Statutory Law - US Code - 10 USC 113. Secretary of Defense


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10 USC § 113. Secretary of Defense

*Current through Public Law 112-173, August 16th, 2012.

(a) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
(b) The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 (50 U.S.C. 401), he has authority, direction, and control over the Department of Defense.
(c)(1) The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(A) a report from each military department on the expenditures, work, and accomplishments of that department;
(B) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(C) such recommendations as he considers appropriate.

(2) At the same time that the Secretary submits the annual report under paragraph (1), the Secretary shall transmit to the President and Congress a separate report from the Reserve Forces Policy Board on on any reserve component matter that the Reserve Forces Policy Board considers appropriate to include in the report.
(d) Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense as he may designate.
(e)(1) The Secretary shall include in his annual report to Congress under subsection (c)—
(A) a description of the major military missions and of the military force structure of the United States for the next fiscal year;
(B) an explanation of the relationship of those military missions to that force structure; and
(C) the justification for those military missions and that force structure.

(2) In preparing the matter referred to in paragraph (1), the Secretary shall take into consideration the content of the annual national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a) for the fiscal year concerned.
(f) When a vacancy occurs in an office within the Department of Defense and the office is to be filled by a person appointed from civilian life by the President, by and with the advice and consent of the Senate, the Secretary of Defense shall inform the President of the qualifications needed by a person serving in that office to carry out effectively the duties and responsibilities of that office.
(g)(1) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the heads of Department of Defense components written policy guidance for the preparation and review of the program recommendations and budget proposals of their respective components. Such guidance shall include guidance on—
(A) national security objectives and policies;
(B) the priorities of military missions; and
(C) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective.

(2) The Secretary of Defense, with the approval of the President and after consultation with the Chairman of the Joint Chiefs of Staff, shall provide to the Chairman written policy guidance for the preparation and review of contingency plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities. Such guidance shall be provided every two years or more frequently as needed and shall include guidance on the specific force levels and specific supporting resource levels projected to be available for the period of time for which such plans are to be effective.
(h) The Secretary of Defense shall keep the Secretaries of the military departments informed with respect to military operations and activities of the Department of Defense that directly affect their respective responsibilities.
(i)(1) The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries.
(2) Each such report shall—
(A) include a comparison of the defense capabilities and programs of the armed forces of the United States and its allies with the armed forces of potential adversaries of the United States and allies of the United States;
(B) include an examination of the trends experienced in those capabilities and programs during the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221 of this title;
(C) include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the armed forces of the United States on short notice to meet a resurgent or increased threat to the national security of the United States;
(D) reflect, in the overall assessment and in the strategic and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the budget submitted to Congress under section 1105 of title 31 in the year in which the report is submitted and in the five-year defense program submitted in such year; and
(E) identify the deficiencies in the defense capabilities of the armed forces of the United States in such budget and such five-year defense program.

(3) The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the President submits the budget to Congress under section 1105 of title 31 in that year. Such report shall be transmitted in both classified and unclassified form.
(j)(1) Not later than April 8 of each year, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives a report on the cost of stationing United States forces outside of the United States. Each such report shall include a detailed statement of the following:
(A) 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)(1) The Secretary shall include in the annual report to Congress under subsection (c) the following:
(A) A comparison of the amounts provided in the defense budget for support and for mission activities for each of the preceding five fiscal years.
(B) A comparison of the following for each of the preceding five fiscal years:
(i) The number of military personnel, shown by major occupational category, assigned to support positions or to mission positions.
(ii) The number of civilian personnel, shown by major occupational category, assigned to support positions or to mission positions.
(iii) The number of contractor personnel performing support functions.

(C) An accounting for each of the preceding five fiscal years of the following:
(i) The number of military and civilian personnel, shown by armed force and by major occupational category, assigned to support positions.
(ii) The number of contractor personnel performing support functions.

(D) An identification, for each of the three workforce sectors (military, civilian, and contractor) of the percentage of the total number of personnel in that workforce sector that is providing support to headquarters and headquarters support activities for each of the preceding five fiscal years.

(2) Contractor personnel shall be determined for purposes of paragraph (1) by using contractor full-time equivalents, based on the inventory required under section 2330a of this title.
(m) Information To Accompany Funding Request for Contingency Operation.—Whenever the President submits to Congress a request for appropriations for costs associated with a contingency operation that involves, or likely will involve, the deployment of more than 500 members of the armed forces, the Secretary of Defense shall submit to Congress a report on the objectives of the operation. The report shall include a discussion of the following:
(1) What clear and distinct objectives guide the activities of United States forces in the operation.
(2) What the President has identified on the basis of those objectives as the date, or the set of conditions, that defines the endpoint of the operation.
(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.)
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, provided that:
“(a) Report Required.—Not later than 90 days after the date of the enactment of this Act [Jan. 7, 2011], the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the organizational structure and policy guidance of the Department of Defense with respect to information operations.
“(b) Review.—In preparing the report required by subsection (a), the Secretary shall review the following:
“(1) The extent to which the current definition of ‘information operations’ in Department of Defense Directive 3600.1 is appropriate.
“(2) The location of the office within the Department of the lead official responsible for information operations of the Department, including assessments of the most effective location and the need to designate a principal staff assistant to the Secretary of Defense for information operations.
“(3) Departmental responsibility for the development, coordination, and oversight of Department policy on information operations and for the integration of such operations.
“(4) Departmental responsibility for the planning, execution, and oversight of Department information operations.
“(5) Departmental responsibility for coordination within the Department, and between the Department and other departments and agencies of the Federal Government, regarding Department information operations, and for the resolution of conflicts in the discharge of such operations, including an assessment of current coordination bodies and decisionmaking processes.
“(6) The roles and responsibilities of the military departments, combat support agencies, the United States Special Operations Command, and the other combatant commands in the development and implementation of information operations.
“(7) The roles and responsibilities of the defense intelligence agencies for support of information operations.
“(8) The role in information operations of the following Department officials:
“(A) The Assistant Secretary of Defense for Public Affairs.
“(B) The Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict.
“(C) The senior official responsible for information processing and networking capabilities.
“(9) The role of related capabilities in the discharge of information operations, including public affairs capabilities, civil-military operations capabilities, defense support of public diplomacy, and intelligence.
