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-CITE-
10 USC Sec. 113 01/07/2011

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 2 - DEPARTMENT OF DEFENSE

-HEAD-
Sec. 113. Secretary of Defense

-STATUTE-
(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 (!1) 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) Costs incurred in the United States and costs incurred
outside the United States in connection with the stationing of
United States forces outside the United States.
(B) The costs incurred outside the United States in connection
with operating, maintaining, and supporting United States forces
outside the United States, including all direct and indirect
expenditures of United States funds in connection with such
stationing.
(C) The effect of such expenditures outside the United States
on the balance of payments of the United States.

(2) Each report under this subsection shall be prepared in
consultation with the Secretary of Commerce.
(3) In this subsection, the term "United States", when used in a
geographic sense, includes the territories and possessions of the
United States.
(k) The Secretary of Defense, with the advice and assistance of
the Chairman of the Joint Chiefs of Staff, shall provide annually
to the Secretaries of the military departments and to the
commanders of the combatant commands written guidelines to direct
the effective detection and monitoring of all potential aerial and
maritime threats to the national security of the United States.
Those guidelines shall include guidance on the specific force
levels and specific supporting resources to be made available for
the period of time for which the guidelines are to be in effect.
(l) The Secretary shall include in the annual report to Congress
under subsection (c) the following:
(1) A comparison of the amounts provided in the defense budget
for support and for mission activities for each of the preceding
five fiscal years.
(2) A comparison of the number of military and civilian
personnel, shown by major occupational category, assigned to
support positions and to mission positions for each of the
preceding five fiscal years.
(3) An accounting, shown by service and by major occupational
category, of the number of military and civilian personnel
assigned to support positions during each of the preceding five
fiscal years.
(4) A listing of the number of military and civilian personnel
assigned to management headquarters and headquarters support
activities as a percentage of military end-strength for each of
the preceding five fiscal years.

(m) 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.

-SOURCE-
(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat.
517, Sec. 133; amended Pub. L. 96-513, title V, Sec. 511(3), Dec.
12, 1980, 94 Stat. 2920; Pub. L. 97-252, title XI, Sec. 1105, Sept.
8, 1982, 96 Stat. 739; Pub. L. 97-295, Sec. 1(1), Oct. 12, 1982, 96
Stat. 1287; renumbered Sec. 113 and amended Pub. L. 99-433, title
I, Secs. 101(a)(2), 102, 110(b)(2), (d)(2), title III, Sec.
301(b)(2), title VI, Sec. 603(b), Oct. 1, 1986, 100 Stat. 994, 996,
1002, 1022, 1075; Pub. L. 100-26, Sec. 7(d)(1), Apr. 21, 1987, 101
Stat. 280; Pub. L. 100-180, div. A, title XII, Sec. 1214, Dec. 4,
1987, 101 Stat. 1157; Pub. L. 100-370, Sec. 1(o)(1), July 19, 1988,
102 Stat. 850; Pub. L. 100-456, div. A, title VII, Sec. 731, title
XI, Sec. 1101, Sept. 29, 1988, 102 Stat. 2003, 2042; Pub. L. 101-
189, div. A, title XVI, Sec. 1622(c)(1), Nov. 29, 1989, 103 Stat.
1604; Pub. L. 101-510, div. A, title XIII, Sec. 1322(a)(1), Nov. 5,
1990, 104 Stat. 1671; Pub. L. 102-190, div. A, title III, Sec. 341,
Dec. 5, 1991, 105 Stat. 1343; Pub. L. 103-337, div. A, title X,
Sec. 1070(a)(1), title XVI, Sec. 1671(c)(2), Oct. 5, 1994, 108
Stat. 2855, 3014; Pub. L. 104-106, div. A, title XV, Secs.
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, Sec. 1255(c),
Sept. 23, 1996, 110 Stat. 2698; Pub. L. 105-85, div. A, title IX,
Sec. 903, Nov. 18, 1997, 111 Stat. 1854; Pub. L. 105-261, div. A,
title IX, Sec. 915(a), title XII, Sec. 1212(b), Oct. 17, 1998, 112
Stat. 2101, 2152; Pub. L. 106-65, div. A, title X, Sec. 1067(1),
Oct. 5, 1999, 113 Stat. 774; Pub. L. 110-181, div. A, title IX,
Sec. 903(a), title XVIII, Sec. 1815(e), Jan. 28, 2008, 122 Stat.
273, 500; Pub. L. 111-383, div. A, title V, Sec. 514(b), Jan. 7,
2011, 124 Stat. 4213.)

-MISC1-

HISTORICAL AND REVISION NOTES
1962 ACT
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
133(a) 5:171(a) (last 10 words). July 26, 1947, ch. 343,
Secs. 201(a) (last 10
words), 202(a),(b);
restated Aug. 10, 1949,
ch. 412, Secs. 4 (last
10 words of 1st par.), 5
(1st and 2d pars.), 63
Stat. 579, 580.
133(b)
133(c)
133(d)
5:171a(a).
5:171a(b).
5:171a(d).
5:171a-1.
5:171a(f).
5:171n(a) (as applicable
to 5:171a(f)).
[Uncodified: 1953 Reorg. July 26, 1947, ch. 343,
Plan No. 6, Sec. 5, eff. Sec. 202(d); added Apr.
June 30, 1953, 67 Stat. 2, 1949, ch. 47, Sec. 1;
639]. restated Aug. 10, 1949,
ch. 412, Sec. 5 (9th
par.); restated Aug. 6,
1958, Pub. L. 85-599,
Sec. 3(b), 72 Stat. 516.
5:171n(a).
July 26, 1947, ch. 343,
Sec. 202(f); added Aug.
10, 1949, ch. 412, Sec.
5 (11th par.), 63 Stat.
581.
July 26, 1947, ch. 343,
Sec. 308(a) (as
applicable to Sec.
202(f)), 61 Stat. 509.
July 9, 1952, ch. 608,
Sec. 257(e), 66 Stat.
497; Sept. 3, 1954, ch.
1257, Sec. 702(c), 68
Stat. 1189.
1953 Reorg. Plan No. 6,
Sec. 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).

1982 ACT
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
133(e) 10:133 (note). Oct. 7, 1975, Pub. L.
94-106, Sec. 812, 89
Stat. 540.
--------------------------------------------------------------------

The words "prepare and" are omitted as surplus.

1988 ACT
Subsection (k) is based on Pub. L. 100-202, Sec. 101(b) [title
VIII, Sec. 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
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".
2008 - Subsec. (a). Pub. L. 110-181, Sec. 903(a), substituted
"seven" for "10".
Subsec. (g)(2). Pub. L. 110-181, Sec. 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, Sec. 915(a), added subsec.
(l).
Subsec. (m). Pub. L. 105-261, Sec. 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, Sec. 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, Sec. 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, Sec. 1501(a)(8)(B), made technical correction to
directory language of Pub. L. 103-337, Sec. 1671(c)(2). See 1994
Amendment note below.
Subsec. (i)(2)(B). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 1671(c)(2), as
amended by Pub. L. 104-106, Sec. 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, Sec. 1255(c)(1). See 1996 Amendment note above.
Subsec. (e)(2). Pub. L. 103-337, Sec. 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, Sec. 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, Sec. 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, Sec. 110(d)(2), struck out ": appointment;
powers and duties; delegation by" at end of section catchline.
Subsecs. (a) to (e). Pub. L. 99-443, Sec. 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, Sec. 301(b)(2), substituted "sections 125 and
191" for "section 125" in subsec. (c)(2).
Pub. L. 99-433, Sec. 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, Sec. 102, added subsecs. (f)
to (h).
Subsec. (i). Pub. L. 99-433, Secs. 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 Sec. 138(h)]. Pub. L. 97-252, Sec. 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 1996 AMENDMENT
Section 1501(f)(3) of Pub. L. 104-106 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.

-TRANS-
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.

-MISC2-
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, set out as a note under section 3345 of Title
5, Government Organization and Employees.

COUNTER-IMPROVISED EXPLOSIVE DEVICE INITIATIVES DATABASE
Pub. L. 111-383, div. A, title I, Sec. 124, Jan. 7, 2011, 124
Stat. 4159, provided that:
"(a) Comprehensive Database. -
"(1) In general. - The Secretary of Defense, acting through the
Director of the Joint Improvised Explosive Device Defeat
Organization, shall develop and maintain a comprehensive database
containing appropriate information for coordinating, tracking,
and archiving each counter-improvised explosive device initiative
within the Department of Defense. The database shall, at a
minimum, ensure the visibility of each counter-improvised
explosive device initiative.
"(2) Use of information. - Using information contained in the
database developed under paragraph (1), the Secretary, acting
through the Director of the Joint Improvised Explosive Device
Defeat Organization, shall -
"(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) Coordination. - In carrying out paragraph (1), the
Secretary shall ensure that the Secretary of each military
department coordinates and collaborates on development of the
database to ensure its interoperability, completeness,
consistency, and effectiveness.
"(b) Metrics. - The Secretary of Defense, acting through the
Director of the Joint Improvised Explosive Device Defeat
Organization, shall -
"(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) Counter-improvised Explosive Device Initiative Defined. - In
this section, the term 'counter-improvised explosive device
initiative' means any project, program, or research activity funded
by any component of the Department of Defense that is intended to
assist or support efforts to counter, combat, or defeat the use of
improvised explosive devices."

PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF THE KOREAN WAR
Pub. L. 111-383, div. A, title V, Sec. 574, Jan. 7, 2011, 124
Stat. 4223, provided that:
"(a) Commemorative Program Authorized. - The Secretary of Defense
may establish and conduct a program to commemorate the 60th
anniversary of the Korean War (in this section referred to as the
'commemorative program'). In conducting the commemorative program,
the Secretary of Defense shall coordinate and support other
programs and activities of the Federal Government, State and local
governments, and other persons and organizations in commemoration
of the Korean War.
"(b) Schedule. - If the Secretary of Defense establishes the
commemorative program, the Secretary shall determine the schedule
of major events and priority of efforts for the commemorative
program to achieve the commemorative objectives specified in
subsection (c). The Secretary of Defense may establish a committee
to assist the Secretary in determining the schedule and conducting
the commemorative program.
"(c) Commemorative Activities and Objectives. - The commemorative
program may include activities and ceremonies to achieve the
following objectives:
"(1) To thank and honor veterans of the Korean War, including
members of the Armed Forces who were held as prisoners of war or
listed as missing in action, for their service and sacrifice on
behalf of the United States.
"(2) To thank and honor the families of veterans of the Korean
War for their sacrifices and contributions, especially families
who lost a loved one in the Korean War.
"(3) To highlight the service of the Armed Forces during the
Korean War and the contributions of Federal agencies and
governmental and non-governmental organizations that served with,
or in support of, the Armed Forces.
"(4) To pay tribute to the sacrifices and contributions made on
the home front by the people of the United States during the
Korean War.
"(5) To provide the people of the United States with a clear
understanding and appreciation of the lessons and history of the
Korean War.
"(6) To highlight the advances in technology, science, and
medicine related to military research conducted during the Korean
War.
"(7) To recognize the contributions and sacrifices made by the
allies of the United States during the Korean War.
"(d) Use of The United States of America Korean War Commemoration
and Symbols. - Subsection (c) of section 1083 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1918)[10 U.S.C. 113 note], as amended by section 1067 of
the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2134) and section 1052 of
the National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 764), shall apply to the commemorative
program.
"(e) Commemorative Fund. -
"(1) Establishment of new account. - If the Secretary of
Defense establishes the commemorative program, the Secretary [of]
the Treasury shall establish in the Treasury of the United States
an account to be known as the 'Department of Defense Korean War
Commemoration Fund' (in this section referred to as the 'Fund').
"(2) Administration and use of fund. - The Fund shall be
available to, and administered by, the Secretary of Defense. The
Secretary of Defense shall use the assets of the Fund only for
the purpose of conducting the commemorative program and shall
prescribe such regulations regarding the use of the Fund as the
Secretary of Defense considers to be necessary.
"(3) Deposits. - There shall be deposited into the Fund the
following:
"(A) Amounts appropriated to the Fund.
"(B) Proceeds derived from the use by the Secretary of
Defense of the exclusive rights described in subsection (c) of
section 1083 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1918).
"(C) Donations made in support of the commemorative program
by private and corporate donors.
"(4) Availability. - Subject to paragraph (5), amounts in the
Fund shall remain available until expended.
"(5) Treatment of unobligated funds; transfer. - If unobligated
amounts remain in the Fund as of September 30, 2013, the
Secretary of the Treasury shall transfer the remaining amounts to
the Department of Defense Vietnam War Commemorative Fund
established pursuant to section 598(e) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10
U.S.C. 113 note). The transferred amounts shall be merged with,
and available for the same purposes as, other amounts in the
Department of Defense Vietnam War Commemorative Fund.
"(f) Acceptance of Voluntary Services. -
"(1) Authority to accept services. - Notwithstanding section
1342 of title 31, United States Code, the Secretary of Defense
may accept from any person voluntary services to be provided in
furtherance of the commemorative program. The Secretary of
Defense shall prohibit the solicitation of any voluntary services
if the nature or circumstances of such solicitation would
compromise the integrity or the appearance of integrity of any
program of the Department of Defense or of any individual
involved in the program.
"(2) Compensation for work-related injury. - A person providing
voluntary services under this subsection shall be considered to
be a Federal employee for purposes of chapter 81 of title 5,
United States Code, relating to compensation for work-related
injuries. The person shall also be considered a special
governmental employee for purposes of standards of conduct and
sections 202, 203, 205, 207, 208, and 209 of title 18, United
States Code. A person who is not otherwise employed by the
Federal Government shall not be considered to be a Federal
employee for any other purpose by reason of the provision of
voluntary services under this subsection.
"(3) Reimbursement of incidental expenses. - The Secretary of
Defense may provide for reimbursement of incidental expenses
incurred by a person providing voluntary services under this
subsection. The Secretary of Defense shall determine which
expenses are eligible for reimbursement under this paragraph.
"(g) Report Required. - If the Secretary of Defense conducts the
commemorative program, the Inspector General of the Department of
Defense shall submit to Congress, not later than 60 days after the
end of the commemorative program, a report containing an accounting
of -
"(1) all of the funds deposited into and expended from the
Fund;
"(2) any other funds expended under this section; and
"(3) any unobligated funds remaining in the Fund as of
September 30, 2013, that are transferred to the Department of
Defense Vietnam War Commemorative Fund pursuant to subsection
(e)(5).
"(h) Limitation on Expenditures. - Using amounts appropriated to
the Department of Defense, the Secretary of Defense may not expend
more than $5,000,000 to carry out the commemorative program."

REPORT ON ORGANIZATIONAL STRUCTURE AND POLICY GUIDANCE OF THE
DEPARTMENT OF DEFENSE REGARDING INFORMATION OPERATIONS
Pub. L. 111-383, div. A, title IX, Sec. 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, Sec. 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."

TREATMENT OF SUCCESSOR CONTINGENCY OPERATION TO OPERATION IRAQI
FREEDOM
Pub. L. 111-383, div. A, title X, Sec. 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, Sec. 807, Oct. 28, 2009, 123
Stat. 2404, provided that:
"(a) Policy. - It shall be the policy of the Department of
Defense that facilities, infrastructure, and equipment that are
intended for use by military or civilian personnel of the
Department in current or future military operations should be
inspected for safety and habitability prior to such use, and that
such facilities should be brought into compliance with generally
accepted standards for the safety and health of personnel to the
maximum extent practicable and consistent with the requirements of
military operations and the best interests of the Department of
Defense, to minimize the safety and health risk posed to such
personnel.
"(b) Requirements. - Not later than 60 days after the date of the
enactment of this Act [Oct. 28, 2009], the Secretary of Defense
shall -
"(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, Sec. 932, Oct. 28, 2009, 123
Stat. 2433, provided that:
"(a) In General. - The Secretary of Defense shall establish a
Defense Integrated Military Human Resources System development and
transition Council to provide advice to the Secretary of Defense
and the Secretaries of the military departments on the
modernization of the integrated pay and personnel system for each
military department and the collection of data generated by each
such system into the enterprise information warehouse.
"(b) Council. - The Council shall include the following members:
"(1) The Deputy Chief Management Officer of the Department of
Defense.
"(2) The Director of the Business Transformation Agency.
"(3) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, or a designated representative.
"(4) The Under Secretary of Defense for Personnel and
Readiness, or a designated representative.
"(5) One representative from each of the Army, Navy, Air Force,
and Marine Corps who is a lieutenant general or vice admiral, or
a civilian equivalent.
"(6) One representative of the National Guard Bureau who is a
lieutenant general or vice admiral, or a civilian equivalent.
"(7) The Assistant Secretary of Defense for Networks and
Information Integration, or a designated representative.
"(8) The Director of Operational Test and Evaluation, or a
designated representative.
"(9) Such other individuals as may be designated by the Deputy
Secretary of Defense, acting in the Deputy Secretary's capacity
as the Chief Management Officer.
"(c) Meetings. - The Council shall meet not less than twice a
year, or more often as specified by the Deputy Secretary of
Defense.
"(d) Duties. - The Council shall have the following
responsibilities:
"(1) Resolution of significant policy, programmatic, or
budgetary issues impeding modernization or deployment of
integrated personnel and pay systems for each military
department, including issues relating to -
"(A) common interfaces, architectures, and systems
engineering;
"(B) ensuring that developmental systems are consistent with
current and future enterprise accounting and pay and personnel
standards and practices; and
"(C) ensuring that developmental systems are consistent with
current and future Department of Defense business enterprise
architecture.
"(2) Coordination of implementation of the integrated personnel
and pay system within defense organizations to ensure
interoperability between all appropriate elements of the system.
"(3) Establishment of metrics to assess the following:
"(A) Business process re-engineering needed for successful
deployment of the integrated pay and personnel system.
"(B) Interoperability between legacy, operational, and
developmental pay and personnel systems.
"(C) Interface and systems architecture control and
standardization.
"(D) Retirement of legacy systems.
"(E) Use of the enterprise information warehouse.
"(F) Any other relevant matters.
"(4) Such other responsibilities as the Secretary determines
are appropriate.
"(e) Termination. - This section shall not be in effect after
September 30, 2013.
"(f) Report. - Not later than March 1, 2010, 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 report on actions taken pursuant to
this section."

REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS FOR MANNED AND
UNMANNED AERIAL VEHICLE SYSTEMS
Pub. L. 110-417, [div. A], title I, Sec. 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)."

REPORT ON COMMAND AND CONTROL STRUCTURE FOR MILITARY FORCES
OPERATING IN AFGHANISTAN
Pub. L. 110-417, [div. A], title XII, Sec. 1216, Oct. 14, 2008,
122 Stat. 4633, as amended by Pub. L. 111-84, div. A, title XII,
Sec. 1229, Oct. 28, 2009, 123 Stat. 2528, provided that:
"(a) Report Required. - Not later than 60 days after the date of
the enactment of this Act [Oct. 14, 2008], or December 1, 2008,
whichever occurs later, the Secretary of Defense shall submit to
the appropriate congressional committees a report on the command
and control structure for military forces operating in Afghanistan.
"(b) Matters to Be Included. - The report required under
subsection (a) shall include the following:
"(1) A detailed description of efforts by the Secretary of
Defense, in coordination with senior leaders of NATO ISAF forces,
including the commander of NATO ISAF forces, to modify the chain
of command structure for military forces operating in Afghanistan
to better coordinate and de-conflict military operations and
achieve unity of command whenever possible in Afghanistan, and
the results of such efforts, including -
"(A) any United States or NATO ISAF plan for improving the
command and control structure for military forces operating in
Afghanistan; and
"(B) any efforts to establish a headquarters in Afghanistan
that is led by a commander -
"(i) with command authority over NATO ISAF forces and
separate United States forces operating under Operation
Enduring Freedom and charged with closely coordinating the
efforts of such forces; and
"(ii) responsible for coordinating other United States and
international security efforts in Afghanistan.
"(2) A description of how rules of engagement are determined
and managed for United States forces operating under NATO ISAF or
Operation Enduring Freedom, and a description of any key
differences between rules of engagement for NATO ISAF forces and
separate United States forces operating under Operation Enduring
Freedom.
"(3) An assessment of how any modifications to the command and
control structure for military forces operating in Afghanistan
would impact coordination of military and civilian efforts in
Afghanistan.
"(c) Update of Report. - The Secretary of Defense shall submit to
the appropriate congressional committees an update of the report
required under subsection (a) as warranted by any modifications to
the command and control structure for military forces operating in
Afghanistan as described in the report.
"(d) Form. - The report required under subsection (a) and any
update of the report required under subsection (c) shall be
submitted in an unclassified form, but may include a classified
annex, if necessary. Any update of the report required under
subsection (c) may be included in the report required under section
1230 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 385).
"(e) Appropriate Congressional Committees Defined. - In this
section, the term 'appropriate congressional committees' means -
"(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
"(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate."

PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE VIETNAM WAR
Pub. L. 110-181, div. A, title V, Sec. 598, Jan. 28, 2008, 122
Stat. 141, provided that:
"(a) Commemorative Program Authorized. - The Secretary of Defense
may conduct a program to commemorate the 50th anniversary of the
Vietnam War. In conducting the commemorative program, the Secretary
shall coordinate, support, and facilitate other programs and
activities of the Federal Government, State and local governments,
and other persons and organizations in commemoration of the Vietnam
War.
"(b) Schedule. - The Secretary of Defense shall determine the
schedule of major events and priority of efforts for the
commemorative program in order to ensure achievement of the
objectives specified in subsection (c).
"(c) Commemorative Activities and Objectives. - The commemorative
program may include activities and ceremonies to achieve the
following objectives:
"(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) Names and Symbols. - The Secretary of Defense shall have the
sole and exclusive right to use the name 'The United States of
America Vietnam War Commemoration', and such seal, emblems, and
badges incorporating such name as the Secretary may lawfully adopt.
Nothing in this section may be construed to supersede rights that
are established or vested before the date of the enactment of this
Act [Jan. 28, 2008].
"(e) Commemorative Fund. -
"(1) Establishment and administration. - If the Secretary
establishes the commemorative program under subsection (a), the
Secretary the Treasury shall establish in the Treasury of the
United States an account to be known as the 'Department of
Defense Vietnam War Commemoration Fund' (in this section referred
to as the 'Fund'). The Fund shall be administered by the
Secretary of Defense.
"(2) Use of fund. - The Secretary shall use the assets of the
Fund only for the purpose of conducting the commemorative program
and shall prescribe such regulations regarding the use of the
Fund as the Secretary considers to be necessary.
"(3) Deposits. - There shall be deposited into the Fund -
"(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) Availability. - Subject to subsection (g)(2), amounts
deposited under paragraph (3) shall constitute the assets of the
Fund and remain available until expended.
"(5) Budget request. - The Secretary of Defense may establish a
separate budget line for the commemorative program. In the budget
justification materials submitted by the Secretary in support of
the budget of the President for any fiscal year for which the
Secretary establishes the separate budget line, the Secretary
shall -
"(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) Acceptance of Voluntary Services. -
"(1) Authority to accept services. - Notwithstanding section
1342 of title 31, United States Code, the Secretary of Defense
may accept from any person voluntary services to be provided in
furtherance of the commemorative program. The Secretary of
Defense shall prohibit the solicitation of any voluntary services
if the nature or circumstances of such solicitation would
compromise the integrity or the appearance of integrity of any
program of the Department of Defense or of any individual
involved in the program.
"(2) Reimbursement of incidental expenses. - The Secretary may
provide for reimbursement of incidental expenses incurred by a
person providing voluntary services under this subsection. The
Secretary shall determine which expenses are eligible for
reimbursement under this paragraph.
"(g) Final Report. -
"(1) Report required. - Not later than 60 days after the end of
the commemorative program, if established by the Secretary of
Defense under subsection (a), the Secretary shall submit to
Congress a report containing an accounting of -
"(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) Treatment of unobligated funds. - Unobligated amounts
remaining in the Fund as of the end of the commemorative period
specified in subsection (b) shall be held in the Fund until
transferred by law.
"(h) Limitation on Expenditures. - Total expenditures from the
Fund, using amounts appropriated to the Department of Defense, may
not exceed $5,000,000 for fiscal year 2008 or for any subsequent
fiscal year to carry out the commemorative program.
"(i) Funding. - Of the amount authorized to be appropriated
pursuant to section 301(5) [122 Stat. 53] for Defense-wide
activities, $1,000,000 shall be available for deposit in the Fund
for fiscal year 2008 if the Fund is established under subsection
(e)."

STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN UNITED
STATES
Pub. L. 110-181, div. A, title X, Sec. 1069, Jan. 28, 2008, 122
Stat. 326, as amended by Pub. L. 110-417, [div. A], title X, Sec.
1059, Oct. 14, 2008, 122 Stat. 4611; Pub. L. 111-84, div. A, title
X, Sec. 1073(c)(11), Oct. 28, 2009, 123 Stat. 2475, provided that:
"(a) Development of Standards. -
"(1) Access standards for visitors. - The Secretary of Defense
shall develop access standards applicable to all military
installations in the United States. The standards shall require
screening standards appropriate to the type of installation
involved, the security level, category of individuals authorized
to visit the installation, and level of access to be granted,
including -
"(A) protocols to determine the fitness of the individual to
enter an installation; and
"(B) standards and methods for verifying the identity of the
individual.
"(2) Additional criteria. - The standards required under
paragraph (1) may -
"(A) provide for expedited access to a military installation
for Department of Defense personnel and employees and family
members of personnel who reside on the installation;
"(B) provide for closer scrutiny of categories of individuals
determined by the Secretary of Defense to pose a higher
potential security risk; and
"(C) in the case of an installation that the Secretary
determines contains particularly sensitive facilities, provide
additional screening requirements, as well as physical and
other security measures for the installation.
"(b) Use of Technology. - The Secretary of Defense is encouraged
to procure and field existing identification screening technology
and to develop additional technology only to the extent necessary
to assist commanders of military installations in implementing the
standards developed under this section at points of entry for such
installations.
"(c) Deadlines. -
"(1) Development and implementation. - The Secretary of Defense
shall develop the standards required under this section by not
later than February 1, 2009, and implement such standards by not
later than October 1, 2010.
"(2) Submission to congress. - Not later than August 1, 2009,
the Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives the standards developed
pursuant to paragraph (1)."
[Pub. L. 111-84, div. A, title X, Sec. 1073(c), Oct. 28, 2009,
123 Stat. 2474, provided that the amendment made by section
1073(c)(11) to section 1059 of Pub. L. 110-417, included in the
credit set out above, is effective as of Oct. 14, 2008, and as if
included in Pub. L. 110-417 as enacted.]

PROTECTION OF CERTAIN INDIVIDUALS
Pub. L. 110-181, div. A, title X, Sec. 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, Sec. 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."

REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST COALITION FORCES IN
IRAQ
Pub. L. 110-181, div. A, title XII, Sec. 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, Sec. 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, Sec. 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, Sec. 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."

MILITARY SEVERELY INJURED CENTER
Pub. L. 109-364, div. A, title V, Sec. 564, Oct. 17, 2006, 120
Stat. 2222, provided that:
"(a) Center Required. - In support of the comprehensive policy on
the provision of assistance to severely wounded or injured
servicemembers required by section 563 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3269; 10 U.S.C. 113 note), the Secretary of Defense shall
establish within the Department of Defense a center to augment and
support the programs and activities of the military departments for
the provision of such assistance, including the programs of the
military departments referred to in subsection (c).
"(b) Designation. - The center established under subsection (a)
shall be known as the 'Military Severely Injured Center' (in this
section referred to as the 'Center').
"(c) Programs of the Military Departments. - The programs of the
military departments referred to in this subsection are the
following:
"(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) Activities of Center. -
"(1) In general. - The Center shall carry out such programs and
activities to augment and support the programs and activities of
the military departments for the provision of assistance to
severely wounded or injured servicemembers and their families as
the Secretary of Defense, in consultation with the Secretaries of
the military departments and the heads of other appropriate
departments and agencies of the Federal Government (including the
Secretary of Labor and the Secretary of Veterans Affairs),
determines appropriate.
"(2) Database. - The activities of the Center under this
subsection shall include the establishment and maintenance of a
central database. The database shall be transparent and shall be
accessible for use by all of the programs of the military
departments referred to in subsection (c).
"(e) Resources. - The Secretary of Defense shall allocate to the
Center such personnel and other resources as the Secretary of
Defense, in consultation with the Secretaries of the military
departments, considers appropriate in order to permit the Center to
carry out effectively the programs and activities assigned to the
Center under subsection (d)."

QUARTERLY REPORTS ON DEPARTMENT OF DEFENSE RESPONSE TO THREAT POSED
BY IMPROVISED EXPLOSIVE DEVICES
Pub. L. 109-364, div. A, title XIV, Sec. 1402, Oct. 17, 2006, 120
Stat. 2433, provided that:
"(a) Reports Required. -
"(1) Initial report. - Not later than 90 days after the date of
the enactment of this Act [Oct. 17, 2006], the Secretary of
Defense shall submit to Congress a report -
"(A) regarding the status of the threat posed to United
States and allied forces in Iraq and Afghanistan by improvised
explosive devices; and
"(B) describing efforts being undertaken by the Department of
Defense to defeat that threat.
"(2) Supplemental quarterly reports. - After the submission of
the report under paragraph (1), the Secretary shall submit to
Congress a supplemental report, not later than 30 days after the
end of each calendar-year quarter, to account for every reported
incident involving the detonation or discovery of an improvised
explosive device during the preceding quarter that involved
United States or allied forces in Iraq and Afghanistan.
"(3) Classification of reports. - Reports under this section
shall be transmitted in an unclassified manner with a classified
annex, if necessary.
"(b) Joint IED Defeat Organization and Related Offices. - Each
report under subsection (a) shall provide the following information
regarding the joint entity in the Office of the Secretary of
Defense known as the 'Joint IED Defeat Organization' and those
portions of all other organizational elements within the Department
of Defense that are focused on countering improvised explosive
devices:
"(1) The number of Department of Defense personnel assigned to
the Joint IED Defeat Organization and each other organizational
element.
"(2) The major locations to which such personnel are assigned
and the organizational structure of those elements.
"(3) The projected budget of the Joint IED Defeat Organization
and those other elements relating to the counter-IED mission.
"(4) The level of funding required for administrative costs
relating to the counter-IED mission.
"(c) Existing Threat and Counter Measures. - Each report under
subsection (a) shall include the following information regarding
the threat posed by improvised explosive devices and the
countermeasures employed to defeat those threats:
"(1) The number of improvised explosive devices being
encountered by United States and allied military personnel,
including general trends in tactics and technology used by the
enemy.
"(2) Passive countermeasures employed and the success rate of
each such countermeasure.
"(3) Active countermeasures employed and the success rate of
each such countermeasure.
"(4) Any evidence of assistance to the enemy by foreign
countries or other entities not directly involved in fighting
United States and allied forces in Iraq and Afghanistan.
"(5) A summary of data collected and reports generated by the
Department of Defense on efforts to counter improvised explosive
devices in Iraq and Afghanistan and other fronts in the Global
War on Terrorism.
"(d) Research, Development, Test, and Evaluation of New
Countermeasures. - Each report under subsection (a) shall include
the following information regarding research, development, test,
and evaluation activities relating to new active and passive
countermeasures and any impediments to those activities:
"(1) The status of any effort within the Department of Defense
to conduct research, development, test, and evaluation of passive
and active countermeasures and to accelerate the introduction of
those countermeasures into deployed units.
"(2) Impediments to introduction of new passive and active
countermeasures.
"(e) Interdiction Efforts. -
"(1) Description of interdiction efforts. - Each report under
subsection (a) shall identify those portions of any office within
the Department of Defense (in addition to those discussed
pursuant to subsection (b)) that are focused on interdiction of
improvised explosive devices, together with the personnel and
funding requirements for that office (as specified in subsection
(b)) and the success of the interdiction efforts of that office.
"(2) Interdiction defined. - For purposes of this subsection,
the term 'interdiction' includes -
"(A) the development of intelligence regarding persons and
locations involved in the manufacture or deployment of
improvised explosive devices; and
"(B) subsequent action against those persons or locations,
including efforts to prevent emplacement of improvised
explosive devices."

