div. A, title X, §1073(c)(11), Oct. 28, 2009, 123 Stat. 2475, directed the Secretary of Defense to develop access standards applicable to all military installations in the United States by Feb. 1, 2009, submit the standards to Congress by Aug. 1, 2009, and implement the standards by Oct. 1, 2010.
Protection of Certain Individuals
Pub. L. 110–181, div. A, title X, §1074, Jan. 28, 2008, 122 Stat. 330, as amended by Pub. L. 113–66, div. A, title X, §1084(b)(2)(A), Dec. 26, 2013, 127 Stat. 872; Pub. L. 113–291, div. A, title X, §1046, Dec. 19, 2014, 128 Stat. 3494, which provided for protection of Department of Defense leadership and certain additional individuals within the military, Department of Defense, and certain foreign government representatives, was repealed by Pub. L. 114–328, div. A, title IX, §952(c)(3), Dec. 23, 2016, 130 Stat. 2375. See section 714 of this title.
Authority To Provide Automatic Identification System Data on Maritime Shipping to Foreign Countries and International Organizations
Pub. L. 110–181, div. A, title XII, §1208, Jan. 28, 2008, 122 Stat. 367, provided that:
"(a)
"(b)
"(1)
"(2)
Report on Support From Iran for Attacks Against Coalition Forces in Iraq
Pub. L. 110–181, div. A, title XII, §1225, Jan. 28, 2008, 122 Stat. 375, which required the Secretary of Defense, in coordination with the Director of National Intelligence, to submit to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives reports describing and assessing any support provided to anti-coalition forces in Iraq by Iran or its agents, the strategy and ambitions in Iraq of Iran, and any strategy or efforts by the United States to counter the activities of agents of Iran in Iraq, was repealed by Pub. L. 111–383, div. A, title XII, §1233(f)(2), Jan. 7, 2011, 124 Stat. 4397.
Requirement for Secretary of Defense To Prepare Plan for Response to Natural Disasters and Terrorist Events
Pub. L. 110–181, div. A, title XVIII, §1814, Jan. 28, 2008, 122 Stat. 498, required, by June 1, 2008, the preparation and submission to Congress of a plan for coordinating the use of the National Guard and members of the Armed Forces on active duty when responding to natural disasters, acts of terrorism, and certain other disasters and submission of an update of the plan by June 1, 2010.
Determination of Department of Defense Civil Support Requirements
Pub. L. 110–181, div. A, title XVIII, §1815(a)–(d), Jan. 28, 2008, 122 Stat. 499, provided that:
"(a)
"(b)
"(1)
"(A) The military-unique capabilities determined under subsection (a).
"(B) Any additional capabilities determined by the Secretary to be necessary to support the use of the active components and the reserve components of the Armed Forces for homeland defense missions, domestic emergency responses, and providing military support to civil authorities.
"(2)
"(c)
"(d)
"(1) The term 'military-unique capabilities' means those capabilities that, in the view of the Secretary of Defense—
"(A) cannot be provided by other Federal, State, or local civilian agencies; and
"(B) are essential to provide support to civil authorities in an incident of national significance or a catastrophic incident.
"(2) The term 'defense budget materials', with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year."
Military Severely Injured Center
Pub. L. 109–364, div. A, title V, §564, Oct. 17, 2006, 120 Stat. 2222, provided that:
"(a)
"(b)
"(c)
"(1) The Army Wounded Warrior Support Program.
"(2) The Navy Safe Harbor Program.
"(3) The Palace HART Program of the Air Force.
"(4) The Marine for Life Injured Support Program of the Marine Corps.
"(d)
"(1)
"(2)
"(e)
Pub. L. 109–163, div. A, title V, §563, Jan. 6, 2006, 119 Stat. 3269, provided that:
"(a)
"(1)
"(2)
"(3)
"(A) the experience and best practices of the military departments, including the Army Wounded Warrior Program, the Marine Corps Marine for Life Injured Support Program, the Air Force Palace HART program, and the Navy Wounded Marines and Sailors Initiative;
"(B) the recommendations of nongovernment organizations with demonstrated expertise in responding to the needs of severely wounded or injured servicemembers; and
"(C) such other matters as the Secretary of Defense considers appropriate.
"(4)
"(b)
"(1) Coordination with the Severely Injured Joint Support Operations Center of the Department of Defense.
"(2) Promotion of a seamless transition to civilian life for severely wounded or injured servicemembers who are or are likely to be separated on account of their wound or injury.
"(3) Identification and resolution of special problems or issues related to the transition to civilian life of severely wounded or injured servicemembers who are members of the reserve components.
"(4) The qualifications, assignment, training, duties, supervision, and accountability for the performance of responsibilities for the personnel providing assistance to severely wounded or injured servicemembers.
"(5) Centralized, short-term and long-term case-management procedures for assistance to severely wounded or injured servicemembers by each military department, including rapid access for severely wounded or injured servicemembers to case managers and counselors.
"(6) The provision, through a computer accessible Internet website and other means and at no cost to severely wounded or injured servicemembers, of personalized, integrated information on the benefits and financial assistance available to such members from the Federal Government.
"(7) The provision of information to severely wounded or injured servicemembers on mechanisms for registering complaints about, or requests for, additional assistance.
"(8) Participation of family members.
"(9) Liaison with the Department of Veterans Affairs and the Department of Labor in order to ensure prompt and accurate resolution of issues relating to benefits administered by those agencies for severely wounded or injured servicemembers.
"(10) Data collection regarding the incidence and quality of assistance provided to severely wounded or injured servicemembers, including surveys of such servicemembers and military and civilian personnel whose assigned duties include assistance to severely wounded or injured servicemembers.
"(c)
Quarterly Reports on Department of Defense Response to Threat Posed by Improvised Explosive Devices
Pub. L. 109–364, div. A, title XIV, §1402, Oct. 17, 2006, 120 Stat. 2433, which required the Secretary of Defense to submit quarterly reports on incidents involving the detonation or discovery of an improvised explosive device that involved United States or allied forces in Iraq and Afghanistan and on certain efforts of the Department of Defense to counter the threat of improvised explosive devices, was repealed by Pub. L. 112–81, div. A, title X, §1062(d)(5), Dec. 31, 2011, 125 Stat. 1585.
Database of Emergency Response Capabilities
Pub. L. 115–232, div. A, title X, §1084(b), Aug. 13, 2018, 132 Stat. 1990, provided that:
"(1)
"(2)
"(A) expedite compliance with the requirement; and
"(B) achieve such compliance at a cost not greater than the cost of establishing anew the database otherwise covered by the requirement."
Pub. L. 109–364, div. A, title XIV, §1406, Oct. 17, 2006, 120 Stat. 2436, as amended by Pub. L. 115–232, div. A, title X, §1084(a), Aug. 13, 2018, 132 Stat. 1990, provided that:
"(a)
"(1) The types of emergency response capabilities that each State's National Guard, as reported by the States, may be able to provide in response to a domestic natural or manmade disaster, both to their home States and under State-to-State mutual assistance agreements.
"(2) The types of emergency response capabilities that the Department of Defense may be able to provide in support of the National Response Plan's Emergency Support Functions, and identification of the units that provide these capabilities.
"(3) The types of emergency response cyber capabilities that the National Guard of each State and territory may be able to provide in response to domestic or natural man-made disasters, as reported by the States and territories, including—
"(A) capabilities that can be provided within the State or territory;
"(B) capabilities that can be provided under State-to-State mutual assistance agreements; and
"(C) capabilities for defense support to civil authorities.
"(4) The types of emergency response cyber capabilities of other reserve components of the Armed Forces identified by the Secretary that are available for defense support to civil authorities in response to domestic or natural man-made disasters.
"(b)
Report Regarding Effect on Military Readiness of Undocumented Immigrants Trespassing Upon Operational Ranges
Pub. L. 109–163, div. A, title III, §354, Jan. 6, 2006, 119 Stat. 3204, provided that:
"(a)
"(1) an assessment of the impact on military readiness caused by undocumented immigrants whose entry into the United States involves trespassing upon operational ranges of the Department of Defense; and
"(2) a plan for the implementation of measures to prevent such trespass.
"(b)
"(1) A listing of the operational ranges adversely affected by the trespass of undocumented immigrants upon operational ranges.
"(2) A description of the types of range activities affected by such trespass.
"(3) A determination of the amount of time lost for range activities, and the increased costs incurred, as a result of such trespass.
"(4) An evaluation of the nature and extent of such trespass and means of travel.
"(5) An evaluation of the factors that contribute to the use by undocumented immigrants of operational ranges as a means to enter the United States.
"(6) A description of measures currently in place to prevent such trespass, including the use of barriers to vehicles and persons, military patrols, border patrols, and sensors.
"(c)
"(1) The types of measures to be implemented to improve prevention of trespass of undocumented immigrants upon operational ranges, including the specific physical methods, such as barriers and increased patrols or monitoring, to be implemented and any legal or other policy changes recommended by the Secretaries.