“(10) The management structure of computer network operations in the Department for the discharge of information operations, and the policy in support of that component.
“(11) The appropriate use, management, and oversight of contractors in the development and implementation of information operations, including an assessment of current guidance and policy directives pertaining to the uses of contractors for these purposes.
“(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, with a classified annex, if necessary.
“(d) Department of Defense Directive.—Upon the submittal of the report required by subsection (a), the Secretary shall prescribe a revised directive for the Department of Defense on information operations. The directive shall take into account the results of the review conducted for purposes of the report.
“(e) Information Operations Defined.—In this section, the term ‘information operations’ means the information operations specified in Department of Defense Directive 3600.1, as follows:
“(1) Electronic warfare.
“(2) Computer network operations.
“(3) Psychological operations.
“(4) Military deception.
“(5) Operations security.”
Biennial Report on Nuclear Triad
Pub. L. 111–383, div. A, title X, §1054, Jan. 7, 2011, 124 Stat. 4358, provided that:
“(a) Report.—Not later than March 1 of each even-numbered year, beginning March 1, 2012, the Secretary of Defense, in consultation with the Administrator for Nuclear Security, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the nuclear triad.
“(b) Matters Included.—The report under subsection (a) shall include the following:
“(1) A detailed discussion of the modernization and sustainment plans for each component of the nuclear triad over the 10-year period beginning on the date of the report.
“(2) The funding required for each platform of the nuclear triad with respect to operation and maintenance, modernization, and replacement.
“(3) Any industrial capacities that the Secretary considers vital to ensure the viability of the nuclear triad.
“(c) Nuclear Triad Defined.—In this section, the term ‘nuclear triad’ means the nuclear deterrent capabilities of the United States composed of ballistic missile submarines, land-based missiles, and strategic bombers.”
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, provided that:
“(a) Policy and Acquisition Strategy Required.—The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall establish a policy and an acquisition strategy for intelligence, surveillance, and reconnaissance payloads and ground stations for manned and unmanned aerial vehicle systems. The policy and acquisition strategy shall be applicable throughout the Department of Defense and shall achieve integrated research, development, test, and evaluation, and procurement commonality.
“(b) Objectives.—The policy and acquisition strategy required by subsection (a) shall have the following objectives:
“(1) Procurement of common payloads by vehicle class, including—
“(A) signals intelligence;
“(B) electro optical;
“(C) synthetic aperture radar;
“(D) ground moving target indicator;
“(E) conventional explosive detection;
“(F) foliage penetrating radar;
“(G) laser designator;
“(H) chemical, biological, radiological, nuclear, [or] explosive detection; and
“(I) national airspace operations avionics or sensors, or both.
“(2) Commonality of ground system architecture by vehicle class.
“(3) Common management of vehicle and payloads procurement.
“(4) Ground station interoperability standardization.
“(5) Maximum use of commercial standard hardware and interfaces.
“(6) Open architecture software.
“(7) Acquisition of technical data rights in accordance with section 2320 of title 10, United States Code.
“(8) Acquisition of vehicles, payloads, and ground stations through competitive procurement.
“(9) Common standards for exchange of data and metadata.
“(c) Affected Systems.—For the purposes of this section, the Secretary shall establish manned and unmanned aerial vehicle classes for all intelligence, surveillance, and reconnaissance programs of record based on factors such as vehicle weight, payload capacity, and mission.
“(d) Report.—Not later than 120 days after the date of the enactment of this Act [Oct. 14, 2008], the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing—
“(1) the policy required by subsection (a); and
“(2) the acquisition strategy required by subsection (a).”
Protection of Certain Individuals
Pub. L. 110–181, div. A, title X, §1074, Jan. 28, 2008, 122 Stat. 330, provided that:
“(a) Protection for Department Leadership.—The Secretary of Defense, under regulations prescribed by the Secretary and in accordance with guidelines approved by the Secretary and the Attorney General, may authorize qualified members of the Armed Forces and qualified civilian employees of the Department of Defense to provide physical protection and personal security within the United States to the following persons who, by nature of their positions, require continuous security and protection:
“(1) Secretary of Defense.
“(2) Deputy Secretary of Defense.
“(3) Chairman of the Joint Chiefs of Staff.
“(4) Vice Chairman of the Joint Chiefs of Staff.
“(5) Secretaries of the military departments.
“(6) Chiefs of the Services.
“(7) Commanders of combatant commands.
“(b) Protection for Additional Personnel.—
“(1) Authority to provide.—The Secretary of Defense, under regulations prescribed by the Secretary and in accordance with guidelines approved by the Secretary and the Attorney General, may authorize qualified members of the Armed Forces and qualified civilian employees of the Department of Defense to provide physical protection and personal security within the United States to individuals other than individuals described in paragraphs (1) through (7) of subsection (a) if the Secretary determines that such protection and security are necessary because—
“(A) there is an imminent and credible threat to the safety of the individual for whom protection is to be provided; or
“(B) compelling operational considerations make such protection essential to the conduct of official Department of Defense business.
“(2) Personnel.—Individuals authorized to receive physical protection and personal security under this subsection include the following:
“(A) Any official, military member, or employee of the Department of Defense.
“(B) A former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for a period of up to two years beginning on the date on which the official separates from the Department.
“(C) A head of a foreign state, an official representative of a foreign government, or any other distinguished foreign visitor to the United States who is primarily conducting official business with the Department of Defense.
“(D) Any member of the immediate family of a person authorized to receive physical protection and personal security under this section.
“(E) An individual who has been designated by the President, and who has received the advice and consent of the Senate, to serve as Secretary of Defense, but who has not yet been appointed as Secretary of Defense.
“(3) Limitation on delegation.—The authority of the Secretary of Defense to authorize the provision of physical protection and personal security under this subsection may be delegated only to the Deputy Secretary of Defense.
“(4) Requirement for written determination.—A determination of the Secretary of Defense to provide physical protection and personal security under this subsection shall be in writing, shall be based on a threat assessment by an appropriate law enforcement, security, or intelligence organization, and shall include the name and title of the officer, employee, or other individual affected, the reason for such determination, the duration of the authorized protection and security for such officer, employee, or individual, and the nature of the arrangements for the protection and security.