DATABASE OF EMERGENCY RESPONSE CAPABILITIES
Pub. L. 109-364, div. A, title XIV, Sec. 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, Sec. 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, Sec. 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]."

POLICY AND PROCEDURES ON ASSISTANCE TO SEVERELY WOUNDED OR INJURED
SERVICE MEMBERS
Pub. L. 109-163, div. A, title V, Sec. 563, Jan. 6, 2006, 119
Stat. 3269, provided that:
"(a) Comprehensive Policy. -
"(1) Policy required. - Not later than June 1, 2006, the
Secretary of Defense shall prescribe a comprehensive policy for
the Department of Defense on the provision of assistance to
members of the Armed Forces who incur severe wounds or injuries
in the line of duty (in this section referred to as 'severely
wounded or injured servicemembers').
"(2) Consultation. - The Secretary shall develop the policy
required by paragraph (1) in consultation with the Secretaries of
the military departments, the Secretary of Veterans Affairs, and
the Secretary of Labor.
"(3) Incorporation of past experience and practice. - The
policy required by paragraph (1) shall be based on -
"(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) Procedures and standards. - The policy shall include
guidelines to be followed by the military departments in the
provision of assistance to severely wounded or injured
servicemembers. The procedures and standards shall be uniform
across the military departments except to the extent necessary to
reflect the traditional practices or customs of a particular
military department. The procedures and standards shall establish
a minimum level of support and shall specify the duration of
programs.
"(b) Elements of Policy. - The comprehensive policy developed
under subsection (a) shall address the following matters:
"(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) Adoption by Military Departments. - Not later than September
1, 2006, the Secretary of each military department shall prescribe
regulations, or modify current regulations, on the policies and
procedures of such military department on the provision of
assistance to severely wounded or injured servicemembers in order
to conform such policies and procedures to the policy prescribed
under subsection (a)."

PRESERVATION OF RECORDS PERTAINING TO RADIOACTIVE FALLOUT FROM
NUCLEAR WEAPONS TESTING
Pub. L. 109-163, div. A, title X, Sec. 1055, Jan. 6, 2006, 119
Stat. 3438, provided that:
"(a) Prohibition of Destruction of Certain Records. - The
Secretary of Defense may not destroy any official record in the
custody or control of the Department of Defense that contains
information relating to radioactive fallout from nuclear weapons
testing.
"(b) Preservation and Publication of Information. - The Secretary
of Defense shall identify, preserve, and make available any
unclassified information contained in official records referred to
in subsection (a)."

SAFE DELIVERY OF MAIL IN MILITARY MAIL SYSTEM
Pub. L. 109-163, div. A, title X, Sec. 1071, Jan. 6, 2006, 119
Stat. 3446, provided that:
"(a) Plan for Safe Delivery of Military Mail. -
"(1) Plan required. - The Secretary of Defense shall develop
and implement a plan to ensure that the mail within the military
mail system is safe for delivery. The plan shall provide for the
screening of all mail within the military mail system in order to
detect the presence of biological, chemical, or radiological
weapons, agents, or pathogens or explosive devices before mail
within the military mail system is delivered to its intended
recipients.
"(2) Funding. - The budget justification materials submitted to
Congress with the budget of the President for fiscal year 2007
and each fiscal year thereafter shall include a description of
the amounts required in such fiscal year to carry out the plan.
"(b) Report on Safety of Mail for Delivery. -
"(1) Report required. - Not later than 120 days after the date
of the enactment of this Act [Jan. 6, 2006], the Secretary shall
submit to Congress a report on the safety of mail within the
military mail system for delivery.
"(2) Elements. - The report shall include the following:
"(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) Form. - The report shall be submitted in unclassified
form, but may include a classified annex.
"(c) Mail Within the Military Mail System Defined. -
"(1) In general. - In this section, the term 'mail within the
military mail system' means -
"(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) Inclusions and exception. - The term includes any official
mail posted by the Department of Defense. The term does not
include any mail posted as otherwise described in paragraph (1)
that has been screened for safety for delivery by the United
States Postal Service before such posting."

WAR-RELATED REPORTING REQUIREMENTS
Pub. L. 109-163, div. A, title XII, Sec. 1221, Jan. 6, 2006, 119
Stat. 3462, as amended by Pub. L. 109-364, div. A, title XV, Sec.
1518, Oct. 17, 2006, 120 Stat. 2443; Pub. L. 111-84, div. A, title
XII, Sec. 1233, Oct. 28, 2009, 123 Stat. 2531, provided that:
"(a) Report Required for Operation Iraqi Freedom, Operation
Enduring Freedom, and Operation Noble Eagle. - 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], in accordance with this section, a
report on procurement and equipment maintenance costs for each of
Operation Iraqi Freedom, Operation Enduring Freedom, and Operation
Noble Eagle and on facility infrastructure costs associated with
each of Operation Iraqi Freedom and Operation Enduring Freedom. The
report shall include the following:
"(1) Procurement. - A specification of costs of procurement
funding requested since fiscal year 2003, together with end-item
quantities requested and the purpose of the request (such as
replacement for battle losses, improved capability, increase in
force size, restructuring of forces), shown by service.
"(2) Equipment maintenance. - A cost comparison of the
requirements for equipment maintenance expenditures during
peacetime and for such requirements during wartime, as shown by
the requirements in each of Operation Iraqi Freedom, Operation
Enduring Freedom, and Operation Noble Eagle. The cost comparison
shall include -
"(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) Operation iraqi freedom and operation enduring freedom
infrastructure. - A specification of the number of United States
military personnel that can be supported by the facility
infrastructure in Iraq and Afghanistan and in the neighboring
countries from where Operation Iraq Freedom and Operation
Enduring Freedom are supported.
"(b) Submission Requirements. - The report under subsection (a)
shall be submitted not later than 180 days after the date of the
enactment of this Act [Jan. 6, 2006]. The Secretary of Defense
shall submit an updated report on procurement, equipment
maintenance, and military construction costs, as specified in
subsection (a), concurrently with any request made to Congress
after the date of the enactment of this Act for war-related
funding.
"(c) Submission to Congress and Gao of Certain Reports on Costs. -
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] and the Comptroller
General, not later than 45 days after the end of each reporting
month, the Department of Defense Supplemental and Cost of War
Execution reports."

ANNUAL REPORT ON DEPARTMENT OF DEFENSE COSTS TO CARRY OUT UNITED
NATIONS RESOLUTIONS
Pub. L. 109-163, div. A, title XII, Sec. 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."

REQUIREMENT FOR ESTABLISHMENT OF CERTAIN CRITERIA APPLICABLE TO
GLOBAL POSTURE REVIEW
Pub. L. 109-163, div. A, title XII, Sec. 1233, Jan. 6, 2006, 119
Stat. 3469, provided that:
"(a) Criteria. - As part of the Integrated Global Presence and
Basing Strategy (IGPBS) developed by the Department of Defense that
is referred to as the 'Global Posture Review', the Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of
Staff, shall develop criteria for assessing, with respect to each
type of facility specified in subsection (c) that is to be located
in a foreign country, the following factors:
"(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) Analysis of Alternatives to Basing or Operating Locations. -
The Secretary of Defense, in consultation with the Chairman of the
Joint Chiefs of Staff, shall develop a mechanism for analyzing
alternatives to any particular overseas basing or operating
location. Such a mechanism shall incorporate the factors specified
in each of paragraphs (1) through (5) of subsection (a).
"(c) Minimal Infrastructure Requirements for Overseas
Installations. - The Secretary of Defense shall develop a
description of minimal infrastructure requirements for each of the
following types of facilities:
"(1) Facilities categorized as Main Operating Bases.
"(2) Facilities categorized as Forward Operating Bases.
"(3) Facilities categorized as Cooperative Security Locations.
"(d) Notification Required. - Not later than 30 days after an
agreement is entered into between the United States and a foreign
country to support the deployment of elements of the United States
Armed Forces in that country, 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 written notification of such agreement. The
notification under this subsection shall include the terms of the
agreement, any costs to the United States resulting from the
agreement, and a timeline to carry out the terms of the agreement.
"(e) Annual Budget Element. - The Secretary of Defense shall
submit to Congress, as an element of the annual budget request of
the Secretary, information regarding the funding sources for the
establishment, operation, and sustainment of individual Main
Operating Bases, Forward Operating Bases, or Cooperative Security
Locations.
"(f) Report. - Not later than March 30, 2006, the Secretary of
Defense shall submit to Congress a report on the matters specified
in subsections (a) through (c)."