"(2) The costs of, and timeline for, implementation of the plan.
"(d)
"(e)
Reports by Officers and Senior Enlisted Members of Conviction of Criminal Law
Pub. L. 109–163, div. A, title V, §554, Jan. 6, 2006, 119 Stat. 3264, directed the Secretary of Defense to prescribe regulations, to go into effect by 180 days after Jan. 6, 2006, that require certain officers and senior enlisted members to report a conviction for a violation of a criminal law of the United States that becomes final after Jan. 6, 2006.
Preservation of Records Pertaining to Radioactive Fallout From Nuclear Weapons Testing
Pub. L. 109–163, div. A, title X, §1055, Jan. 6, 2006, 119 Stat. 3438, provided that:
"(a)
"(b)
Safe Delivery of Mail in Military Mail System
Pub. L. 109–163, div. A, title X, §1071, Jan. 6, 2006, 119 Stat. 3446, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(A) An assessment of any existing deficiencies in the military mail system in ensuring that mail within the military mail system is safe for delivery.
"(B) The plan required by subsection (a).
"(C) An estimate of the time and resources required to implement the plan.
"(D) A description of the delegation within the Department of Defense of responsibility for ensuring that mail within the military mail system is safe for delivery, including responsibility for the development, implementation, and oversight of improvements to the military mail system to ensure that mail within the military mail system is safe for delivery.
"(3)
"(c)
"(1)
"(A) any mail that is posted through the Military Post Offices (including Army Post Offices (APOs) and Fleet Post Offices (FPOs)), Department of Defense mail centers, military Air Mail Terminals, and military Fleet Mail Centers; and
"(B) any mail or package posted in the United States that is addressed to an unspecified member of the Armed Forces.
"(2)
War-Related Reporting Requirements
Pub. L. 109–163, div. A, title XII, §1221, Jan. 6, 2006, 119 Stat. 3462, as amended by Pub. L. 109–364, div. A, title XV, §1518, Oct. 17, 2006, 120 Stat. 2443; Pub. L. 111–84, div. A, title XII, §1233, Oct. 28, 2009, 123 Stat. 2531; Pub. L. 115–91, div. A, title XII, §1266, Dec. 12, 2017, 131 Stat. 1691, provided that:
"(a)
"(1)
"(2)
"(A) a description of the effect of war operations on the backlog of maintenance requirements over the period of fiscal years 2003 to the time of the report; and
"(B) an examination of the extent to which war operations have precluded maintenance from being performed because equipment was unavailable.
"(3)
"(b)
"(c)
Annual Report on Department of Defense Costs To Carry Out United Nations Resolutions
Pub. L. 109–163, div. A, title XII, §1224, Jan. 6, 2006, 119 Stat. 3463, which provided that, no later than April 30 of each year, the Secretary of Defense was to submit a report to certain congressional committees on Department of Defense costs during the preceding fiscal year to carry out United Nations resolutions, was repealed by Pub. L. 115–91, div. A, title X, §1051(k)(3), Dec. 12, 2017, 131 Stat. 1564.
Requirement for Establishment of Certain Criteria Applicable to Global Posture Review
Pub. L. 109–163, div. A, title XII, §1233, Jan. 6, 2006, 119 Stat. 3469, provided that:
"(a)
"(1) The effect of any new basing arrangements on the strategic mobility requirements of the Department of Defense.
"(2) The ability of units deployed to overseas locations in areas in which United States Armed Forces have not traditionally been deployed to meet mobility response times required by operational planners.
"(3) The cost of deploying units to areas referred to in paragraph (2) on a rotational basis (rather than on a permanent basing basis).
"(4) The strategic benefit of rotational deployments through countries with which the United States is developing a close or new security relationship.
"(5) Whether the relative speed and complexity of conducting negotiations with a particular country is a discriminator in the decision to deploy forces within the country.
"(6) The appropriate and available funding mechanisms for the establishment, operation, and sustainment of specific Main Operating Bases, Forward Operating Bases, or Cooperative Security Locations.
"(7) The effect on military quality of life of the unaccompanied deployment of units to new facilities in overseas locations.
"(8) Other criteria as Secretary of Defense determines appropriate.
"(b)
"(c)
"(1) Facilities categorized as Main Operating Bases.
"(2) Facilities categorized as Forward Operating Bases.
"(3) Facilities categorized as Cooperative Security Locations.
"(d)
"(e)
"(f)
Processing of Forensic Evidence Collection Kits and Acquisition of Sufficient Stocks of Such Kits
Pub. L. 108–375, div. A, title V, §573, Oct. 28, 2004, 118 Stat. 1921, provided that:
"(a)
"(1) the United States Army Criminal Investigation Laboratory has the personnel and resources to effectively process forensic evidence used by the Department of Defense within 60 days of receipt by the laboratory of such evidence;
"(2) consistent policies are established among the Armed Forces to reduce the time period between the collection of forensic evidence and the receipt and processing of such evidence by United States Army Criminal Investigation Laboratory; and
"(3) there is an adequate supply of forensic evidence collection kits—
"(A) for all United States military installations, including the military service academies; and
"(B) for units of the Armed Forces deployed in theaters of operation.
"(b)
"(1) in the use of forensic evidence collection kits; and
"(2) in the prescribed procedures to ensure protection of the chain of custody of such kits once used."
Policy for Timely Notification of Next of Kin of Members Seriously Ill or Injured in Combat Zones
Pub. L. 108–375, div. A, title VII, §724, Oct. 28, 2004, 118 Stat. 1990, required the Secretary of Defense to prescribe a policy for providing timely notification to the next of kin of seriously ill or injured members in combat zones and to submit to Congress a copy of the policy no later than 120 days after Oct. 28, 2004.
Secretary of Defense Criteria for and Guidance on Identification and Internal Transmission of Critical Information
Pub. L. 108–375, div. A, title IX, §932, Oct. 28, 2004, 118 Stat. 2031, required the Secretary of Defense, no later than 120 days after Oct. 28, 2004, to establish criteria for determining categories of critical information that should be made known expeditiously to senior civilian and military officials in the Department of Defense.
Program To Commemorate 60th Anniversary of World War II
Pub. L. 108–375, div. A, title X, §1032, Oct. 28, 2004, 118 Stat. 2045, authorized the Secretary of Defense to conduct a program during fiscal year 2005 to commemorate the 60th anniversary of World War II.
Preservation of Search and Rescue Capabilities of the Federal Government
Pub. L. 108–375, div. A, title X, §1085, Oct. 28, 2004, 118 Stat. 2065, as amended by Pub. L. 110–181, div. A, title III, §360(c), Jan. 28, 2008, 122 Stat. 78; Pub. L. 111–383, div. A, title X, §1075(i)(2), Jan. 7, 2011, 124 Stat. 4378, provided that: "The Secretary of Defense may not reduce or eliminate search and rescue capabilities at any military installation in the United States unless the Secretary, after reviewing the search and rescue capabilities report prepared by the Secretary of the Air Force under section 360(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 77), first certifies to the Committees on Armed Services of the Senate and the House of Representatives that equivalent search and rescue capabilities will be provided, without interruption and consistent with the policies and objectives set forth in the United States National Search and Rescue Plan entered into force on January 1, 1999, by—
"(1) the Department of Interior, the Department of Commerce, the Department of Homeland Security, the Department of Transportation, the Federal Communications Commission, or the National Aeronautics and Space Administration; or
"(2) the Department of Defense, either directly or through a Department of Defense contract with an emergency medical service provider or other private entity to provide such capabilities."
Sunken Military Craft
Pub. L. 108–375, div. A, title XIV, Oct. 28, 2004, 118 Stat. 2094, provided that:
"SEC. 1401. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND ASSOCIATED CONTENTS.
"Right, title, and interest of the United States in and to any United States sunken military craft—
"(1) shall not be extinguished except by an express divestiture of title by the United States; and
"(2) shall not be extinguished by the passage of time, regardless of when the sunken military craft sank.
"SEC. 1402. PROHIBITIONS.
"(a)
"(1) as authorized by a permit under this title;
"(2) as authorized by regulations issued under this title; or
"(3) as otherwise authorized by law.
"(b)
"(1) this section; or
"(2) any prohibition, rule, regulation, ordinance, or permit that applies under any other applicable law.
"(c)
"(1)
"(2)
"(A) generally recognized principles of international law;
"(B) an agreement between the United States and the foreign country of which the person is a citizen; or
"(C) in the case of an individual who is a crew member or other individual on a foreign vessel or foreign aircraft, an agreement between the United States and the flag State of the foreign vessel or aircraft that applies to the individual.
"(3)
"SEC. 1403. PERMITS.
"(a)
"(b)
"(c)
"(d)
"SEC. 1404. PENALTIES.
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(1) all facts material to the right of action are known or should have been known by the Secretary concerned; and
"(2) the defendant is subject to the jurisdiction of the appropriate district court of the United States or administrative forum.
"SEC. 1405. LIABILITY FOR DAMAGES.