“(5) Duration of protection.—
“(A) Initial period of protection.—After making a written determination under paragraph (4), the Secretary of Defense may provide protection and security to an individual under this subsection for an initial period of not more than 90 calendar days.
“(B) Subsequent period.—If, at the end of the period that protection and security is provided to an individual under subsection (A), the Secretary determines that a condition described in subparagraph (A) or (B) of paragraph (1) continues to exist with respect to the individual, the Secretary may extend the period that such protection and security is provided for additional 60-day periods. The Secretary shall review such a determination at the end of each 60-day period to determine whether to continue to provide such protection and security.
“(C) Requirement for compliance with regulations.—Protection and personal security provided under subparagraph (B) shall be provided in accordance with the regulations and guidelines referred to in paragraph (1).
“(6) Submission to congress.—
“(A) In general.—The Secretary of Defense shall submit to the congressional defense committees each determination made under paragraph (4) to provide protection and security to an individual and of each determination under paragraph (5)(B) to extend such protection and security, together with the justification for such determination, not later than 15 days after the date on which the determination is made.
“(B) Form of report.—A report submitted under subparagraph (A) may be made in classified form.
“(C) Regulations and guidelines.—The Secretary of Defense shall submit to the congressional defense committees the regulations and guidelines prescribed pursuant to paragraph (1) not less than 20 days before the date on which such regulations take effect.
“(c) Definitions.—In this section:
“(1) Congressional defense committees.—The term ‘congressional defense committees’ means the Committee on Appropriations and the Committee on Armed Services of the Senate and the Committee on Appropriations and the Committee on Armed Services of the House of Representatives.
“(2) Qualified members of the armed forces and qualified civilian employees of the department of defense.—The terms ‘qualified members of the Armed Forces’ and ‘qualified civilian employees of the Department of Defense’ refer collectively to members or employees who are assigned to investigative, law enforcement, or security duties of any of the following:
“(A) The Army Criminal Investigation Command.
“(B) The Naval Criminal Investigative Service.
“(C) The Air Force Office of Special Investigations.
“(D) The Defense Criminal Investigative Service.
“(E) The Pentagon Force Protection Agency.
“(d) Construction.—
“(1) No additional law enforcement or arrest authority.—Other than the authority to provide protection and security under this section, nothing in this section may be construed to bestow any additional law enforcement or arrest authority upon the qualified members of the Armed Forces and qualified civilian employees of the Department of Defense.
“(2) Posse comitatus.—Nothing in this section shall be construed to abridge section 1385 of title 18, United States Code.
“(3) Authorities of other departments.—Nothing in this section may be construed to preclude or limit, in any way, the express or implied powers of the Secretary of Defense or other Department of Defense officials, or the duties and authorities of the Secretary of State, the Director of the United States Secret Service, the Director of the United States Marshals Service, or any other Federal law enforcement agency.”
Authority To Provide Automatic Identification System Data on Maritime Shipping to Foreign Countries and International Organizations
Pub. L. 110–181, div. A, title XII, §1208, Jan. 28, 2008, 122 Stat. 367, provided that:
“(a) Authority To Provide Data.—The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the Secretary of a military department or a commander of a combatant command to exchange or furnish automatic identification system data broadcast by merchant or private ships and collected by the United States to a foreign country or international organization pursuant to an agreement for the exchange or production of such data. Such data may be transferred pursuant to this section without cost to the recipient country or international organization.
“(b) Definitions.—In this section:
“(1) Automatic identification system.—The term ‘automatic identification system’ means a system that is used to satisfy the requirements of the Automatic Identification System under the International Convention for the Safety of Life at Sea, signed at London on November 1, 1974 (TIAS 9700) [see 33 U.S.C. 1602 and notes thereunder].
“(2) Geographic combatant commander.—The term ‘commander of a combatant command’ means a commander of a combatant command (as such term is defined in section 161(c) of title 10, United States Code) with a geographic area of responsibility.”
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, provided that:
“(a) Requirement for Plan.—
“(1) In general.—Not later than June 1, 2008, the Secretary of Defense, in consultation with the Secretary of Homeland Security, the Chairman of the Joint Chiefs of Staff, the commander of the United States Northern Command, and the Chief of the National Guard Bureau, shall prepare and submit to Congress a plan for coordinating the use of the National Guard and members of the Armed Forces on active duty when responding to natural disasters, acts of terrorism, and other man-made disasters as identified in the national planning scenarios described in subsection (e).
“(2) Update.—Not later than June 1, 2010, the Secretary, in consultation with the persons consulted under paragraph (1), shall submit to Congress an update of the plan required under paragraph (1).
“(b) Information To Be Provided to Secretary.—To assist the Secretary of Defense in preparing the plan, the National Guard Bureau, pursuant to its purpose as channel of communications as set forth in section 10501(b) of title 10, United States Code, shall provide to the Secretary information gathered from Governors, adjutants general of States, and other State civil authorities responsible for homeland preparation and response to natural and man-made disasters.
“(c) Two Versions.—The plan shall set forth two versions of response, one using only members of the National Guard, and one using both members of the National Guard and members of the regular components of the Armed Forces.
“(d) Matters Covered.—The plan shall cover, at a minimum, the following:
“(1) Protocols for the Department of Defense, the National Guard Bureau, and the Governors of the several States to carry out operations in coordination with each other and to ensure that Governors and local communities are properly informed and remain in control in their respective States and communities.
“(2) An identification of operational procedures, command structures, and lines of communication to ensure a coordinated, efficient response to contingencies.
“(3) An identification of the training and equipment needed for both National Guard personnel and members of the Armed Forces on active duty to provide military assistance to civil authorities and for other domestic operations to respond to hazards identified in the national planning scenarios.
“(e) National Planning Scenarios.—The plan shall provide for response to the following hazards:
“(1) Nuclear detonation, biological attack, biological disease outbreak/pandemic flu, the plague, chemical attack-blister agent, chemical attack-toxic industrial chemicals, chemical attack-nerve agent, chemical attack-chlorine tank explosion, major hurricane, major earthquake, radiological attack-radiological dispersal device, explosives attack-bombing using improvised explosive device, biological attack-food contamination, biological attack-foreign animal disease and cyber attack.