PROCESSING OF FORENSIC EVIDENCE COLLECTION KITS AND ACQUISITION OF
SUFFICIENT STOCKS OF SUCH KITS
Pub. L. 108-375, div. A, title V, Sec. 573, Oct. 28, 2004, 118
Stat. 1921, provided that:
"(a) Elimination of Backlog, Etc. - The Secretary of Defense
shall take such steps as may be necessary to ensure that -
"(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) Training. - The Secretary shall take such measures as the
Secretary considers appropriate to ensure that personnel are
appropriately trained -
"(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, Sec. 724, Oct. 28, 2004, 118
Stat. 1990, provided that:
"(a) Policy Required. - The Secretary of Defense shall prescribe
the policy of the Department of Defense for providing, in the case
of the serious illness or injury of a member of the Armed Forces in
a combat zone, timely notification to the next of kin of the member
regarding the illness or injury, including information on the
condition of the member and the location at which the member is
receiving treatment. In prescribing the policy, the Secretary shall
ensure respect for the expressed desires of individual members of
the Armed Forces regarding the notification of next of kin and
shall include standards of timeliness for both the initial
notification of next of kin under the policy and subsequent updates
regarding the condition and location of the member.
"(b) Submission of Policy. - Not later than 120 days after the
date of the enactment of this Act [Oct. 28, 2004], the Secretary of
Defense shall submit to Congress a copy of the policy."

SECRETARY OF DEFENSE CRITERIA FOR AND GUIDANCE ON IDENTIFICATION
AND INTERNAL TRANSMISSION OF CRITICAL INFORMATION
Pub. L. 108-375, div. A, title IX, Sec. 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]."

PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF WORLD WAR II
Pub. L. 108-375, div. A, title X, Sec. 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, Sec. 1085, Oct. 28, 2004, 118
Stat. 2065, as amended by Pub. L. 110-181, div. A, title III, Sec.
360(c), Jan. 28, 2008, 122 Stat. 78; Pub. L. 111-383, div. A, title
X, Sec. 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) Unauthorized Activities Directed at Sunken Military Craft. -
No person shall engage in or attempt to engage in any activity
directed at a sunken military craft that disturbs, removes, or
injures any sunken military craft, except -
"(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) Possession of Sunken Military Craft. - No person may
possess, disturb, remove, or injure any sunken military craft in
violation of -
"(1) this section; or
"(2) any prohibition, rule, regulation, ordinance, or permit
that applies under any other applicable law.
"(c) Limitations on Application. -
"(1) Actions by united states. - This section shall not apply
to actions taken by, or at the direction of, the United States.
"(2) Foreign persons. - This section shall not apply to any
action by a person who is not a citizen, national, or resident
alien of the United States, except in accordance with -
"(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) Loan of sunken military craft. - This section does not
prohibit the loan of United States sunken military craft in
accordance with regulations issued by the Secretary concerned.

"SEC. 1403. PERMITS.
"(a) In General. - The Secretary concerned may issue a permit
authorizing a person to engage in an activity otherwise prohibited
by section 1402 with respect to a United States sunken military
craft, for archaeological, historical, or educational purposes, in
accordance with regulations issued by such Secretary that implement
this section.
"(b) Consistency With Other Laws. - The Secretary concerned shall
require that any activity carried out under a permit issued by such
Secretary under this section must be consistent with all
requirements and restrictions that apply under any other provision
of Federal law.
"(c) Consultation. - In carrying out this section (including the
issuance after the date of the enactment of this Act [Oct. 28,
2004] of regulations implementing this section), the Secretary
concerned shall consult with the head of each Federal agency having
authority under Federal law with respect to activities directed at
sunken military craft or the locations of such craft.
"(d) Application to Foreign Craft. - At the request of any
foreign State, the Secretary of the Navy, in consultation with the
Secretary of State, may carry out this section (including
regulations promulgated pursuant to this section) with respect to
any foreign sunken military craft of that foreign State located in
United States waters.

"SEC. 1404. PENALTIES.
"(a) In General. - Any person who violates this title, or any
regulation or permit issued under this title, shall be liable to
the United States for a civil penalty under this section.
"(b) Assessment and Amount. - The Secretary concerned may assess
a civil penalty under this section, after notice and an opportunity
for a hearing, of not more than $100,000 for each violation.
"(c) Continuing Violations. - Each day of a continued violation
of this title or a regulation or permit issued under this title
shall constitute a separate violation for purposes of this section.
"(d) In Rem Liability. - A vessel used to violate this title
shall be liable in rem for a penalty under this section for such
violation.
"(e) Other Relief. - If the Secretary concerned determines that
there is an imminent risk of disturbance of, removal of, or injury
to any sunken military craft, or that there has been actual
disturbance of, removal of, or injury to a sunken military craft,
the Attorney General, upon request of the Secretary concerned, may
seek such relief as may be necessary to abate such risk or actual
disturbance, removal, or injury and to return or restore the sunken
military craft. The district courts of the United States shall have
jurisdiction in such a case to order such relief as the public
interest and the equities of the case may require.
"(f) Limitations. - An action to enforce a violation of section
1402 or any regulation or permit issued under this title may not be
brought more than 8 years after the date on which -
"(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) In General. - Any person who engages in an activity in
violation of section 1402 or any regulation or permit issued under
this title that disturbs, removes, or injures any United States
sunken military craft shall pay the United States enforcement costs
and damages resulting from such disturbance, removal, or injury.
"(b) Included Damages. - Damages referred to in subsection (a)
may include -
"(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) In General. - Except to the extent that an activity is
undertaken as a subterfuge for activities prohibited by this title,
nothing in this title is intended to affect -
"(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) International Law. - This title and any regulations
implementing this title shall be applied in accordance with
generally recognized principles of international law and in
accordance with the treaties, conventions, and other agreements to
which the United States is a party.
"(c) Law of Finds. - The law of finds shall not apply to -
"(1) any United States sunken military craft, wherever located;
or
"(2) any foreign sunken military craft located in United States
waters.
"(d) Law of Salvage. - No salvage rights or awards shall be
granted with respect to -
"(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) Law of Capture or Prize. - Nothing in this title is intended
to alter the international law of capture or prize with respect to
sunken military craft.
"(f) Limitation of Liability. - Nothing in sections 4281 through
4287 and 4289 of the Revised Statutes ([former] 46 U.S.C. App. 181
et seq.) [see chapter 305 of Title 46, Shipping] or section 3 of
the Act of February 13, 1893 (chapter 105; 27 Stat. 445; [former]
46 U.S.C. App. 192) [now 46 U.S.C. 30706], shall limit the
liability of any person under this section.
"(g) Authorities of the Commandant of the Coast Guard. - Nothing
in this title is intended to preclude or limit the application of
any other law enforcement authorities of the Commandant of the
Coast Guard.
"(h) Prior Delegations, Authorizations, and Related Regulations. -
Nothing in this title shall invalidate any prior delegation,
authorization, or related regulation that is consistent with this
title.
"(i) Criminal Law. - Nothing in this title is intended to prevent
the United States from pursuing criminal sanctions for plundering
of wrecks, larceny of Government property, or violation of any
applicable criminal law.

"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) Associated contents. - The term 'associated contents'
means -
"(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) Secretary concerned. - The term 'Secretary concerned'
means -
"(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) Sunken military craft. - The term 'sunken military craft'
means all or any portion of -
"(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) United states contiguous zone. - The term 'United States
contiguous zone' means the contiguous zone of the United States
under Presidential Proclamation 7219, dated September 2, 1999 [43
U.S.C. 1331 note].
"(5) United states internal waters. - The term 'United States
internal waters' means all waters of the United States on the
landward side of the baseline from which the breadth of the
United States territorial sea is measured.
"(6) United states territorial sea. - The term 'United States
territorial sea' means the waters of the United States
territorial sea under Presidential Proclamation 5928, dated
December 27, 1988 [43 U.S.C. 1331 note].
"(7) United states waters. - The term 'United States waters'
means United States internal waters, the United States
territorial sea, and the United States contiguous zone."

REPORTS ON WEAPONS AND AMMUNITION OBTAINED BY IRAQ
Pub. L. 108-177, title III, Sec. 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, Sec. 1204, Nov. 24, 2003, 117
Stat. 1649, directed the Secretary of Defense, not later than one
year after Nov. 24, 2003, to submit to comittees 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, Sec. 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, Sec. 320, Nov. 24, 2003, 117
Stat. 1435, provided that:
"(a) Study Required. - The Secretary of Defense shall conduct a
study on the impact, if any, of the following types of encroachment
issues affecting military installations and operational ranges:
"(1) Civilian community encroachment on those military
installations and ranges whose operational training activities,
research, development, test, and evaluation activities, or other
operational, test and evaluation, maintenance, storage, disposal,
or other support functions require, or in the future reasonably
may require, safety or operational buffer areas. The requirement
for such a buffer area may be due to a variety of factors,
including air operations, ordnance operations and storage, or
other activities that generate or might generate noise, electro-
magnetic interference, ordnance arcs, or environmental impacts
that require or may require safety or operational buffer areas.
"(2) Compliance by the Department of Defense with State
Implementation Plans for Air Quality under section 110 of the
Clean Air Act (42 U.S.C. 7410).
"(3) Compliance by the Department of Defense with the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.) and the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
"(b) Matters To Be Included With Respect to Civilian Community
Encroachments. - With respect to paragraph (1) of subsection (a),
the study shall include the following:
"(1) A list of all military installations described in
subsection (a)(1) at which civilian community encroachment is
occurring.
"(2) A description and analysis of the types and degree of such
civilian community encroachment at each military installation
included on the list.
"(3) An analysis, including views and estimates of the
Secretary of Defense, of the current and potential future impact
of such civilian community encroachment on operational training
activities, research, development, test, and evaluation
activities, and other significant operational, test and
evaluation, maintenance, storage, disposal, or other support
functions performed by military installations included on the
list. The analysis shall include the following:
"(A) A review of training and test ranges at military
installations, including laboratories and technical centers of
the military departments, included on the list.
"(B) A description and explanation of the trends of such
encroachment, as well as consideration of potential future
readiness problems resulting from unabated encroachment.
"(4) An estimate of the costs associated with current and
anticipated partnerships between the Department of Defense and
non-Federal entities to create buffer zones to preclude further
development around military installations included on the list,
and the costs associated with the conveyance of surplus property
around such military installations for purposes of creating
buffer zones.
"(5) Options and recommendations for possible legislative or
budgetary changes necessary to mitigate current and anticipated
future civilian community encroachment problems.
"(c) Matters To Be Included With Respect to Compliance With
Specified Laws. - With respect to paragraphs (2) and (3) of
subsection (a), the study shall include the following:
"(1) A list of all military installations and other locations
at which the Armed Forces are encountering problems related to
compliance with the laws specified in such paragraphs.
"(2) A description and analysis of the types and degree of
compliance problems encountered.
"(3) An analysis, including views and estimates of the
Secretary of Defense, of the current and potential future impact
of such compliance problems on the following functions performed
at military installations:
"(A) Operational training activities.
"(B) Research, development, test, and evaluation activities.
"(C) Other significant operational, test and evaluation,
maintenance, storage, disposal, or other support functions.
"(4) A description and explanation of the trends of such
compliance problems, as well as consideration of potential future
readiness problems resulting from such compliance problems.
"(d) Plan to Respond to Encroachment Issues. - On the basis of
the study conducted under subsection (a), including the specific
matters required to be addressed by subsections (b) and (c), the
Secretary of Defense shall prepare a plan to respond to the
encroachment issues described in subsection (a) affecting military
installations and operational ranges.
"(e) Reporting Requirements. - 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 the
following reports regarding the study conducted under subsection
(a), including the specific matters required to be addressed by
subsections (b) and (c):
"(1) Not later than January 31, 2004, an interim report
describing the progress made in conducting the study and
containing the information collected under the study as of that
date.
"(2) Not later than January 31, 2006, a report containing the
results of the study and the encroachment response plan required
by subsection (d).
"(3) Not later than January 31, 2007, and each January 31
thereafter through January 31, 2010, a report describing the
progress made in implementing the encroachment response plan."