"(a)
"(b)
"(1) the reasonable costs incurred in storage, restoration, care, maintenance, conservation, and curation of any sunken military craft that is disturbed, removed, or injured in violation of section 1402 or any regulation or permit issued under this title; and
"(2) the cost of retrieving, from the site where the sunken military craft was disturbed, removed, or injured, any information of an archaeological, historical, or cultural nature.
"SEC. 1406. RELATIONSHIP TO OTHER LAWS.
"(a)
"(1) any activity that is not directed at a sunken military craft; or
"(2) the traditional high seas freedoms of navigation, including—
"(A) the laying of submarine cables and pipelines;
"(B) operation of vessels;
"(C) fishing; or
"(D) other internationally lawful uses of the sea related to such freedoms.
"(b)
"(c)
"(1) any United States sunken military craft, wherever located; or
"(2) any foreign sunken military craft located in United States waters.
"(d)
"(1) any United States sunken military craft without the express permission of the United States; or
"(2) any foreign sunken military craft located in United States waters without the express permission of the relevant foreign state.
"(e)
"(f)
"(g)
"(h)
"(i)
"SEC. 1407. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN COUNTRIES.
"The Secretary of State, in consultation with the Secretary of Defense, is encouraged to negotiate and conclude bilateral and multilateral agreements with foreign countries with regard to sunken military craft consistent with this title.
"SEC. 1408. DEFINITIONS.
"In this title:
"(1)
"(A) the equipment, cargo, and contents of a sunken military craft that are within its debris field; and
"(B) the remains and personal effects of the crew and passengers of a sunken military craft that are within its debris field.
"(2)
"(A) subject to subparagraph (B), the Secretary of a military department; and
"(B) in the case of a Coast Guard vessel, the Secretary of the Department in which the Coast Guard is operating.
"(3)
"(A) any sunken warship, naval auxiliary, or other vessel that was owned or operated by a government on military noncommercial service when it sank;
"(B) any sunken military aircraft or military spacecraft that was owned or operated by a government when it sank; and
"(C) the associated contents of a craft referred to in subparagraph (A) or (B),
if title thereto has not been abandoned or transferred by the government concerned.
"(4)
"(5)
"(6)
"(7)
Reports on Weapons and Ammunition Obtained by Iraq
Pub. L. 108–177, title III, §358, Dec. 13, 2003, 117 Stat. 2621, directed the Director of the Defense Intelligence Agency, not later than one year after Dec. 13, 2003, to submit preliminary and final reports to committees of Congress on information obtained by the Department of Defense and the intelligence community on the conventional weapons and ammunition obtained by Iraq in violation of applicable resolutions of the United Nations Security Council adopted since the invasion of Kuwait by Iraq in 1990.
Pub. L. 108–136, div. A, title XII, §1204, Nov. 24, 2003, 117 Stat. 1649, directed the Secretary of Defense, not later than one year after Nov. 24, 2003, to submit to committees of Congress a report on the acquisition by Iraq of weapons of mass destruction and associated delivery systems and the acquisition by Iraq of advanced conventional weapons.
Studies of Fleet Platform Architectures for the Navy
Pub. L. 108–136, div. A, title II, §216, Nov. 24, 2003, 117 Stat. 1418, directed the Secretary of Defense to provide for the performance of two independent studies of alternative future fleet platform architectures for the Navy and to forward the results of each study to congressional defense committees not later than Jan. 15, 2005.
Report Regarding Impact of Civilian Community Encroachment and Certain Legal Requirements on Military Installations and Ranges and Plan To Address Encroachment
Pub. L. 108–136, div. A, title III, §320, Nov. 24, 2003, 117 Stat. 1435, required a study on the impact of various civilian and environmental encroachment issues affecting military installations and operational ranges, a plan to respond to any encroachment issues found, and reports from 2004 to 2010 regarding the results of the study and progress being made on the encroachment response plan.
High-Performing Organization Business Process Reengineering Pilot Program
Pub. L. 108–136, div. A, title III, §337, Nov. 24, 2003, 117 Stat. 1445, established a pilot program designed to create, or continue the implementation of, high-performing organizations through the conduct of a Business Process Reengineering initiative at selected military installations and facilities.
Assessment by Secretary of Defense
Pub. L. 108–136, div. A, title V, §517(b), Nov. 24, 2003, 117 Stat. 1461, directed the Secretary of Defense to submit to committees of Congress, not later than one year after Nov. 24, 2003, a description of the effects on reserve component recruitment and retention that have resulted from calls and orders to active duty and the tempo of such service, an assessment of the process for calling and ordering reserve members to active duty, preparing such members for active duty, processing such members into the force, and deploying such members, and a description of changes in the Armed Forces envisioned by the Secretary of Defense.
Policy on Public Identification of Casualties
Pub. L. 108–136, div. A, title V, §546, Nov. 24, 2003, 117 Stat. 1479, directed the Secretary of Defense, no later than 180 days after Nov. 24, 2003, to prescribe a policy on the public release of the names or other personally identifying information of casualties.
Plan for Prompt Global Strike Capability
Pub. L. 110–181, div. A, title II, §243, Jan. 28, 2008, 122 Stat. 51, required submission of a research, development, and testing plan for prompt global strike program objectives for fiscal years 2008 through 2013 and a plan for obligation and expenditure of funds available for prompt global strike for fiscal year 2008.
Pub. L. 108–136, div. A, title X, §1032, Nov. 24, 2003, 117 Stat. 1605, as amended by Pub. L. 110–181, div. A, title X, §1043, Jan. 28, 2008, 122 Stat. 311, required establishment of, and annual updates to, an integrated plan for developing, deploying, and sustaining a prompt global strike capability in the Armed Forces and submission of reports on the plan from 2004 to 2009.
Reports on Military Operations and Reconstruction Activities in Iraq and Afghanistan
Pub. L. 109–13, div. A, title I, §1024(c), May 11, 2005, 119 Stat. 253, provided that:
"(1) Each semiannual report to Congress required under a provision of law referred to in paragraph (2) shall include, in addition to the matters specified in the applicable provision of law, the following:
"(A) A statement of the cumulative total of all amounts obligated, and of all amounts expended, as of the date of such report for Operation Enduring Freedom.
"(B) A statement of the cumulative total of all amounts obligated, and of all amounts expended, as of the date of such report for Operation Iraqi Freedom.
"(C) An estimate of the reasonably foreseeable costs for ongoing military operations to be incurred during the 12-month period beginning on the date of such report.
"(2) The provisions of law referred to in this paragraph are as follows:
"(A) Section 1120 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1219; 10 U.S.C. 113 note).
"(B) Section 9010 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1008; 10 U.S.C. 113 note)."
Pub. L. 108–287, title IX, §9010, Aug. 5, 2004, 118 Stat. 1008, as amended by Pub. L. 108–324, div. B, §306, Oct. 13, 2004, 118 Stat. 1243, provided that:
"(a) Not later than April 30 and October 31 of each year, the Secretary of Defense shall submit to Congress a report on the military operations of the Armed Forces and the reconstruction activities of the Department of Defense in Iraq and Afghanistan.
"(b) Each report shall include the following information:
"(1) For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities.
"(2) An assessment of the progress made toward preventing attacks on United States personnel.
"(3) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces.
"(4) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces.
"(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan.
"(6) The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report.
"(7) The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12302 of title 10, United States Code.
"(8) For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12302 of title 10, United States Code, the following information:
"(A) The unit.
"(B) The projected date of return of the unit to its home station.
"(C) The extent (by percentage) to which the forces deployed within the United States and outside the United States in support of a contingency operation are composed of reserve component forces."
Pub. L. 108–106, title I, §1120, Nov. 6, 2003, 117 Stat. 1219, provided that:
"(a) Not later than April 30 and October 31 of each year, the Secretary of Defense shall submit to Congress a report on the military operations of the Armed Forces and the reconstruction activities of the Department of Defense in Iraq and Afghanistan.
"(b) Each report shall include the following information:
"(1) For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities.
"(2) An assessment of the progress made toward preventing attacks on United States personnel.
"(3) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces.
"(4) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces.
"(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan.
"(6) The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report.
"(7) The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12304 of title 10, United States Code.
"(8) For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12304 of title 10, United States Code, the following information:
"(A) The unit.
"(B) The projected date of return of the unit to its home station.
"(C) The extent (by percentage) to which the forces deployed within the United States and outside the United States in support of a contingency operation are composed of reserve component forces."
Uniform Financial Management System for Department of Defense Test and Evaluation Facilities
Pub. L. 107–314, div. A, title II, §233, Dec. 2, 2002, 116 Stat. 2490, directed the Secretary of Defense to implement a single financial management and accounting system for all test and evaluation facilities of the Department of Defense, with the goal that such system be implemented no later than Sept. 30, 2006.