“(2) Any other hazards identified in a national planning scenario developed by the Homeland Security Council.”
Determination of Department of Defense Civil Support Requirements
Pub. L. 110–181, div. A, title XVIII, §1815(a)–(d), Jan. 28, 2008, 122 Stat. 499, provided that:
“(a) Determination of Requirements.—The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall determine the military-unique capabilities needed to be provided by the Department of Defense to support civil authorities in an incident of national significance or a catastrophic incident.
“(b) Plan for Funding Capabilities.—
“(1) Plan.—The Secretary of Defense shall develop and implement a plan, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, for providing the funds and resources necessary to develop and maintain the following:
“(A) The military-unique capabilities determined under subsection (a).
“(B) Any additional capabilities determined by the Secretary to be necessary to support the use of the active components and the reserve components of the Armed Forces for homeland defense missions, domestic emergency responses, and providing military support to civil authorities.
“(2) Term of plan.—The plan required under paragraph (1) shall cover at least five years.
“(c) Budget.—The Secretary of Defense shall include in the materials accompanying the budget submitted for each fiscal year a request for funds necessary to carry out the plan required under subsection (b) during the fiscal year covered by the budget. The defense budget materials shall delineate and explain the budget treatment of the plan for each component of each military department, each combatant command, and each affected Defense Agency.
“(d) Definitions.—In this section:
“(1) The term ‘military-unique capabilities’ means those capabilities that, in the view of the Secretary of Defense—
“(A) cannot be provided by other Federal, State, or local civilian agencies; and
“(B) are essential to provide support to civil authorities in an incident of national significance or a catastrophic incident.
“(2) The term ‘defense budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.”
Database of Emergency Response Capabilities
Pub. L. 109–364, div. A, title XIV, §1406, Oct. 17, 2006, 120 Stat. 2436, provided that: “The Secretary of Defense shall maintain a database of emergency response capabilities that includes the following:
“(1) The types of emergency response capabilities that each State's National Guard, as reported by the States, may be able to provide in response to a domestic natural or manmade disaster, both to their home States and under State-to-State mutual assistance agreements.
“(2) The types of emergency response capabilities that the Department of Defense may be able to provide in support of the National Response Plan's Emergency Support Functions, and identification of the units that provide these capabilities.”
Report Regarding Effect on Military Readiness of Undocumented Immigrants Trespassing Upon Operational Ranges
Pub. L. 109–163, div. A, title III, §354, Jan. 6, 2006, 119 Stat. 3204, provided that:
“(a) Report Containing Assessment and Response Plan.—Not later than April 15, 2006, the Secretary of Defense shall submit to Congress a report containing—
“(1) an assessment of the impact on military readiness caused by undocumented immigrants whose entry into the United States involves trespassing upon operational ranges of the Department of Defense; and
“(2) a plan for the implementation of measures to prevent such trespass.
“(b) Preparation and Elements of Assessment.—The assessment required by subsection (a)(1) shall be prepared by the Secretary of Defense. The assessment shall include the following:
“(1) A listing of the operational ranges adversely affected by the trespass of undocumented immigrants upon operational ranges.
“(2) A description of the types of range activities affected by such trespass.
“(3) A determination of the amount of time lost for range activities, and the increased costs incurred, as a result of such trespass.
“(4) An evaluation of the nature and extent of such trespass and means of travel.
“(5) An evaluation of the factors that contribute to the use by undocumented immigrants of operational ranges as a means to enter the United States.
“(6) A description of measures currently in place to prevent such trespass, including the use of barriers to vehicles and persons, military patrols, border patrols, and sensors.
“(c) Preparation and Elements of Plan.—The plan required by subsection (a)(2) shall be prepared jointly by the Secretary of Defense and the Secretary of Homeland Security. The plan shall include the following:
“(1) The types of measures to be implemented to improve prevention of trespass of undocumented immigrants upon operational ranges, including the specific physical methods, such as barriers and increased patrols or monitoring, to be implemented and any legal or other policy changes recommended by the Secretaries.
“(2) The costs of, and timeline for, implementation of the plan.
“(d) Implementation Reports.—Not later than September 15, 2006, March 15, 2007, September 15, 2007, and March 15, 2008, the Secretary of Defense shall submit to Congress a report detailing the progress made by the Department of Defense, during the period covered by the report, in implementing measures recommended in the plan required by subsection (a)(2) to prevent undocumented immigrants from trespassing upon operational ranges. Each report shall include the number and types of mitigation measures implemented and the success of such measures in preventing such trespass.
“(e) Definitions.—In this section, the terms ‘operational range’ and ‘range activities’ have the meaning given those terms in section 101(e) of title 10, United States Code.”
Reports by Officers and Senior Enlisted Members of Conviction of Criminal Law
Pub. L. 109–163, div. A, title V, §554, Jan. 6, 2006, 119 Stat. 3264, provided that:
“(a) Requirement for Reports.—
“(1) In general.—The Secretary of Defense shall prescribe in regulations a requirement that each covered member of the Armed Forces shall submit to an authority in the military department concerned designated pursuant to such regulations a timely report of any conviction of such member by any law enforcement authority of the United States for a violation of a criminal law of the United States, whether or not the member is on active duty at the time of the conduct that provides the basis for the conviction. The regulations shall apply uniformly throughout the military departments.
“(2) Covered members.—In this section, the term ‘covered member of the Armed Forces’ means a member of the Army, Navy, Air Force, or Marine Corps who is on the active-duty list or the reserve active-status list and who is—
“(A) an officer; or
“(B) an enlisted member in a pay grade above pay grade E–6.
“(b) Law Enforcement Authority of the United States.—For purposes of this section, a law enforcement authority of the United States includes—
“(1) a military or other Federal law enforcement authority;
“(2) a State or local law enforcement authority; and
“(3) such other law enforcement authorities within the United States as the Secretary shall specify in the regulations prescribed pursuant to subsection (a).
“(c) Criminal Law of the United States.—
“(1) In general.—Except as provided in paragraph (2), for purposes of this section, a criminal law of the United States includes—
“(A) any military or other Federal criminal law;
“(B) any State, county, municipal, or local criminal law or ordinance; and
“(C) such other criminal laws and ordinances of jurisdictions within the United States as the Secretary shall specify in the regulations prescribed pursuant to subsection (a).