HIGH-PERFORMING ORGANIZATION BUSINESS PROCESS REENGINEERING PILOT
PROGRAM
Pub. L. 108-136, div. A, title III, Sec. 337, Nov. 24, 2003, 117
Stat. 1445, provided that:
"(a) Pilot Program. - The Secretary of Defense shall establish a
pilot program under which the Secretary concerned shall create, or
continue the implementation of, high-performing organizations
through the conduct of a Business Process Reengineering initiative
at selected military installations and facilities under the
jurisdiction of the Secretary concerned.
"(b) Effect of Participation in Pilot Program. - (1) During the
period of an organization's participation in the pilot program,
including the periods referred to in paragraphs (2) and (3) of
subsection (f), the Secretary concerned may not require the
organization to undergo any Office of Management and Budget
Circular A-76 competition or other public-private competition
involving any function of the organization covered by the Business
Process Reengineering initiative. The organization may elect to
undergo such a competition as part of the initiative.
"(2) Civilian employee or military personnel positions of the
participating organization that are part of the Business Process
Reengineering initiative shall be counted toward any numerical
goals, target, or quota that the Secretary concerned is required or
requested to meet during the term of the pilot program regarding
the number of positions to be covered by public-private
competitions.
"(c) Eligible Organizations. - Subject to subsection (d), the
Secretary concerned may select two types of organizations to
participate in the pilot program:
"(1) Organizations that underwent a Business Process
Reengineering initiative within the preceding five years,
achieved major performance enhancements under the initiative, and
will be able to sustain previous or achieve new performance goals
through the continuation of its existing or completed Business
Process Reengineering plan.
"(2) Organizations that have not undergone or have not
successfully completed a Business Process Reengineering
initiative, but which propose to achieve, and reasonably could
reach, enhanced performance goals through implementation of a
Business Process Reengineering initiative.
"(d) Additional Eligibility Requirements. - (1) To be eligible
for selection to participate in the pilot program under subsection
(c)(1), an organization described in such subsection shall
demonstrate, to the satisfaction of the Secretary concerned, the
completion of a total organizational assessment that resulted in
enhanced performance measures at least comparable to those
performance measures that might be achieved through competitive
sourcing.
"(2) To be eligible for selection to participate in the pilot
program under subsection (c)(2), an organization described in such
subsection shall identify, to the satisfaction of the Secretary
concerned -
"(A) functions, processes, and measures to be studied under the
Business Process Reengineering initiative;
"(B) adequate resources to carry out the Business Process
Reengineering initiative; and
"(C) labor-management agreements in place to ensure effective
implementation of the Business Process Reengineering initiative.
"(e) Limitation on Number of Participants. - Total participants
in the pilot program is limited to eight military installations and
facilities, with some participants to be drawn from organizations
described in subsection (c)(1) and some participants to be drawn
from organizations described in subsection (c)(2).
"(f) Implementation and Duration. - (1) The implementation and
management of a Business Process Reengineering initiative under the
pilot program shall be the responsibility of the commander of the
military installation or facility at which the Business Process
Reengineering initiative is carried out.
"(2) An organization selected to participate in the pilot program
shall be given a reasonable initial period, to be determined by the
Secretary concerned, in which the organization must implement the
Business Process Reengineering initiative. At the end of this
period, the Secretary concerned shall determine whether the
organization has achieved initial progress toward designation as a
high-performing organization. In the absence of such progress, the
Secretary concerned shall terminate the organization's
participation in the pilot program.
"(3) If an organization successfully completes implementation of
the Business Process Reengineering initiative under paragraph (2),
the Secretary concerned shall designate the organization as a high-
performing organization and grant the organization an additional
five-year period in which to achieve projected or planned
efficiencies and savings under the pilot program.
"(g) Reviews and Reports. - The Secretary concerned shall conduct
annual performance reviews of the participating organizations or
functions under the jurisdiction of the Secretary concerned.
Reviews and reports shall evaluate organizational performance
measures or functional performance measures and determine whether
organizations are performing satisfactorily for purposes of
continuing participation in the pilot program.
"(h) Performance Measures. - Performance measures utilized in the
pilot program should include the following, which shall be measured
against organizational baselines determined before participation in
the pilot program:
"(1) Costs, savings, and overall financial performance of the
organization.
"(2) Organic knowledge, skills or expertise.
"(3) Efficiency and effectiveness of key functions or
processes.
"(4) Efficiency and effectiveness of the overall organization.
"(5) General customer satisfaction.
"(i) Definitions. - In this section[:]
"(1) The term 'Business Process Reengineering' refers to an
organization's complete and thorough analysis and reengineering
of mission and support functions and processes to achieve
improvements in performance, including a fundamental reshaping of
the way work is done to better support an organization's mission
and reduce costs.
"(2) The term 'high-performing organization' means an
organization whose performance exceeds that of comparable
providers, whether public or private.
"(3) The term 'Secretary concerned' means the Secretary of a
military department and the Secretary of Defense, with respect to
matters concerning the Defense Agencies."

ASSESSMENT BY SECRETARY OF DEFENSE
Pub. L. 108-136, div. A, title V, Sec. 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, Sec. 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, Sec. 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, Sec. 1032, Nov. 24, 2003, 117
Stat. 1605, as amended by Pub. L. 110-181, div. A, title X, Sec.
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."

REPORTS ON MILITARY OPERATIONS AND RECONSTRUCTION ACTIVITIES IN
IRAQ AND AFGHANISTAN
Pub. L. 109-13, div. A, title I, Sec. 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, Sec. 9010, Aug. 5, 2004, 118 Stat.
1008, as amended by Pub. L. 108-324, div. B, Sec. 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, Sec. 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, Sec. 233, Dec. 2, 2002, 116
Stat. 2490, provided that:
"(a) Requirement for System. - The Secretary of Defense shall
implement a single financial management and accounting system for
all test and evaluation facilities of the Department of Defense.
The Secretary shall implement such system as soon as practicable,
and shall establish the objective that such system be implemented
not later than September 30, 2006.
"(b) System Features. - The system required by subsection (a)
shall be designed to achieve, at a minimum, the following
functional objectives:
"(1) Enable managers within the Department of Defense to
compare the costs of carrying out test and evaluation activities
in the various facilities of the military departments.
"(2) Enable the Secretary of Defense -
"(A) to make prudent investment decisions; and
"(B) to reduce the extent to which unnecessary costs of
owning and operating test and evaluation facilities of the
Department of Defense are incurred.
"(3) Enable the Department of Defense to track the total cost
of test and evaluation activities.
"(4) Comply with the financial management architecture
established by the Secretary."

TRAINING RANGE SUSTAINMENT PLAN, GLOBAL STATUS OF RESOURCES AND
TRAINING SYSTEM, AND TRAINING RANGE INVENTORY
Pub. L. 107-314, div. A, title III, Sec. 366, Dec. 2, 2002, 116
Stat. 2522, as amended by Pub. L. 109-364, div. A, title III, Sec.
348, Oct. 17, 2006, 120 Stat. 2159; Pub. L. 110-181, div. A, title
X, Sec. 1063(c)(2), Jan. 28, 2008, 122 Stat. 322; Pub. L. 111-383,
div. A, title X, Sec. 1075(g)(2), Jan. 7, 2011, 124 Stat. 4376,
provided that:
"(a) Plan Required. - (1) The Secretary of Defense shall develop
a comprehensive plan for using existing authorities available to
the Secretary of Defense and the Secretaries of the military
departments to address training constraints caused by limitations
on the use of military lands, marine areas, and airspace that are
available in the United States and overseas for training of the
Armed Forces.
"(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 of fiscal years 2005 through 2013, 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) Readiness Reporting Improvement. - Not later than June 30,
2003, the Secretary of Defense, using existing measures within the
authority of the Secretary, shall submit to Congress a report on
the plans of the Department of Defense to improve the Global Status
of Resources and Training System to reflect the readiness impact
that training constraints caused by limitations on the use of
military lands, marine areas, and airspace have on specific units
of the Armed Forces.
"(c) Training Range Inventory. - (1) The Secretary of Defense
shall develop and maintain a training range inventory for each of
the Armed Forces -
"(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
fiscal years 2005 through 2013.
"(d) GAO Evaluation. - The Secretary of Defense shall transmit
copies of each report required by subsections (a) and (b) to the
Comptroller General. Within 90 days of receiving a report, the
Comptroller General shall submit to Congress an evaluation of the
report.
"(e) Armed Forces Defined. - In this section, the term 'Armed
Forces' means the Army, Navy, Air Force, and Marine Corps."

DEVELOPMENT AND IMPLEMENTATION OF FINANCIAL MANAGEMENT ENTERPRISE
ARCHITECTURE
Pub. L. 107-314, div. A, title X, Sec. 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, Sec. 332(f),
Oct. 28, 2004, 118 Stat. 1856.