Training Range Sustainment Plan, Global Status of Resources and Training System, and Training Range Inventory
Pub. L. 107–314, div. A, title III, §366, Dec. 2, 2002, 116 Stat. 2522, as amended by Pub. L. 109–364, div. A, title III, §348, Oct. 17, 2006, 120 Stat. 2159; Pub. L. 110–181, div. A, title X, §1063(c)(2), Jan. 28, 2008, 122 Stat. 322; Pub. L. 111–383, div. A, title X, §1075(g)(2), Jan. 7, 2011, 124 Stat. 4376; Pub. L. 112–239, div. A, title III, §311, Jan. 2, 2013, 126 Stat. 1691, provided that:
"(a)
"(2) As part of the preparation of the plan, the Secretary of Defense shall conduct the following:
"(A) An assessment of current and future training range requirements of the Armed Forces.
"(B) An evaluation of the adequacy of current Department of Defense resources (including virtual and constructive training assets as well as military lands, marine areas, and airspace available in the United States and overseas) to meet those current and future training range requirements.
"(3) The plan shall include the following:
"(A) Proposals to enhance training range capabilities and address any shortfalls in current Department of Defense resources identified pursuant to the assessment and evaluation conducted under paragraph (2).
"(B) Goals and milestones for tracking planned actions and measuring progress.
"(C) Projected funding requirements for implementing planned actions.
"(D) Designation of an office in the Office of the Secretary of Defense and in each of the military departments that will have lead responsibility for overseeing implementation of the plan.
"(4) At the same time as the President submits to Congress the budget for fiscal year 2004, the Secretary of Defense shall submit to Congress a report describing the progress made in implementing this subsection, including—
"(A) the plan developed under paragraph (1);
"(B) the results of the assessment and evaluation conducted under paragraph (2); and
"(C) any recommendations that the Secretary may have for legislative or regulatory changes to address training constraints identified pursuant to this section.
"(5) At the same time as the President submits to Congress the budget for each fiscal year through fiscal year 2018, the Secretary shall submit to Congress a report describing the progress made in implementing the plan and any additional actions taken, or to be taken, to address training constraints caused by limitations on the use of military lands, marine areas, and airspace.
"(b)
"(c)
"(A) to identify all available operational training ranges;
"(B) to identify all training capacities and capabilities available at each training range; and
"(C) to identify training constraints caused by limitations on the use of military lands, marine areas, and airspace at each training range.
"(2) The Secretary of Defense shall submit an initial inventory to Congress at the same time as the President submits the budget for fiscal year 2004 and shall submit an updated inventory to Congress at the same time as the President submits the budget for each fiscal year through fiscal year 2018.
"(d) GAO
"(e)
Development and Implementation of Financial Management Enterprise Architecture
Pub. L. 107–314, div. A, title X, §1004, Dec. 2, 2002, 116 Stat. 2629, which required Secretary of Defense to develop a financial management enterprise architecture for all budgetary, accounting, finance, enterprise resource planning, and mixed information systems of the Department of Defense by May 1, 2003, was repealed by Pub. L. 108–375, div. A, title III, §332(f), Oct. 28, 2004, 118 Stat. 1856.
Reliability of Department of Defense Financial Statements
Pub. L. 107–107, div. A, title X, §1008, Dec. 28, 2001, 115 Stat. 1204, as amended by Pub. L. 112–81, div. A, title X, §1052, Dec. 31, 2011, 125 Stat. 1582; Pub. L. 113–188, title IV, §401(b), Nov. 26, 2014, 128 Stat. 2019; Pub. L. 115–91, div. A, title X, §§1002(h), 1051(i)(2), Dec. 12, 2017, 131 Stat. 1542, 1563, provided that:
"[(a), (b) Repealed. Pub. L. 113–188, title IV, §401(b)(1), Nov. 26, 2014, 128 Stat. 2019.]
"(c)
"[(d) to (f) Repealed. Pub. L. 115–91, div. A, title X, §1002(h), Dec. 12, 2017, 131 Stat. 1542.]"
Annual Report on the Conduct of Military Operations Conducted as Part of Operation Enduring Freedom
Pub. L. 107–314, div. A, title X, §1043, Dec. 2, 2002, 116 Stat. 2646, required annual reports on the conduct of military operations conducted as part of Operation Enduring Freedom, starting June 15, 2003, and ending no later than 180 days after the date of the cessation of hostilities undertaken as part of Operation Enduring Freedom.
Comprehensive Plan for Improving the Preparedness of Military Installations for Terrorist Incidents
Pub. L. 107–314, div. A, title XIV, §1402, Dec. 2, 2002, 116 Stat. 2675, directed the Secretary of Defense to develop and submit to Congress a comprehensive plan for improving the preparedness of military installations for preventing and responding to terrorist attacks, directed the Comptroller General to review the plan, and required reports on the plan in 2004, 2005, and 2006.
Policy Concerning Rights of Individuals Whose Names Have Been Entered Into Department of Defense Official Criminal Investigative Reports
Pub. L. 106–398, §1 [[div. A], title V, §552], Oct. 30, 2000, 114 Stat. 1654, 1654A-125, provided that:
"(a)
"(1) affords any individual who, in connection with the investigation of a reported crime, is designated (by name or by any other identifying information) as a suspect in the case in any official investigative report, or in a central index for potential retrieval and analysis by law enforcement organizations, an opportunity to obtain a review of that designation; and
"(2) requires the expungement of the name and other identifying information of any such individual from such report or index in any case in which it is determined the entry of such identifying information on that individual was made contrary to Department of Defense requirements.
"(b)
Test of Ability of Reserve Component Intelligence Units and Personnel To Meet Current and Emerging Defense Intelligence Needs
Pub. L. 106–398, §1 [[div. A], title V, §576], Oct. 30, 2000, 114 Stat. 1654, 1654A-138, directed the Secretary of Defense to conduct a three-year test program to determine the most effective peacetime structure and operational employment of reserve component intelligence assets and to establish a means to coordinate and transition the peacetime intelligence support network into use for meeting wartime needs, and to submit to Congress interim and final reports on such program not later than Dec. 1, 2004.
Study on Civilian Personnel Services
Pub. L. 106–398, §1 [[div. A], title XI, §1105], Oct. 30, 2000, 114 Stat. 1654, 1654A-311, directed the Secretary of Defense to conduct a study to assess the manner in which personnel services were provided for civilian personnel in the Department of Defense and to submit a report on such study to committees of Congress not later than Jan. 1, 2002.
Pilot Program for Reengineering Equal Employment Opportunity Complaint Process
Pub. L. 106–398, §1 [[div. A], title XI, §1111], Oct. 30, 2000, 114 Stat. 1654, 1654A-312, directed the Secretary of Defense to carry out a three-year pilot program to improve processes for the resolution of equal employment opportunity complaints by civilian employees of the Department of Defense, and directed the Comptroller General to submit to Congress a report on such program not later than 90 days following the end of the first and last full or partial fiscal years during which such program had been implemented.
Work Safety Demonstration Program
Pub. L. 106–398, §1 [[div. A], title XI, §1112], Oct. 30, 2000, 114 Stat. 1654, 1654A-313, as amended by Pub. L. 107–314, div. A, title III, §363, Dec. 2, 2002, 116 Stat. 2520, directed the Secretary of Defense to carry out a defense employees work safety demonstration program under which work safety models used by employers in the private sector would be adopted and any improvement to work safety records would be assessed, directed that such program would terminate on Sept. 30, 2003, and required the Secretary to submit interim and final reports on such program to committees of Congress not later than Dec. 1, 2003.
GAO Study on Benefits and Costs of United States Military Engagement in Europe
Pub. L. 106–398, §1 [[div. A], title XII, §1223], Oct. 30, 2000, 114 Stat. 1654, 1654A-328, directed the Comptroller General to conduct a study assessing the benefits and costs to the United States and United States national security interests of the engagement of United States forces in Europe and of United States military strategies used to shape the international security environment in Europe and to submit to committees of Congress a report on the results of such study not later than Dec. 1, 2001.
Establishment of Logistics Standards for Sustained Military Operations
Pub. L. 106–65, div. A, title III, §366, Oct. 5, 1999, 113 Stat. 578, as amended by Pub. L. 115–91, div. A, title X, §1051(h), Dec. 12, 2017, 131 Stat. 1563, provided that:
"(a)
"(1) the level of spare parts that the units must have on hand; and
"(2) similar logistics and sustainment needs of the units.
"(b)
"(1) The unit's wartime mission, as reflected in the war-fighting plans of the relevant combatant commanders.
"(2) An assessment of the likely requirement for sustained operations under each such war-fighting plan.
"(3) An assessment of the likely requirement for that unit to conduct sustained operations in an austere environment, while drawing exclusively on its own internal logistics capabilities.
"(c)
"(d)
"(e)
Use of Smart Card Technology in the Department of Defense
Pub. L. 106–65, div. A, title III, §373(a)–(g), Oct. 5, 1999, 113 Stat. 580, 581, designated the Navy as the lead agency for the development and implementation of a Smart Card program for the Department of Defense, required the Army and Air Force to establish project offices and cooperate with the Navy to develop implementation plans for using Smart Card technology, established a senior coordinating group, and provided for allocation of certain funds for the Navy to implement Smart Card technology.