“(2) Exception.—For purposes of this section, a criminal law of the United States shall not include a law or ordinance specifying a minor traffic offense (as determined by the Secretary for purposes of such regulations).
“(d) Timeliness of Reports.—The regulations prescribed pursuant to subsection (a) shall establish requirements for the timeliness of reports under this section.
“(e) Forwarding of Information.—The regulations prescribed pursuant to subsection (a) shall provide that, in the event a military department receives information that a covered member of the Armed Forces under the jurisdiction of another military department has become subject to a conviction for which a report is required by this section, the Secretary of the military department receiving such information shall, in accordance with such procedures as the Secretary of Defense shall establish in such regulations, forward such information to the authority in the military department having jurisdiction over such member designated pursuant to such regulations.
“(f) Convictions.—In this section, the term ‘conviction’ includes any plea of guilty or nolo contendere.
“(g) Deadline for Regulations.—The regulations required by subsection (a), including the requirement in subsection (e), shall go into effect not later than the end of the 180-day period beginning on the date of the enactment of this Act [Jan. 6, 2006].
“(h) Applicability of Requirement.—The requirement under the regulations required by subsection (a) that a covered member of the Armed Forces submit notice of a conviction shall apply only to a conviction that becomes final after the date of the enactment of this Act [Jan. 6, 2006].”
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, provided that:
“(a) Requirement for Annual Report.—
“(1) Department of defense costs.—Not later than April 30 of each year, the Secretary of Defense shall submit to the congressional committees specified in paragraph (2) a report on Department of Defense costs during the preceding fiscal year to carry out United Nations resolutions.
“(2) Specified committees.—The committees specified in this paragraph are—
“(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
“(B) the Committee on Armed Services, the Committee on International Relations [now Committee on Foreign Affairs], and the Committee on Appropriations of the House of Representatives.
“(b) Matters to Be Included.—Each report under subsection (a) shall set forth the following:
“(1) All direct and indirect costs (including incremental costs) incurred by the Department of Defense during the preceding fiscal year in implementing or supporting any resolution adopted by the United Nations Security Council, including any such resolution calling for—
“(A) international sanctions;
“(B) international peacekeeping operations;
“(C) international peace enforcement operations;
“(D) monitoring missions;
“(E) observer missions; or
“(F) humanitarian missions.
“(2) An aggregate of all such Department of Defense costs by operation or mission and the total cost to United Nations members of each operation or mission.
“(3) All direct and indirect costs (including incremental costs) incurred by the Department of Defense during the preceding fiscal year in training, equipping, and otherwise assisting, preparing, providing resources for, and transporting foreign defense or security forces for implementing or supporting any resolution adopted by the United Nations Security Council, including any such resolution specified in paragraph (1).
“(4) All efforts made to seek credit against past United Nations expenditures.
“(5) All efforts made to seek compensation from the United Nations for costs incurred by the Department of Defense in implementing and supporting United Nations activities.
“(c) Coordination.—The report under subsection (a) each year shall be prepared in coordination with the Secretary of State.
“(d) Form of Report.—Each report required by this section shall be submitted in unclassified form, but may include a classified annex.”
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, provided that:
“(a) Criteria for Critical Information.—(1) The Secretary of Defense shall establish criteria for determining categories of critical information that should be made known expeditiously to senior civilian and military officials in the Department of Defense. Those categories should be limited to matters of extraordinary significance and strategic impact to which rapid access by those officials is essential to the successful accomplishment of the national security strategy or a major military mission. The Secretary may from time to time modify the list to suit the current strategic situation.
“(2) The Secretary shall provide the criteria established under paragraph (1) to the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, the commanders of the unified and specified commands, the commanders of deployed forces, and such other elements of the Department of Defense as the Secretary considers necessary.
“(b) Matters To Be Included.—The criteria established under subsection (a) shall include, at a minimum, requirement for identification of the following:
“(1) Any incident that may result in a contingency operation, based on the incident's nature, gravity, or potential for significant adverse consequences to United States citizens, military personnel, interests, or assets, including an incident that could result in significant adverse publicity having a major strategic impact.
“(2) Any event, development, or situation that could be reasonably assumed to escalate into an incident described in paragraph (1).
“(3) Any deficiency or error in policy, standards, or training that could be reasonably assumed to have the effects described in paragraph (1).
“(c) Requirements for Transmission of Critical Information.—The criteria under subsection (a) shall include such requirements for transmission of such critical information to such senior civilian and military officials of the Department of Defense as the Secretary of Defense considers appropriate.
“(d) Time for Issuance of Criteria.—The Secretary of Defense shall establish the criteria required by subsection (a) not later than 120 days after the date of the enactment of this Act [Oct. 28, 2004].”
Policy on Public Identification of Casualties
Pub. L. 108–136, div. A, title V, §546, Nov. 24, 2003, 117 Stat. 1479, provided that:
“(a) Requirement for Policy.—Not later than 180 days after the date of the enactment of this Act [Nov. 24, 2003], the Secretary of Defense shall prescribe the policy of the Department of Defense on public release of the name or other personally identifying information of any member of the Army, Navy, Air Force, or Marine Corps who while on active duty or performing inactive-duty training is killed or injured, whose duty status becomes unknown, or who is otherwise considered to be a casualty.
“(b) Guidance on Timing of Release.—The policy under subsection (a) shall include guidance for ensuring that any public release of information on a member under the policy occurs only after the lapse of an appropriate period following notification of the next-of-kin regarding the casualty status of such member.”
Plan for Prompt Global Strike Capability
Pub. L. 110–181, div. A, title II, §243, Jan. 28, 2008, 122 Stat. 51, provided that:
“(a) Research, Development, and Testing Plan.—The Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a research, development, and testing plan for prompt global strike program objectives for fiscal years 2008 through 2013.
“(b) Plan for Obligation and Expenditure of Funds.—
“(1) In general.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for obligation and expenditure of funds available for prompt global strike for fiscal year 2008. The plan shall include correlations between each technology application being developed in fiscal year 2008 and the prompt global strike alternative or alternatives toward which the technology application applies.