RELIABILITY OF DEPARTMENT OF DEFENSE FINANCIAL STATEMENTS
Pub. L. 107-107, div. A, title X, Sec. 1008, Dec. 28, 2001, 115
Stat. 1204, provided that:
"(a) Annual Report on Reliability. - (1) Not later than September
30 of each year but subject to subsection (f), the Secretary of
Defense shall submit to the recipients specified in paragraph (3) a
report on the reliability of the Department of Defense financial
statements, including the financial statements of each component of
the Department that is required to prepare a financial statement
under section 3515(c) of title 31, United States Code.
"(2) The annual report shall contain the following:
"(A) A conclusion regarding whether the policies and procedures
of the Department of Defense, and the systems used within the
Department of Defense, for the preparation of financial
statements allow the achievement of reliability in those
financial statements.
"(B) For each of the financial statements prepared for the
Department of Defense for the fiscal year in which the report is
submitted, a conclusion regarding the expected reliability of the
financial statement (evaluated on the basis of Office of
Management and Budget guidance on financial statements), together
with a discussion of the major deficiencies to be expected in the
statement.
"(C) A summary of the specific sections of the annual Financial
Management Improvement Plan of the Department of Defense, current
as of the date of the report, that -
"(i) detail the priorities, milestones, and measures of
success that apply to the preparation of the financial
statements;
"(ii) detail the planned improvements in the process for the
preparation of financial statements that are to be implemented
within 12 months after the date on which the plan is issued;
and
"(iii) provide an estimate of when each financial statement
will convey reliable information.
"(3) The annual report shall be submitted to the following:
"(A) The Committee on Armed Services and the Committee on
Governmental Affairs [now Committee on Homeland Security and
Governmental Affairs] of the Senate.
"(B) The Committee on Armed Services and the Committee on
Government Reform [now Committee on Oversight and Government
Reform] of the House of Representatives.
"(C) The Director of the Office of Management and Budget.
"(D) The Secretary of the Treasury.
"(E) The Comptroller General of the United States.
"(4) The Secretary of Defense shall make a copy of the annual
report available to the Inspector General of the Department of
Defense.
"(b) Minimization of Use of Resources for Unreliable Financial
Statements. - (1) With respect to each financial statement for a
fiscal year that the Secretary of Defense assesses as being
expected to be unreliable in the annual report under subsection
(a), the Under Secretary of Defense (Comptroller) shall take
appropriate actions to minimize, consistent with the benefits to be
derived, the resources (including contractor support) that are used
to develop, compile, and report the financial statement.
"(2) With the annual budget justifications for the Department of
Defense submitted to Congress each year, the Under Secretary of
Defense (Comptroller) shall submit, with respect to the fiscal year
in which submitted, the preceding fiscal year, and the following
fiscal year, the following information:
"(A) An estimate of the resources that the Department of
Defense is saving or expects to save as a result of actions taken
and to be taken under paragraph (1) with respect to the
preparation of financial statements.
"(B) A discussion of how the resources saved as estimated under
subparagraph (A) have been redirected or are to be redirected
from the preparation of financial statements to the improvement
of systems underlying financial management within the Department
of Defense and to the improvement of financial management
policies, procedures, and internal controls within the Department
of Defense.
"(c) Information to Auditors. - Not later than October 31 of each
year, the Under Secretary of Defense (Comptroller) and the
Assistant Secretary of each military department with responsibility
for financial management and comptroller functions shall each
provide to the auditors of the financial statement of that
official's department for the fiscal year ending during the
preceding month that official's preliminary management
representation, in writing, regarding the expected reliability of
the financial statement. The representation shall be consistent
with guidance issued by the Director of the Office of Management
and Budget and shall include the basis for the reliability
assessment stated in the representation.
"(d) Limitation on Inspector General Audits. - (1) On each
financial statement that an official asserts is unreliable under
subsection (b) or (c), the Inspector General of the Department of
Defense shall only perform the audit procedures required by
generally accepted government auditing standards consistent with
any representation made by management.
"(2) With the annual budget justifications for the Department of
Defense submitted to Congress each year, the Under Secretary of
Defense (Comptroller) shall submit, with respect to the fiscal year
in which submitted, the preceding fiscal year, and the following
fiscal year, information which the Inspector General shall report
to the Under Secretary, as follows:
"(A) An estimate of the resources that the Inspector General is
saving or expects to save as a result of actions taken and to be
taken under paragraph (1) with respect to the auditing of
financial statements.
"(B) A discussion of how the resources saved as estimated under
subparagraph (A) have been redirected or are to be redirected
from the auditing of financial statements to the oversight and
improvement of systems underlying financial management within the
Department of Defense and to the oversight and improvement of
financial management policies, procedures, and internal controls
within the Department of Defense.
"(e) Effective Date. - The requirements of this section shall
apply with respect to financial statements for fiscal years after
fiscal year 2001 and to the auditing of those financial statements.
"(f) Termination of Applicability. - If the Secretary of Defense
certifies to the Inspector General of the Department of Defense
that the financial statement for the Department of Defense, or a
financial statement for a component of the Department of Defense,
for a fiscal year is reliable, this section shall not apply with
respect to that financial statement or to any successive financial
statement for the Department of Defense, or for that component, as
the case may be, for any later fiscal year."

ANNUAL REPORT ON THE CONDUCT OF MILITARY OPERATIONS CONDUCTED AS
PART OF OPERATION ENDURING FREEDOM
Pub. L. 107-314, div. A, title X, Sec. 1043, Dec. 2, 2002, 116
Stat. 2646, provided that:
"(a) Reports Required. - (1) The Secretary of Defense shall
submit to the congressional committees specified in subsection (d)
an annual report on the conduct of military operations conducted as
part of Operation Enduring Freedom. The first report, which shall
include a definition of the military operations carried out as part
of Operation Enduring Freedom, shall be submitted not later than
June 15, 2003. Subsequent reports shall be submitted not later than
June 15 each year, and the final report shall be submitted not
later than 180 days after the date (as determined by the Secretary
of Defense) of the cessation of hostilities undertaken as part of
Operation Enduring Freedom.
"(2) Each report under this section shall be prepared in
consultation with the Chairman of the Joint Chiefs of Staff, the
commander of the United States Central Command, the Director of
Central Intelligence, and such other officials as the Secretary
considers appropriate.
"(3) Each such report shall be submitted in both a classified
form and an unclassified form, as necessary.
"(b) Special Matters To Be Included. - Each report under this
section shall include the following:
"(1) A discussion of the command, control, coordination, and
support relationship between United States special operations
forces and Central Intelligence Agency elements participating in
Operation Enduring Freedom and any lessons learned from the joint
conduct of operations by those forces and elements.
"(2) Recommendations to improve operational readiness and
effectiveness of these forces and elements.
"(c) Other Matters To Be Included. - Each report under this
section shall include a discussion, with a particular emphasis on
accomplishments and shortcomings, of the following matters with
respect to Operation Enduring Freedom:
"(1) The political and military objectives of the United
States.
"(2) The military strategy of the United States to achieve
those political and military objectives.
"(3) The concept of operations, including any new operational
concepts, for the operation.
"(4) The benefits and disadvantages of operating with local
opposition forces.
"(5) The benefits and disadvantages of operating in a coalition
with the military forces of allied and friendly nations.
"(6) The cooperation of nations in the region for overflight,
basing, command and control, and logistic and other support.
"(7) The conduct of relief operations both during and after the
period of hostilities.
"(8) The conduct of close air support (CAS), particularly with
respect to the timeliness, efficiency, and effectiveness of such
support.
"(9) The use of unmanned aerial vehicles for intelligence,
surveillance, reconnaissance, and combat support to operational
forces.
"(10) The use and performance of United States and coalition
military equipment, weapon systems, and munitions.
"(11) The effectiveness of reserve component forces, including
their use and performance in the theater of operations.
"(12) The importance and effectiveness of the International
Security Assistance Force.
"(13) The importance and effectiveness of United States civil
affairs forces.
"(14) The anticipated duration of the United States military
presence in Afghanistan.
"(15) The most critical lessons learned that could lead to long-
term doctrinal, organizational, and technological changes.
"(d) Congressional Committees. - The committees referred to in
subsection (a)(1) are the following:
"(1) The Committee on Armed Services and the Select Committee
on Intelligence of the Senate.
"(2) The Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives."
[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.]

COMPREHENSIVE PLAN FOR IMPROVING THE PREPAREDNESS OF MILITARY
INSTALLATIONS FOR TERRORIST INCIDENTS
Pub. L. 107-314, div. A, title XIV, Sec. 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, Sec. 1 [[div. A], title V, Sec. 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, Sec. 1 [[div. A], title V, Sec. 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, Sec. 1 [[div. A], title XI, Sec. 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, Sec. 1 [[div. A], title XI, Sec. 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, Sec. 1 [[div. A], title XI, Sec. 1112], Oct. 30,
2000, 114 Stat. 1654, 1654A-313, as amended by Pub. L. 107-314,
div. A, title III, Sec. 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, Sec. 1 [[div. A], title XII, Sec. 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, Sec. 366, Oct. 5, 1999, 113
Stat. 578, provided that:
"(a) Establishment of Standards. - The Secretary of each military
department shall establish, for deployable units of each of the
Armed Forces under the jurisdiction of the Secretary, standards
regarding -
"(1) the level of spare parts that the units must have on hand;
and
"(2) similar logistics and sustainment needs of the units.
"(b) Basis for Standards. - The standards to be established for a
unit under subsection (a) shall be based upon the following:
"(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) Sufficiency Capabilities. - The standards to be established
by the Secretary of a military department under subsection (a)
shall reflect those spare parts and similar logistics capabilities
that the Secretary considers sufficient for the units of each of
the Armed Forces under the Secretary's jurisdiction to successfully
execute their missions under the conditions described in subsection
(b).
"(d) Relation to Readiness Reporting System. - The standards
established under subsection (a) shall be taken into account in
designing the comprehensive readiness reporting system for the
Department of Defense required by section 117 of title 10, United
States Code, and shall be an element in determining a unit's
readiness status.
"(e) Relation to Annual Funding Needs. - The Secretary of Defense
shall consider the standards established under subsection (a) in
establishing the annual funding requirements for the Department of
Defense.
"(f) Reporting Requirement. - The Secretary of Defense shall
include in the annual report required by section 113(c) of title
10, United States Code, an analysis of the then current spare
parts, logistics, and sustainment standards of the Armed Forces, as
described in subsection (a), including any shortfalls and the cost
of addressing these shortfalls."