Secretary of Defense Review of Army Technician Costing Process
Pub. L. 106–65, div. A, title V, §526, Oct. 5, 1999, 113 Stat. 600, required Secretary of Defense to review process used by the Army to develop estimates of annual authorizations and appropriations required for civilian personnel of Department of the Army generally and for National Guard and Army Reserve technicians in particular and to report on results of review to the Committees on Armed Services of the Senate and House of Representatives not later than Mar. 31, 2000.
Survey of Members Leaving Military Service on Attitudes Toward Military Service
Pub. L. 106–65, div. A, title V, §581, Oct. 5, 1999, 113 Stat. 633, directed the Secretary of Defense to develop and implement a survey on attitudes toward military service to be completed by all members of the Armed Forces who had been voluntarily discharged or separated or transferred from a regular to a reserve component between Jan. 1, 2000, and June 30, 2000, and to submit a report to Congress on the results of such survey not later than Oct. 1, 2000.
Annual Report on United States Military Activities in Colombia
Pub. L. 106–65, div. A, title X, §1025, Oct. 5, 1999, 113 Stat. 748, which required the Secretary of Defense to submit an annual report regarding the deployments and assignments of the United States Armed Forces in Colombia, was repealed by Pub. L. 112–81, div. A, title X, §1062(j)(2), Dec. 31, 2011, 125 Stat. 1585.
Report on NATO Defense Capabilities Initiative
Pub. L. 106–65, div. A, title X, §1039, Oct. 5, 1999, 113 Stat. 756, as amended by Pub. L. 108–136, div. A, title X, §1031(h)(3), Nov. 24, 2003, 117 Stat. 1605, provided findings of Congress relating to the Defense Capabilities Initiative.
Commemoration of the Victory of Freedom in the Cold War
Pub. L. 106–65, div. A, title X, §1053, Oct. 5, 1999, 113 Stat. 764, as amended by Pub. L. 107–107, div. A, title X, §1048(g)(7), Dec. 28, 2001, 115 Stat. 1228, established a commission to review and make recommendations regarding the celebration of victory in the Cold War, directed the President to transmit to Congress a report on the content of a Presidential proclamation and a plan for appropriate ceremonies and activities, and authorized funds.
Annual Report on Military and Security Developments Involving the People's Republic of China
Pub. L. 106–65, div. A, title XII, §1202, Oct. 5, 1999, 113 Stat. 781, as amended by Pub. L. 107–107, div. A, title XII, §1221, Dec. 28, 2001, 115 Stat. 1252; Pub. L. 110–181, div. A, title XII, §1263, Jan. 28, 2008, 122 Stat. 407; Pub. L. 111–84, div. A, title XII, §1246(a)–(c), Oct. 28, 2009, 123 Stat. 2544, 2545; Pub. L. 112–81, div. A, title X, §1066(e)(1), title XII, §1238(a), Dec. 31, 2011, 125 Stat. 1589, 1642; Pub. L. 112–239, div. A, title XII, §1271, Jan. 2, 2013, 126 Stat. 2022; Pub. L. 113–66, div. A, title XII, §1242, Dec. 26, 2013, 127 Stat. 920; Pub. L. 113–291, div. A, title XII, §1252(a), Dec. 19, 2014, 128 Stat. 3571; Pub. L. 114–328, div. A, title XII, §1271(a), (b), Dec. 23, 2016, 130 Stat. 2538; Pub. L. 115–91, div. A, title XII, §1261, Dec. 12, 2017, 131 Stat. 1688; Pub. L. 115–232, div. A, title XII, §1260, Aug. 13, 2018, 132 Stat. 2059, provided that:
"(a)
"(b)
"(1) The goals and factors shaping Chinese security strategy and military strategy.
"(2) Trends in Chinese security and military behavior that would be designed to achieve, or that are inconsistent with, the goals described in paragraph (1).
"(3) The security situation in the Taiwan Strait.
"(4) Chinese strategy regarding Taiwan.
"(5) The size, location, and capabilities of Chinese strategic, land, sea, and air forces, including detailed analysis of those forces facing Taiwan.
"(6) China's overseas military basing and logistics infrastructure.
"(7) Developments in Chinese military doctrine and training.
"(8) Efforts, including by espionage and technology transfers through investment, industrial espionage, cybertheft, academia, and other means, by the People's Republic of China to develop, acquire, or gain access to information, communication, space and other advanced technologies that would enhance military capabilities or otherwise undermine the Department of Defense's capability to conduct information assurance. Such analyses shall include an assessment of the damage inflicted on the Department of Defense by reason thereof.
"(9) An assessment of any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act (Public Law 96–8) [22 U.S.C. 3301 et seq.].
"(10) Developments in China's asymmetric capabilities, including its strategy and efforts to develop and deploy cyberwarfare and electronic warfare capabilities, details on the number of malicious cyber incidents originating from China against Department of Defense infrastructure, and associated activities originating or suspected of originating from China.
"(11) The strategy and capabilities of Chinese space and counterspace programs, including trends, global and regional activities, the involvement of military and civilian organizations, including state-owned enterprises, academic institutions, and commercial entities, and efforts to develop, acquire, or gain access to advanced technologies that would enhance Chinese military capabilities.
"(12) Developments in China's nuclear program, including the size and state of China's stockpile, its nuclear strategy and associated doctrines, its civil and military production capacities, and projections of its future arsenals.
"(13) A description of China's anti-access and area denial capabilities.
"(14) A description of China's command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and its applications for China's precision guided weapons.
"(15) A description of the roles and activities of the People's Liberation Army Navy and those of China's paramilitary and maritime law enforcement vessels, including their capabilities, organizational affiliations, roles within China's overall maritime strategy, activities affecting United States allies and partners, and responses to United States naval activities.
"(16) In consultation with the Secretary of Energy and the Secretary of State, developments regarding United States-China engagement and cooperation on security matters.
"(17) The current state of United States military-to-military contacts with the People's Liberation Army, which shall include the following:
"(A) A comprehensive and coordinated strategy for such military-to-military contacts and updates to the strategy.
"(B) A summary of all such military-to-military contacts during the period covered by the report, including a summary of topics discussed and questions asked by the Chinese participants in those contacts.
"(C) A description of such military-to-military contacts scheduled for the 12-month period following the period covered by the report and the plan for future contacts.
"(D) The Secretary's assessment of the benefits the Chinese expect to gain from such military-to-military contacts.
"(E) The Secretary's assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts.
"(F) The Secretary's assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People's Republic of China.
"(G) The Secretary's certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a) [10 U.S.C. 311 note].
"(18) An assessment of relations between China and the Russian Federation with respect to security and military matters.
"(19) Other military and security developments involving the People's Republic of China that the Secretary of Defense considers relevant to United States national security.
"(20) A description of Chinese military-to-military relationships with other countries, including the size and activity of military attache offices around the world and military education programs conducted in China for other countries or in other countries for the Chinese.
"(21) A description of any significant sale or transfer of military hardware, expertise, and technology to or from the People's Republic of China, including a forecast of possible future sales and transfers, a description of the implications of those sales and transfers for the security of the United States and its partners and allies in Asia, and a description of any significant assistance to and from any selling state with military-related research and development programs in China.
"(22) The status of the 5th generation fighter program of the People's Republic of China, including an assessment of each individual aircraft type, estimated initial and full operational capability dates, and the ability of such aircraft to provide air superiority.
"(23) A summary of the order of battle of the People's Liberation Army, including anti-ship ballistic missiles, theater ballistic missiles, and land attack cruise missile inventory.
"(24) A description of the People's Republic of China's military and nonmilitary activities in the South China Sea.
"(25) Any Chinese laws, regulations, or policies that could jeopardize the economic security of the United States.
"(26) The relationship between Chinese overseas investment, including initiatives such as the Belt and Road Initiative, and Chinese security and military strategy objectives.
"(27) Efforts by the Government of the People's Republic of China to influence the media, cultural institutions, business, and academic and policy communities of the United States to be more favorable to its security and military strategy and objectives.
"(28) Efforts by the Government of the People's Republic of China to use nonmilitary tools in other countries, including diplomacy and political coercion, information operations, and economic pressure, including predatory lending practices, to support its security and military objectives.
"(c)
"(1) The Committee on Armed Services and the Committee on Foreign Relations of the Senate.
"(2) The Committee on Armed Services and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.
"(d)
"(2) The report shall include analysis and forecasts of the following matters related to military cooperation between selling states and the People's Republic of China:
"(A) The extent in each selling state of government knowledge, cooperation, or condoning of sales or transfers of military hardware, expertise, or technology to the People's Republic of China.
"(B) An itemization of significant sales and transfers of military hardware, expertise, or technology from each selling state to the People's Republic of China that have taken place since 1995, with a particular focus on command, control, communications, and intelligence systems.