“(2) Limitation.—The Under Secretary shall not implement the plan required by paragraph (1) until at least 10 days after the plan is submitted as required by that paragraph.”
Pub. L. 108–136, div. A, title X, §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, provided that:
“(a) Integrated Plan for Prompt Global Strike Capability.—The Secretary of Defense shall establish an integrated plan for developing, deploying, and sustaining a prompt global strike capability in the Armed Forces. The Secretary shall update the plan annually.
“(b) Annual Reports.—(1) Not later than April 1 of each of 2004, 2005, and 2006, and each of 2007, 2008, and 2009, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a report on the plan established under subsection (a).
“(2) Each report under paragraph (1) shall include the following:
“(A) A description and assessment of the targets against which long-range strike assets might be directed and the conditions under which those assets might be used.
“(B) The role of, and plans for ensuring, sustainment and modernization of current long-range strike assets, including bombers, intercontinental ballistic missiles, and submarine-launched ballistic missiles.
“(C) A description of the capabilities desired for advanced long-range strike assets and plans to achieve those capabilities.
“(D) A description of the capabilities desired for advanced conventional munitions and the plans to achieve those capabilities.
“(E) An assessment of advanced nuclear concepts that could contribute to the prompt global strike mission.
“(F) An assessment of the command, control, and communications capabilities necessary to support prompt global strike capabilities.
“(G) An assessment of intelligence, surveillance, and reconnaissance capabilities necessary to support prompt global strike capabilities.
“(H) A description of how prompt global strike capabilities are to be integrated with theater strike capabilities.
“(I) An estimated schedule for achieving the desired prompt global strike capabilities.
“(J) The estimated cost of achieving the desired prompt global strike capabilities.
“(K) A description of ongoing and future studies necessary for updating the plan appropriately.”
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, provided that:
“(a) Comprehensive Plan.—The Secretary of Defense shall develop a comprehensive plan for improving the preparedness of military installations for preventing and responding to terrorist attacks, including attacks involving the use or threat of use of weapons of mass destruction.
“(b) Preparedness Strategy.—The plan under subsection (a) shall include a preparedness strategy that includes each of the following:
“(1) Identification of long-term goals and objectives for improving the preparedness of military installations for preventing and responding to terrorist attacks.
“(2) Identification of budget and other resource requirements necessary to achieve those goals and objectives.
“(3) Identification of factors beyond the control of the Secretary that could impede the achievement of those goals and objectives.
“(4) A discussion of the extent to which local, regional, or national military response capabilities are to be developed, integrated, and used.
“(5) A discussion of how the Secretary will coordinate the capabilities referred to in paragraph (4) with local, regional, or national civilian and other military capabilities.
“(c) Performance Plan.—The plan under subsection (a) shall include a performance plan that includes each of the following:
“(1) A reasonable schedule, with milestones, for achieving the goals and objectives of the strategy under subsection (b).
“(2) Performance criteria for measuring progress in achieving those goals and objectives.
“(3) A description of the process, together with a discussion of the resources, necessary to achieve those goals and objectives.
“(4) A description of the process for evaluating results in achieving those goals and objectives.
“(d) Submittal to Congress.—The Secretary shall submit the comprehensive plan developed under subsection (a) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 180 days after the date of the enactment of this Act [Dec. 2, 2002].
“(e) Comptroller General Review and Report.—Not later than 60 days after the date on which the Secretary submits the comprehensive plan under subsection (a), the Comptroller General shall review the plan and submit to the committees referred to in subsection (d) the Comptroller General's assessment of the plan.
“(f) Annual Report.—(1) In each of 2004, 2005, and 2006, the Secretary of Defense shall include a report on the comprehensive plan developed under subsection (a) with the materials that the Secretary submits to Congress in support of the budget submitted by the President that year pursuant to section 1105(a) of title 31, United States Code.
“(2) Each such report shall include—
“(A) a discussion of any revision that the Secretary has made in the comprehensive plan developed under subsection (a) since the last report under this subsection or, in the case of the first such report, since the plan was submitted under subsection (d); and
“(B) an assessment of the progress made in achieving the goals and objectives of the strategy set forth in the plan.
“(3) If the Secretary includes in the report for 2004 or 2005 under this subsection a declaration that the goals and objectives of the preparedness strategy set forth in the comprehensive plan have been achieved, no further report is required under this subsection.”
Policy Concerning Rights of Individuals Whose Names Have Been Entered Into Department of Defense Official Criminal Investigative Reports
Pub. L. 106–398, §1 [[div. A], title V, §552], Oct. 30, 2000, 114 Stat. 1654, 1654A–125, provided that:
“(a) Policy Requirement.—The Secretary of Defense shall establish a policy creating a uniform process within the Department of Defense that—
“(1) affords any individual who, in connection with the investigation of a reported crime, is designated (by name or by any other identifying information) as a suspect in the case in any official investigative report, or in a central index for potential retrieval and analysis by law enforcement organizations, an opportunity to obtain a review of that designation; and
“(2) requires the expungement of the name and other identifying information of any such individual from such report or index in any case in which it is determined the entry of such identifying information on that individual was made contrary to Department of Defense requirements.
“(b) Effective Date.—The policy required by subsection (a) shall be established not later than 120 days after the date of the enactment of this Act [Oct. 30, 2000].”
Test of Ability of Reserve Component Intelligence Units and Personnel To Meet Current and Emerging Defense Intelligence Needs
Pub. L. 106–398, §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.
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.
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, provided that:
“(a) Annual Report.—Not later than March 1 each year, the Secretary of Defense shall submit to the specified congressional committees a report, in both classified and unclassified form, on military and security developments involving the People's Republic of China. The report shall address the current and probable future course of military-technological development of the People's Liberation Army and the tenets and probable development of Chinese security strategy and military strategy, and of military organizations and operational concepts, through the next 20 years. The report shall also address United States-China engagement and cooperation on security matters during the period covered by the report, including through United States-China military-to-military contacts, and the United States strategy for such engagement and cooperation in the future.
“(b) Matters To Be Included.—Each report under this section shall include analyses and forecasts of the following:
“(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) Developments in Chinese military doctrine and training.
“(7) Efforts, including technology transfers and espionage, by the People's Republic of China to develop, acquire, or gain access to information, communication, space and other advanced technologies that would enhance military capabilities 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.