"(C) Significant assistance by any selling state to key research and development programs of China, including programs for development of weapons of mass destruction and delivery vehicles for such weapons, programs for development of advanced conventional weapons, and programs for development of unconventional weapons.
"(D) The extent to which arms sales by any selling state to the People's Republic of China are a source of funds for military research and development or procurement programs in the selling state.
"(3) The report under paragraph (1) shall include, with respect to each area of analysis and forecasts specified in paragraph (2)—
"(A) an assessment of the military effects of such sales or transfers to entities in the People's Republic of China;
"(B) an assessment of the ability of the People's Liberation Army to assimilate such sales or transfers, mass produce new equipment, or develop doctrine for use; and
"(C) the potential threat of developments related to such effects on the security interests of the United States and its friends and allies in Asia."
[Pub. L. 114–328, div. A, title XII, §1271(c), Dec. 23, 2016, 130 Stat. 2538, provided that: "The amendments made by this section [amending section 1202 of Pub. L. 106–65, set out above] take effect on the date of the enactment of this Act [Dec. 23, 2016] and apply with respect to reports required to be submitted under subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000 [Pub. L. 106–65] on or after that date."]
[Pub. L. 113–291, div. A, title XII, §1252(b), Dec. 19, 2014, 128 Stat. 3571, provided that: "The amendment made by this section [amending section 1202 of Pub. L. 106–65, set out above] takes effect on the date of the enactment of this Act [Dec. 19, 2014] and applies with respect to reports required to be submitted under subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000 [Pub. L. 106–65] on or after that date."]
[Pub. L. 112–81, div. A, title XII, §1238(b), Dec. 31, 2011, 125 Stat. 1642, provided that: "The amendments made by this section [amending section 1202 of Pub. L. 106–65, set out above] shall take effect on the date of the enactment of this Act [Dec. 31, 2011], and shall apply with respect to reports required to be submitted under subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000 [Pub. L. 106–65], as so amended, on or after that date."]
[Pub. L. 111–84, div. A, title XII, §1246(e), Oct. 28, 2009, 123 Stat. 2545, provided that:
["(1)
["(2)
Nuclear Mission Management Plan
Pub. L. 106–65, div. C, title XXXI, §3163(d), Oct. 5, 1999, 113 Stat. 945, provided that:
"(1) The Secretary of Defense shall develop and implement a plan to ensure the continued reliability of the capability of the Department of Defense to carry out its nuclear deterrent mission.
"(2) The plan shall do the following:
"(A) Articulate the current policy of the United States on the role of nuclear weapons and nuclear deterrence in the conduct of defense and foreign relations matters.
"(B) Establish stockpile viability and capability requirements with respect to that mission, including the number and variety of warheads required.
"(C) Establish requirements relating to the contractor industrial base, support infrastructure, and surveillance, testing, assessment, and certification of nuclear weapons necessary to support that mission.
"(3) The plan shall take into account the following:
"(A) Requirements for the critical skills, readiness, training, exercise, and testing of personnel necessary to meet that mission.
"(B) The relevant programs and plans of the military departments and the Defense Agencies with respect to readiness, sustainment (including research and development), and modernization of the strategic deterrent forces."
Report on Supplemental Nutrition Assistance Program Benefits Assistance for Members of Armed Forces
Pub. L. 105–262, title VIII, §8119, Oct. 17, 1998, 112 Stat. 2331, as amended by Pub. L. 110–234, title IV, §4002(b)(1)(B), (D), (E), (2)(K), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, §4(a), title IV, §4002(b)(1)(B), (D), (E), (2)(K), June 18, 2008, 122 Stat. 1664, 1857, 1858, directed the Secretary of Defense to submit to committees of Congress, at the same time that materials relating to Department of Defense funding for fiscal year 2001 were to be submitted, a report on supplemental nutrition assistance program benefits assistance for members of the Armed Forces.
Defense Reform Initiative Enterprise Pilot Program for Military Manpower and Personnel Information
Pub. L. 106–65, div. A, title IX, §924, Oct. 5, 1999, 113 Stat. 726, authorized the Secretary of Defense to designate the Secretary of the Navy as the Department of Defense executive agent for carrying out the pilot program described in Pub. L. 105–262, §8147.
Pub. L. 105–262, title VIII, §8147, Oct. 17, 1998, 112 Stat. 2341, established a defense reform initiative enterprise pilot program for military manpower and personnel information to be implemented no later than 6 months after Oct. 17, 1998.
Oversight of Development and Implementation of Automated Identification Technology
Pub. L. 105–261, div. A, title III, §344, Oct. 17, 1998, 112 Stat. 1977, as amended by Pub. L. 106–65, div. A, title III, §373(h), title X, §1067(3), Oct. 5, 1999, 113 Stat. 581, 774, directed the Secretary of the Navy to allocate up to $25,000,000 of fiscal year 1999 funds for the purpose of making progress toward the issuance and use of Smart Cards throughout the Navy and the Marine Corps and to equip with Smart Card technology at least one carrier battle group, one carrier air wing, and one amphibious readiness group in each of the United States Atlantic and Pacific Commands not later than June 30, 1999, and directed the Secretary of Defense, not later than Mar. 31, 1999, to submit to congressional defense committees a plan for the use of Smart Card technology by each military department.
Pilot Program for Acceptance and Use of Landing Fees Charged for Use of Domestic Military Airfields by Civil Aircraft
Pub. L. 105–261, div. A, title III, §377, Oct. 17, 1998, 112 Stat. 1993, as amended by Pub. L. 106–398, §1 [[div. A], title III, §387], Oct. 30, 2000, 114 Stat. 1654, 1654A-88, authorized pilot programs for each military department to demonstrate the use of landing fees as a source of funding for the operation and maintenance of airfields, required a report on the pilot programs by Mar. 31, 2003, and terminated the program as of Sept. 30, 2010.
Report on Terminology for Annual Report Requirement
Pub. L. 105–261, div. A, title IX, §915(b), Oct. 17, 1998, 112 Stat. 2102, directed the Secretary of Defense, not later than 90 days after Oct. 17, 1998, to submit to committees of Congress a report setting forth the definitions of the terms "support" and "mission" to use for purposes of the report requirement under subsec. (l) of this section.
Program To Investigate Fraud, Waste, and Abuse Within Department of Defense
Pub. L. 105–85, div. A, title III, §392, Nov. 18, 1997, 111 Stat. 1717, as amended by Pub. L. 105–261, div. A, title III, §374, Oct. 17, 1998, 112 Stat. 1992, provided that: "The Secretary of Defense shall maintain a specific coordinated program for the investigation of evidence of fraud, waste, and abuse within the Department of Defense, particularly fraud, waste, and abuse regarding finance and accounting matters and any fraud, waste, and abuse occurring in connection with overpayments made to vendors by the Department of Defense, including overpayments identified under section 354 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note)."
Commission on Military Training and Gender-Related Issues
Pub. L. 105–85, div. A, title V, subtitle F, Nov. 18, 1997, 111 Stat. 1750, as amended by Pub. L. 105–261, div. A, title V, §524, Oct. 17, 1998, 112 Stat. 2014; Pub. L. 106–65, div. A, title X, §1066(c)(2), Oct. 5, 1999, 113 Stat. 773, established a Commission on Military Training and Gender-Related Issues to review requirements and restrictions regarding cross-gender relationships of members of the Armed Forces, to review the basic training programs of the Army, Navy, Air Force, and Marine Corps, and to make recommendations on improvements to those programs, requirements, and restrictions, and further provided for composition, powers, and duties of Commission, administrative matters, funding, an interim report to Congress not later than Oct. 15, 1998, and a final report to Congress not later than Mar. 15, 1999, and for termination of Commission 60 days after submission of final report.
Coordination of Department of Defense Criminal Investigations and Audits
Pub. L. 105–85, div. A, title IX, §907, Nov. 18, 1997, 111 Stat. 1856, directed the heads of the military department criminal investigative organizations and the heads of the defense auditing organizations to take action to conserve and share their resources and required the Secretary of Defense to submit to Congress an implementation plan by Dec. 31, 1997.
Provision of Adequate Troop Protection Equipment for Armed Forces Personnel Engaged in Peace Operations; Report on Antiterrorism Activities and Protection of Personnel
Pub. L. 105–85, div. A, title X, §1052, Nov. 18, 1997, 111 Stat. 1889, provided that:
"(a)
"(b)
"(1) identify the additional troop protection equipment, if any, required to equip a division (or the equivalent of a division) with adequate troop protection equipment for peace operations; and
"(2) establish procedures to facilitate the exchange or transfer of troop protection equipment among units of the Armed Forces.
"(c)
"(1) ensuring the appropriate allocation of troop protection equipment among the units of the Armed Forces engaged in peace operations; and
"(2) monitoring the availability, status or condition, and location of such equipment.
"(d)
"(e)
"(1) A description of the programs designed to carry out antiterrorism activities of the Department of Defense, any deficiencies in those programs, and any actions taken by the Secretary to improve implementation of such programs.