“(8) An assessment of any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act (Public Law 96–8) [22 U.S.C. 3301 et seq.].
“(9) Developments in China's asymmetric capabilities, including efforts to acquire, develop, and deploy cyberwarfare capabilities. Such analyses shall include an assessment of the nature of China's cyber activities directed against the Department of Defense and an assessment of the damage inflicted on the Department of Defense by reason thereof. Such cyber activities shall include activities originating or suspected of originating from China and shall include government and non-government activities believed to be sanctioned or supported by the Government of China.
“(10) In consultation with the Secretary of Energy and the Secretary of State, developments regarding United States-China engagement and cooperation on security matters.
“(11) 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. 168 note].
“(12) Other military and security developments involving the People's Republic of China that the Secretary of Defense considers relevant to United States national security.
“(c) Specified Congressional Committees.—For purposes of this section, the term ‘specified congressional committees’ means the following:
“(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) Report on Significant Sales and Transfers to China.—(1) The report to be submitted under this section not later than March 1, 2002, shall include in a separate section a report describing any significant sale or transfer of military hardware, expertise, and technology to the People's Republic of China. The report shall set forth the history of such sales and transfers since 1995, forecast possible future sales and transfers, and address the implications of those sales and transfers for the security of the United States and its friends and allies in Asia.
“(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. 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) In general.—The amendments made by this section [amending section 1202 of Pub. L. 106–65, set out above, and provisions set out as a note under section 168 of this title] shall take effect on the date of the enactment of this Act [Oct. 28, 2009], 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, set out above], as so amended, on or after that date.
[“(2) Strategy and updates for military-to-military contacts with people's liberation army.—The requirement to include the strategy described in paragraph (11)(A) of section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000, as so amended, in the report required to be submitted under section 1202(a) of such Act, as so amended, shall apply with respect to the first report required to be submitted under section 1202(a) of such Act on or after the date of the enactment of this Act. The requirement to include updates to such strategy shall apply with respect to each subsequent report required to be submitted under section 1202(a) of such Act on or after the date of the enactment of this Act.”]
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.”
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, provided that:
“(a) Executive Agent.—The Secretary of Defense may designate the Secretary of the Navy as the Department of Defense executive agent for carrying out the pilot program described in subsection (c).
“(b) Implementing Office.—If the Secretary of Defense makes the designation referred to in subsection (a), the Secretary of the Navy, in carrying out that pilot program, shall act through the head of the Systems Executive Office for Manpower and Personnel of the Department of the Navy, who shall act in coordination with the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense.
“(c) Pilot Program.—The pilot program referred to in subsection (a) is the defense reform initiative enterprise pilot program for military manpower and personnel information established pursuant to section 8147 of the Department of Defense Appropriations Act, 1999 (Public Law 105–262; 112 Stat. 2341; 10 U.S.C. 113 note).”
Pub. L. 105–262, title VIII, §8147, Oct. 17, 1998, 112 Stat. 2341, provided that: “The Secretary of Defense shall establish, through a revised Defense Integrated Military Human Resources System (DIMHRS), a defense reform initiative enterprise pilot program for military manpower and personnel information: Provided, That this pilot program should include all functions and systems currently included in DIMHRS and shall be expanded to include all appropriate systems within the enterprise of personnel, manpower, training, and compensation: Provided further, That in establishing a revised DIMHRS enterprise program for manpower and personnel information superiority the functions of this program shall include, but not be limited to: (1) an analysis and determination of the number and kinds of information systems necessary to support manpower and personnel within the Department of Defense; and (2) the establishment of programs to develop and implement information systems in support of manpower and personnel to include an enterprise level strategic approach, performance and results based management, business process improvement and other non-material solutions, the use of commercial or government off-the-shelf technology, the use of modular contracting as defined by Public Law 104–106 [see 41 U.S.C. 2308], and the integration and consolidation of existing manpower and personnel information systems: Provided further, That the Secretary of Defense shall re-instate fulfillment standards designated as ADS–97–03–GD, dated January, 1997: Provided further, That the requirements of this section should be implemented not later than 6 months after the date of the enactment of this Act [Oct. 17, 1998].”
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).”
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, provided that:
“(a) Determination Required.—(1) Not later than March 15 in each of 1995, 1996, and 1997, the Secretary of Defense shall—
“(A) determine whether each automated information system described in paragraph (2) meets the requirements set forth in subsection (b); and
“(B) take appropriate action to end the modernization or development by the Department of Defense of any such system that the Secretary determines does not meet such requirements.
“(2) An automated information system referred to in paragraph (1) is an automated information system—
“(A) that is undergoing modernization or development by the Department of Defense;
“(B) that exceeds $50,000,000 in value; and
“(C) that is not a migration system, as determined by the Enterprise Integration Executive Board of the Department of Defense.
“(b) Requirements.—The use of an automated information system by the Department of Defense shall—
“(1) contribute to the achievement of Department of Defense strategies for the use of automated information systems;
“(2) as determined by the Secretary, provide an acceptable benefit from the investment in the system or make a substantial contribution to the performance of the defense mission for which the system is used;
“(3) comply with Department of Defense directives applicable to life cycle management of automated information systems; and
“(4) be based on guidance developed under subsection (c).
“(c) Guidance for Use.—The Secretary of Defense shall develop guidance for the use of automated information systems by the Department of Defense. In developing the guidance, the Secretary shall consider the following:
“(1) Directives of the Office of Management and Budget applicable to returns of investment for such systems.
“(2) A sound, functional economic analysis.
“(3) Established objectives for the Department of Defense information infrastructure.
“(4) Migratory assessment criteria, including criteria under guidance provided by the Defense Information Systems Agency.
“(d) Waiver.—(1) The Secretary of Defense may waive the requirements of subsection (a) for an automated information system if the Secretary determines that the purpose for which the system is being modernized or developed is of compelling military importance.
“(2) If the Secretary exercises the waiver authority provided in paragraph (1), the Secretary shall include the following in the next report required by subsection (f):
“(A) The reasons for the failure of the automated information system to meet all of the requirements of subsection (b).
“(B) A determination of whether the system is expected to meet such requirements in the future, and if so, the date by which the system is expected to meet the requirements.
“(e) Performance Measures and Management Controls.—(1) The Secretary of Defense shall establish performance measures and management controls for the supervision and management of the activities described in paragraph (2). The performance measures and management controls shall be adequate to ensure, to the maximum extent practicable, that the Department of Defense receives the maximum benefit possible from the development, modernization, operation, and maintenance of automated information systems.
“(2) The activities referred to in paragraph (1) are the following:
“(A) Accelerated implementation of migration systems.
“(B) Establishment of data standards.
“(C) Process improvement.
“(f) Reports.—Not later than March 15 in each of 1995, 1996, and 1997, the Secretary of Defense shall submit to Congress a report on the establishment and implementation of the performance measures and management controls referred to in subsection (e)(1). Each such report shall also specify—
“(1) the automated information systems that, as determined under subsection (a), meet the requirements of subsection (b);
“(2) the automated information systems that, as determined under subsection (a), do not meet the requirements of subsection (b) and the action taken by the Secretary to end the use of such systems; and
“(3) the automated information systems that, as determined by the Enterprise Integration Executive Board, are migration systems.
“(g) Review by Comptroller General.—Not later than April 30, 1995, the Comptroller General of the United States shall submit to Congress a report that contains an evaluation of the following:
“(1) The progress made by the Department of Defense in achieving the goals of the corporate information management program of the Department.
“(2) The progress made by the Secretary of Defense in establishing the performance measures and management controls referred to in subsection (e)(1).
“(3) The progress made by the Department of Defense in using automated information systems that meet the requirements of subsection (b).
“(4) The report required by subsection (f) to be submitted in 1995.
“(h) Definitions.—In this section:
“(1) The term ‘automated information system’ means an automated information system of the Department of Defense described in the exhibits designated as ‘IT-43’ in the budget submitted to Congress by the President for fiscal year 1995 pursuant to section 1105 of title 31, United States Code.
“(2) The term ‘migration system’ has the meaning given such term in the document entitled ‘Department of Defense Strategy for Acceleration of Migration Systems and Data Standards’ attached to the memorandum of the Department of Defense dated October 13, 1993 (relating to accelerated implementation of migration systems, data standards, and process improvement).”
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.
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, provided that:
“(a) Review of Security Clearance Procedures.—(1) The Secretary of Defense shall conduct a review of the procedural safeguards available to Department of Defense civilian employees who are facing denial or revocation of security clearances.
“(2) Such review shall specifically consider—
“(A) whether the procedural rights provided to Department of Defense civilian employees should be enhanced to include the procedural rights available to Department of Defense contractor employees;
“(B) whether the procedural rights provided to Department of Defense civilian employees should be enhanced to include the procedural rights available to similarly situated employees in those Government agencies that provide greater rights than the Department of Defense; and
“(C) whether there should be a difference between the rights provided to both Department of Defense civilian and contractor employees with respect to security clearances and the rights provided with respect to sensitive compartmented information and special access programs.
“(b) Report.—The Secretary shall submit to Congress a report on the results of the review required by subsection (a) not later than March 1, 1994.
“(c) Regulations.—The Secretary shall revise the regulations governing security clearance procedures for Department of Defense civilian employees not later than 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 develop and carry out a test program for improving foreign language proficiency in the Department of Defense through improved management and other measures and to submit a report to committees of Congress not later than Apr. 1, 1994, containing a plan for the program, an explanation of the plan, and a discussion of proficiency pay adjustments, and provided for the program to begin on Oct. 1, 1994, or 180 days after the date of submission of the report and to terminate two years later.
Department of Defense Use of National Intelligence Collection Systems
Pub. L. 102–190, div. A, title IX, §924, Dec. 5, 1991, 105 Stat. 1454, provided that:
“(a) Procedures for Use.—The Secretary of Defense, after consultation with the Director of Central Intelligence, shall prescribe procedures for regularly and periodically exercising national intelligence collection systems and exploitation organizations that would be used to provide intelligence support, including support of the combatant commands, during a war or threat to national security.
“(b) Use in Joint Training Exercises.—In accordance with procedures prescribed under subsection (a), the Chairman of the Joint Chiefs of Staff shall provide for the use of the national intelligence collection systems and exploitation organizations in joint training exercises to the extent necessary to ensure that those systems and organizations are capable of providing intelligence support, including support of the combatant commands, during a war or threat to national security.
“(c) Report.—Not later than May 1, 1992, the Secretary of Defense and the Director of Central Intelligence shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a joint report—
“(1) describing the procedures prescribed under subsection (a); and
“(2) stating the assessment of the Chairman of the Joint Chiefs of Staff of the performance in joint training exercises of the national intelligence collection systems and the Chairman's recommendations for any changes that the Chairman considers appropriate to improve that performance.”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 401 of Title 50, War and National Defense.]
Programming Language for Department of Defense Software
Pub. L. 102–396, title IX, §9070, Oct. 6, 1992, 106 Stat. 1918, provided that: “Notwithstanding any other provision of law, where cost effective, all Department of Defense software shall be written in the programming language Ada, in the absence of special exemption by an official designated by the Secretary of Defense.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–172, title VIII, §8073, Nov. 26, 1991, 105 Stat. 1188.
Pub. L. 101–511, title VIII, §8092, Nov. 5, 1990, 104 Stat. 1896.
Lead Agency for Detection of Transit of Illegal Drugs
Pub. L. 100–456, div. A, title XI, §1102, Sept. 29, 1988, 102 Stat. 2042, which designated the Department of Defense as the single lead agency of the Federal Government for detection and monitoring of aerial and maritime transit of illegal drugs into the United States, was repealed and restated as section 124 of this title by Pub. L. 101–189, §1202(a)(1), (b).
Counterintelligence Polygraph Program
Pub. L. 100–180, div. A, title XI, §1121, Dec. 4, 1987, 101 Stat. 1147, as amended by Pub. L. 105–85, div. A, title X, §1073(d)(5), Nov. 18, 1997, 111 Stat. 1906, which provided for a counterintelligence polygraph program to be carried out by the Secretary of Defense, was repealed and restated in section 1564a of this title by Pub. L. 108–136, div. A, title X, §1041(a)(1),(b), Nov. 24, 2003, 117 Stat. 1607, 1608.