"(2) An assessment of the current policies and practices of the Department of Defense with respect to the protection of members of the Armed Forces overseas against terrorist attack, including any modifications to such policies or practices that are proposed or implemented as a result of the assessment.
"(3) An assessment of the procedures of the Department of Defense for determining accountability, if any, in the command structure of the Armed Forces in instances in which a terrorist attack results in the loss of life at an overseas military installation or facility.
"(4) A detailed description of the roles of the Office of the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the combatant commanders in providing guidance and support with respect to the protection of members of the Armed Forces deployed overseas against terrorist attack (both before and after the November 1995 bombing in Riyadh, Saudi Arabia) and how these roles have changed since the June 25, 1996, terrorist bombing at Khobar Towers in Dhahran, Saudi Arabia.
"(5) A description of the actions taken by the Secretary of Defense under subsections (a), (b), and (c) to provide adequate troop protection equipment for units of the Armed Forces engaged in a peace operation."
Study of Investigative Practices of Military Criminal Investigative Organizations Relating to Sex Crimes
Pub. L. 105–85, div. A, title X, §1072, Nov. 18, 1997, 111 Stat. 1898, required the Secretary of Defense to provide for a study to be conducted by the National Academy of Public Administration of the policies, procedures, and practices of the military criminal investigative organizations for the conduct of investigations of complaints of sex crimes and other criminal sexual misconduct arising in the Armed Forces, required the Academy to submit a report to the Secretary not later than one year after Nov. 18, 1997, and directed the Secretary to submit the report and comments on the report to Congress not later than 30 days afterwards.
Annual Report on Moratorium on Use by Armed Forces of Antipersonnel Landmines
Pub. L. 105–85, div. A, title XIII, §1309, Nov. 18, 1997, 111 Stat. 1956, provided that:
"(a)
"(1) The United States has stated its support for a ban on antipersonnel landmines that is global in scope and verifiable.
"(2) On May 16, 1996, the President announced that the United States, as a matter of policy, would eliminate its stockpile of non-self-destructing antipersonnel landmines, except those used for training purposes and in Korea, and that the United States would reserve the right to use self-destructing antipersonnel landmines in the event of conflict.
"(3) On May 16, 1996, the President also announced that the United States would lead an effort to negotiate an international treaty permanently banning the use of all antipersonnel landmines.
"(4) The United States is currently participating at the United Nations Conference on Disarmament in negotiations aimed at achieving a global ban on the use of antipersonnel landmines.
"(5) On August 18, 1997, the administration agreed to participate in international negotiations sponsored by Canada (the so-called 'Ottawa process') designed to achieve a treaty that would outlaw the production, use, and sale of antipersonnel landmines.
"(6) On September 17, 1997, the President announced that the United States would not sign the antipersonnel landmine treaty concluded in Oslo, Norway, by participants in the Ottawa process because the treaty would not provide a geographic exception to allow the United States to stockpile and use antipersonnel landmines in Korea or an exemption that would preserve the ability of the United States to use mixed antitank mine systems which could be used to deter an armored assault against United States forces.
"(7) The President also announced a change in United States policy whereby the United States—
"(A) would no longer deploy antipersonnel landmines, including self-destructing antipersonnel landmines, by 2003, except in Korea;
"(B) would seek to field alternatives by that date, or by 2006 in the case of Korea;
"(C) would undertake a new initiative in the United Nations Conference on Disarmament to establish a global ban on the transfer of antipersonnel landmines; and
"(D) would increase its current humanitarian demining activities around the world.
"(8) The President's decision would allow the continued use by United States forces of self-destructing antipersonnel landmines that are used as part of a mixed antitank mine system.
"(9) Under existing law (as provided in section 580 of Public Law 104–107; 110 Stat. 751), on February 12, 1999, the United States will implement a one-year moratorium on the use of antipersonnel landmines by United States forces except along internationally recognized national borders or in demilitarized zones within a perimeter marked area that is monitored by military personnel and protected by adequate means to ensure the exclusion of civilians.
"(b)
"(1) the United States should not implement a moratorium on the use of antipersonnel landmines by United States Armed Forces in a manner that would endanger United States personnel or undermine the military effectiveness of United States Armed Forces in executing their missions; and
"(2) the United States should pursue the development of alternatives to self-destructing antipersonnel landmines.
"(c)
"(1) The military utility of the continued deployment and use by the United States of antipersonnel landmines.
"(2) The effect of a moratorium on the production, stockpiling, and use of antipersonnel landmines on the ability of United States forces to deter and defend against attack on land by hostile forces, including on the Korean peninsula.
"(3) Progress in developing and fielding systems that are effective substitutes for antipersonnel landmines, including an identification and description of the types of systems that are being developed and fielded, the costs associated with those systems, and the estimated timetable for developing and fielding those systems.
"(4) The effect of a moratorium on the use of antipersonnel landmines on the military effectiveness of current antitank mine systems.
"(5) The number and type of pure antipersonnel landmines that remain in the United States inventory and that are subject to elimination under the President's September 17, 1997, declaration on United States antipersonnel landmine policy.
"(6) The number and type of mixed antitank mine systems that are in the United States inventory, the locations where they are deployed, and their effect on the deterrence and warfighting ability of United States Armed Forces.
"(7) The effect of the elimination of pure antipersonnel landmines on the warfighting effectiveness of the United States Armed Forces.
"(8) The costs already incurred and anticipated of eliminating antipersonnel landmines from the United States inventory in accordance with the policy enunciated by the President on September 17, 1997.
"(9) The benefits that would result to United States military and civilian personnel from an international treaty banning the production, use, transfer, and stockpiling of antipersonnel landmines."
[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 1309(c) of Pub. L. 105–85, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.]
Hate Crimes in the Military
Pub. L. 104–201, div. A, title V, §571(a), (b), Sept. 23, 1996, 110 Stat. 2532, provided that:
"(a)
"(2) The Secretary of Defense shall also ensure that unit commanders are aware of their responsibilities in ensuring that impermissible activity based upon discriminatory motives does not occur in units under their command.
"(b)
Annual Report on Operation Provide Comfort and Operation Enhanced Southern Watch
Pub. L. 104–201, div. A, title X, §1041, Sept. 23, 1996, 110 Stat. 2640, required the Secretary of Defense to submit to Congress a report on Operation Provide Comfort and Operation Enhanced Southern Watch not later than Mar. 1 of each year and provided for the termination of the requirement with respect to each operation upon the termination of United States involvement in that operation.
Annual Report on Emerging Operational Concepts
Pub. L. 104–201, div. A, title X, §1042, Sept. 23, 1996, 110 Stat. 2642, as amended by Pub. L. 106–65, div. A, title X, §1067(5), Oct. 5, 1999, 113 Stat. 774, directed Secretary of Defense to submit to Committees on Armed Services of the Senate and the House of Representatives a report on emerging operational concepts not later than March 1 of each year through 2000, prior to repeal by Pub. L. 106–65, div. A, title II, §241(b), Oct. 5, 1999, 113 Stat. 550.
George C. Marshall European Center for Strategic Security Studies
Pub. L. 104–201, div. A, title X, §1065, Sept. 23, 1996, 110 Stat. 2653, as amended by Pub. L. 108–136, div. A, title X, §1031(f)(2), Nov. 24, 2003, 117 Stat. 1604; Pub. L. 109–163, div. A, title IX, §903(c)(2), Jan. 6, 2006, 119 Stat. 3399, which related to participation by a European or Eurasian nation in Marshall Center programs and exemptions for members of Marshall Center Board of Visitors from certain requirements, was repealed by Pub. L. 114–328, div. A, title XII, §1241(e)(5)(B), Dec. 23, 2016, 130 Stat. 2507. See section 342(h)(1), (2) of this title.
Pub. L. 103–337, div. A, title XIII, §1306, Oct. 5, 1994, 108 Stat. 2892, as amended by Pub. L. 108–136, div. A, title XII, §1223, Nov. 24, 2003, 117 Stat. 1652; Pub. L. 109–163, div. A, title IX, §903(c)(1), Jan. 6, 2006, 119 Stat. 3399, which related to waiver of reimbursement of costs of educational activities of the George C. Marshall European Center for Security Studies for military officers and civilian officials from states located in Europe or the territory of the former Soviet Union, was repealed by Pub. L. 114–328, div. A, title XII, §1241(e)(5)(C), Dec. 23, 2016, 130 Stat. 2507. See section 342(h)(3) of this title.
Participation of Members, Dependents, and Other Persons in Crime Prevention Efforts at Installations
Pub. L. 104–201, div. A, title X, §1070, Sept. 23, 1996, 110 Stat. 2656, required the development of an incentive-based plan to encourage reporting of criminal activity occurring on military installations or involving members of the Armed Forces and submission to Congress of a report describing the plan by Feb. 1, 1997.
Availability of Locator Information for Enforcement of Child Support Obligations of Members of the Armed Forces
Pub. L. 104–193, title III, §363(a), Aug. 22, 1996, 110 Stat. 2247, as amended by Pub. L. 107–296, title XVII, §1704(e)(1)(A), Nov. 25, 2002, 116 Stat. 2315, provided that:
"(1)
"(2)
"(A)
"(B)
"(i) who is permanently assigned overseas, to a vessel, or to a routinely deployable unit; or
"(ii) with respect to whom the Secretary concerned makes a determination that the member's residential address should not be disclosed due to national security or safety concerns.
"(3)
"(4)
Review of C4I by National Research Council
Pub. L. 104–106, div. A, title II, §262, Feb. 10, 1996, 110 Stat. 236, directed the Secretary of Defense, not later than 90 days after Feb. 10, 1996, to request the National Research Council of the National Academy of Sciences to conduct a two-year review of current and planned service and defense-wide programs for command, control, communications, computers, and intelligence, and required the Secretary to provide that the Council submit interim reports and a final report on the review to the Department of Defense and committees of Congress.
Strategy and Report on Automated Information Systems of Department of Defense
Pub. L. 104–106, div. A, title III, §366, Feb. 10, 1996, 110 Stat. 275, directed the Secretary of Defense to develop a strategy for the development or modernization of automated information systems for the Department of Defense and to submit to Congress a report on the development of such strategy not later than Apr. 15, 1996.
Report Concerning Appropriate Forum for Judicial Review of Department of Defense Personnel Actions
Pub. L. 104–106, div. A, title V, §551, Feb. 10, 1996, 110 Stat. 318, directed the Secretary of Defense to establish an advisory committee to consider issues relating to the appropriate forum for judicial review of Department of Defense administrative personnel actions, required the committee to submit a report to the Secretary of Defense not later than Dec. 15, 1996, required the Secretary to transmit the committee's report to Congress not later than Jan. 1, 1997, and provided for the termination of the committee 30 days after the date of the submission of its report to Congress.
Requirements for Automated Information Systems of Department of Defense
Pub. L. 103–337, div. A, title III, §381, Oct. 5, 1994, 108 Stat. 2738, required determinations, evaluations, and guidance regarding certain automated information systems, establishment of performance measures and management controls, and submission to Congress of reports in 1995, 1996, and 1997.
Pub. L. 104–201, div. A, title VIII, §830, Sept. 23, 1996, 110 Stat. 2614, as amended by Pub. L. 104–208, div. A, title I, §101(f) [title VIII, §808(c)], Sept. 30, 1996, 110 Stat. 3009–314, 3009-394, provided that Secretary of Defense was to include in report submitted in 1997 under section 381(f) of Pub. L. 103–337 [set out above] a discussion of progress made in implementing div. E of Pub. L. 104–106 [§§5001–5703, see Tables for classification] and strategy for development or modernization of automated information systems for Department of Defense, and plans of Department of Defense for establishing an integrated framework for management of information resources within the Department, and provided further specifications of the elements to be included in the discussion.
Annual Report on Personnel Readiness Factors by Race and Gender
Pub. L. 103–337, div. A, title V, §533, Oct. 5, 1994, 108 Stat. 2760, which provided that the Secretary of Defense was to submit to Congress an annual report on trends in recruiting, retention, and personnel readiness, was repealed by Pub. L. 115–91, div. A, title X, §1051(g), Dec. 12, 2017, 131 Stat. 1563.
Victims' Advocates Programs in Department of Defense
Pub. L. 103–337, div. A, title V, §534, Oct. 5, 1994, 108 Stat. 2761, provided that:
"(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
Pub. L. 103–337, div. A, title X, §1031, Oct. 5, 1994, 108 Stat. 2838, provided that:
"(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
Pub. L. 113–76, div. C, title VIII, §8067, Jan. 17, 2014, 128 Stat. 121, provided that: "Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect to apply to disbursements that are made by the Department of Defense in fiscal year 2014."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 113–6, div. C, title VIII, §8067, Mar. 26, 2013, 127 Stat. 313.
Pub. L. 112–74, div. A, title VIII, §8068, Dec. 23, 2011, 125 Stat. 822.
Pub. L. 112–10, div. A, title VIII, §8070, Apr. 15, 2011, 125 Stat. 73.
Pub. L. 111–118, div. A, title VIII, §8073, Dec. 19, 2009, 123 Stat. 3445.
Pub. L. 110–329, div. C, title VIII, §8073, Sept. 30, 2008, 122 Stat. 3637.
Pub. L. 110–116, div. A, title VIII, §8076, Nov. 13, 2007, 121 Stat. 1332.
Pub. L. 109–289, div. A, title VIII, §8074, Sept. 29, 2006, 120 Stat. 1291.
Pub. L. 109–148, div. A, title VIII, §8083, Dec. 30, 2005, 119 Stat. 2717.
Pub. L. 108–287, title VIII, §8091, Aug. 5, 2004, 118 Stat. 992.
Pub. L. 108–87, title VIII, §8092, Sept. 30, 2003, 117 Stat. 1094.
Pub. L. 107–248, title VIII, §8098, Oct. 23, 2002, 116 Stat. 1559.
Pub. L. 107–117, div. A, title VIII, §8118, Jan. 10, 2002, 115 Stat. 2273.
Pub. L. 106–259, title VIII, §8137, Aug. 9, 2000, 114 Stat. 704.
Pub. L. 104–208, div. A, title I, §101(b) [title VIII, §8106], Sept. 30, 1996, 110 Stat. 3009–71, 3009-111, as amended by Pub. L. 105–56, title VIII, §8113, Oct. 8, 1997, 111 Stat. 1245; Pub. L. 105–277, div. C, title I, §143, Oct. 21, 1998, 112 Stat. 2681–609; Pub. L. 106–79, title VIII, §8135, Oct. 25, 1999, 113 Stat. 1268, provided that:
"(a) The Secretary of Defense shall require each disbursement by the Department of Defense in an amount in excess of $500,000 be matched to a particular obligation before the disbursement is made.
"(b) The Secretary shall ensure that a disbursement in excess of the threshold amount applicable under section (a) is not divided into multiple disbursements of less than that amount for the purpose of avoiding the applicability of such section to that disbursement."
[Section 8113 of Pub. L. 105–56 provided that the amendment made by that section [amending section 101(b) [title VIII, §8106] of Pub. L. 104–208] set out above, is effective June 30, 1998.]
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 104–61, title VIII, §8102, Dec. 1, 1995, 109 Stat. 672.
Pub. L. 103–335, title VIII, §8137, Sept. 30, 1994, 108 Stat. 2654.
Notice to Congress of Proposed Changes in Combat Assignments to Which Female Members May Be Assigned
Pub. L. 103–160, div. A, title V, §542, Nov. 30, 1993, 107 Stat. 1659, as amended by Pub. L. 106–398, §1 [[div. A], title V, §573(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-136; Pub. L. 107–107, div. A, title V, §591, Dec. 28, 2001, 115 Stat. 1125, which generally required the Secretary of Defense to transmit to the Committees on Armed Services of the Senate and House of Representatives notice of a proposed change in 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 open to such assignments, and also required the Secretary to submit to Congress a report providing notice of certain proposed changes to the ground combat exclusion policy, was repealed and restated as section 652 of this title by Pub. L. 109–163, div. A, title V, §541(a)(1), (c), Jan. 6, 2006, 119 Stat. 3251, 3253.
Gender-Neutral Occupational Performance Standards
Pub. L. 103–160, div. A, title V, §543, Nov. 30, 1993, 107 Stat. 1660, as amended by Pub. L. 113–66, div. A, title V, §523, Dec. 26, 2013, 127 Stat. 756, provided that:
"(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 an occupational standard, 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 a military career designator, a member serving in that military career designator 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 military career designator.
"(c)
"(d)
"(1)
"(2)
"(A) in the case of enlisted members and warrant officers of the Armed Forces, military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and
"(B) in the case of commissioned officers (other than commissioned warrant officers), officer areas of concentration, occupational specialties, specialty codes, additional skill identifiers, and special qualification identifiers."
Security Clearances
Pub. L. 103–337, div. A, title X, §1041, Oct. 5, 1994, 108 Stat. 2842, directed the Secretary of Defense to submit to Congress, not later than 90 days after the close of each of fiscal years 1995 through 2000, a report concerning the denial, revocation, or suspension of security clearances for Department of Defense military and civilian personnel, and for Department of Defense contractor employees, for that fiscal year.
Pub. L. 103–160, div. A, title XI, §1183, Nov. 30, 1993, 107 Stat. 1774, required a review of the procedural safeguards available to Department of Defense civilian employees facing denial or revocation of security clearances, a report on the review by Mar. 1, 1994, and revision of regulations governing security clearance procedures for Department of Defense civilian employees by May 15, 1994.
Foreign Language Proficiency Test Program
Pub. L. 103–160, div. A, title V, §575, Nov. 30, 1993, 107 Stat. 1675, directed the Secretary of Defense to devel