USE OF SMART CARD TECHNOLOGY IN THE DEPARTMENT OF DEFENSE
Pub. L. 106-65, div. A, title III, Sec. 373(a)-(g), Oct. 5, 1999,
113 Stat. 580, 581, provided that:
"(a) Department of Navy as Lead Agency. - The Department of the
Navy shall serve as the lead agency for the development and
implementation of a Smart Card program for the Department of
Defense.
"(b) Cooperation of Other Military Departments. - The Department
of the Army and the Department of the Air Force shall each
establish a project office and cooperate with the Department of the
Navy to develop implementation plans for exploiting the capability
of Smart Card technology as a means for enhancing readiness and
improving business processes throughout the military departments.
"(c) Senior Coordinating Group. - (1) Not later than November 30,
1999, the Secretary of Defense shall establish a senior
coordinating group to develop and implement -
"(A) Department-wide interoperability standards for use of
Smart Card technology; and
"(B) a plan to exploit Smart Card technology as a means for
enhancing readiness and improving business processes.
"(2) The senior coordinating group shall be chaired by a
representative of the Secretary of the Navy and shall include
senior representatives from each of the Armed Forces and such other
persons as the Secretary of Defense considers appropriate.
"(3) Not later than March 31, 2000, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a
report containing a detailed discussion of the progress made by the
senior coordinating group in carrying out its duties.
"(d) Role of Department of Defense Chief Information Office. -
The senior coordinating group established under subsection (c)
shall report to and receive guidance from the Department of Defense
Chief Information Office.
"(e) Increased Use Targeted to Certain Naval Regions. - Not later
than November 30, 1999, the Secretary of the Navy shall establish a
business plan to implement the use of Smart Cards in one major
Naval region of the continental United States that is in the area
of operations of the United States Atlantic Command and one major
Naval region of the continental United States that is in the area
of operations of the United States Pacific Command. The regions
selected shall include a major fleet concentration area. The
implementation of the use of Smart Cards in each region shall cover
the Navy and Marine Corps bases and all non-deployed units in the
region. The Secretary of the Navy shall submit the business plan to
the congressional defense committees [Committees on Armed Services
and Appropriations of the Senate and the House of Representatives].
"(f) Funding for Increased Use of Smart Cards. - Of the funds
authorized to be appropriated for the Navy by section 102(a)(4)
[113 Stat. 530] or 301(2) [113 Stat. 557], the Secretary of the
Navy -
"(1) shall allocate such amounts as may be necessary, but not
to exceed $30,000,000, to ensure that significant progress is
made toward complete implementation of the use of Smart Card
technology in the Department of the Navy; and
"(2) may allocate additional amounts for the conversion of
paper-based records to electronic media for records systems that
have been modified to use Smart Card technology.
"(g) Definitions. - In this section:
"(1) The term 'Smart Card' means a credit card-size device,
normally for carrying and use by personnel, that contains one or
more integrated circuits and may also employ one or more of the
following technologies:
"(A) Magnetic stripe.
"(B) Bar codes, linear or two-dimensional.
"(C) Non-contact and radio frequency transmitters.
"(D) Biometric information.
"(E) Encryption and authentication.
"(F) Photo identification.
"(2) The term 'Smart Card technology' means a Smart Card
together with all of the associated information technology
hardware and software that comprise the system for support and
operation."

SECRETARY OF DEFENSE REVIEW OF ARMY TECHNICIAN COSTING PROCESS
Pub. L. 106-65, div. A, title V, Sec. 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, Sec. 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, Sec. 1025, Oct. 5, 1999, 113
Stat. 748, provided that: "Not later than January 1 of each year,
the Secretary of Defense shall submit to the Committee on Armed
Services and the Committee on Foreign Relations of the Senate and
the Committee on Armed Services and the Committee on International
Relations [now Committee on Foreign Affairs] of the House of
Representatives a report detailing the number of members of the
United States Armed Forces deployed or otherwise assigned to duty
in Colombia at any time during the preceding year, the length and
purpose of the deployment or assignment, and the costs and force
protection risks associated with such deployments and assignments."

REPORT ON NATO DEFENSE CAPABILITIES INITIATIVE
Pub. L. 106-65, div. A, title X, Sec. 1039, Oct. 5, 1999, 113
Stat. 756, as amended by Pub. L. 108-136, div. A, title X, Sec.
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, Sec. 1053, Oct. 5, 1999, 113
Stat. 764, as amended by Pub. L. 107-107, div. A, title X, Sec.
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, Sec. 1202, Oct. 5, 1999, 113
Stat. 781, as amended by Pub. L. 107-107, div. A, title XII, Sec.
1221, Dec. 28, 2001, 115 Stat. 1252; Pub. L. 110-181, div. A, title
XII, Sec. 1263, Jan. 28, 2008, 122 Stat. 407; Pub. L. 111-84, div.
A, title XII, Sec. 1246(a)-(c), Oct. 28, 2009, 123 Stat. 2544,
2545, 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.
"(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.
"(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.
"(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. 111-84, div. A, title XII, Sec. 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, Sec. 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, Sec. 8119, Oct. 17, 1998, 112 Stat.
2331, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(B),
(D), (E), (2)(K), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110-
246, Sec. 4(a), title IV, Sec. 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, Sec. 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, Sec. 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]."

OVERSIGHT OF DEVELOPMENT AND IMPLEMENTATION OF AUTOMATED
IDENTIFICATION TECHNOLOGY
Pub. L. 105-261, div. A, title III, Sec. 344, Oct. 17, 1998, 112
Stat. 1977, as amended by Pub. L. 106-65, div. A, title III, Sec.
373(h), title X, Sec. 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, Sec. 377, Oct. 17, 1998, 112
Stat. 1993, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title
III, Sec. 387], Oct. 30, 2000, 114 Stat. 1654, 1654A-88, provided
that:
"(a) Pilot Program Authorized. - The Secretary of each military
department may carry out a pilot program to demonstrate the use of
landing fees as a source of funding for the operation and
maintenance of airfields of that department.
"(b) Landing Fee Defined. - In this section, the term 'landing
fee' means any fee that is established under or in accordance with
regulations of the military department concerned (whether
prescribed in a fee schedule or imposed under a joint-use
agreement) to recover costs incurred for use by civil aircraft of
an airfield of the military department in the United States or in a
territory or possession of the United States.
"(c) Use of Proceeds. - Amounts received in payment of landing
fees for use of a military airfield in a fiscal year of the pilot
program shall be credited to the appropriation that is available
for that fiscal year for the operation and maintenance of the
military airfield, shall be merged with amounts in the
appropriation to which credited, and shall be available for that
military airfield for the same period and purposes as the
appropriation is available.
"(d) Report. - Not later than March 31, 2003, the Secretary of
Defense shall submit to Congress a report on the pilot programs
carried out under this section by the Secretaries of the military
departments. The report shall specify the amounts of fees received
and retained by each military department under its pilot program as
of December 31, 2002."
"(e) Duration of Pilot Program. - The pilot program under this
section may not be carried out after September 30, 2010."

REPORT ON TERMINOLOGY FOR ANNUAL REPORT REQUIREMENT
Pub. L. 105-261, div. A, title IX, Sec. 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
Section 392 of Pub. L. 105-85, as amended by Pub. L. 105-261,
div. A, title III, Sec. 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
Subtitle F of title V of div. A of Pub. L. 105-85, as amended by
Pub. L. 105-261, div. A, title V, Sec. 524, Oct. 17, 1998, 112
Stat. 2014; Pub. L. 106-65, div. A, title X, Sec. 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
Section 907 of Pub. L. 105-85 provided that:
"(a) Military Department Criminal Investigative Organizations. -
(1) The heads of the military department criminal investigative
organizations shall take such action as may be practicable to
conserve the limited resources available to the military department
criminal investigative organizations by sharing personnel,
expertise, infrastructure, training, equipment, software, and other
resources.
"(2) The heads of the military department criminal investigative
organizations shall meet on a regular basis to determine the manner
in which and the extent to which the military department criminal
investigative organizations will be able to share resources.
"(b) Defense Auditing Organizations. - (1) The heads of the
defense auditing organizations shall take such action as may be
practicable to conserve the limited resources available to the
defense auditing organizations by sharing personnel, expertise,
infrastructure, training, equipment, software, and other resources.
"(2) The heads of the defense auditing organizations shall meet
on a regular basis to determine the manner in which and the extent
to which the defense auditing organizations will be able to share
resources.
"(c) Implementation Plan. - Not later than December 31, 1997, the
Secretary of Defense shall submit to Congress a plan designed to
maximize the resources available to the military department
criminal investigative organizations and the defense auditing
organizations, as required by this section.
"(d) Definitions. - For purposes of this section:
"(1) The term 'military department criminal investigative
organizations' means -
"(A) the Army Criminal Investigation Command;
"(B) the Naval Criminal Investigative Service; and
"(C) the Air Force Office of Special Investigations.
"(2) The term 'defense auditing organizations' means -
"(A) the Office of the Inspector General of the Department of
Defense;
"(B) the Defense Contract Audit Agency;
"(C) the Army Audit Agency;
"(D) the Naval Audit Service; and
"(E) the Air Force Audit Agency."

PROVISION OF ADEQUATE TROOP PROTECTION EQUIPMENT FOR ARMED FORCES
PERSONNEL ENGAGED IN PEACE OPERATIONS; REPORT ON ANTITERRORISM
ACTIVITIES AND PROTECTION OF PERSONNEL
Section 1052 of Pub. L. 105-85 provided that:
"(a) Protection of Personnel. - The Secretary of Defense shall
take appropriate actions to ensure that units of the Armed Forces
engaged in a peace operation are provided adequate troop protection
equipment for that operation.
"(b) Specific Actions. - In taking actions under subsection (a),
the Secretary shall -
"(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) Designation of Responsible Official. - The Secretary of
Defense shall designate an official within the Department of
Defense to be responsible for -
"(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) Troop Protection Equipment Defined. - In this section, the
term 'troop protection equipment' means the equipment required by
units of the Armed Forces to defend against any hostile threat that
is likely during a peace operation, including an attack by a
hostile crowd, small arms fire, mines, and a terrorist bombing
attack.
"(e) Report on Antiterrorism Activities of the Department of
Defense and Protection of Personnel. - Not later than 120 days
after the date of the enactment of this Act [Nov. 18, 1997], the
Secretary of Defense shall submit to Congress a report, in
classified and unclassified form, on antiterrorism activities of
the Department of Defense and the actions taken by the Secretary
under subsections (a), (b), and (c). The report shall include the
following:
"(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, Sec. 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.

PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE KOREAN WAR
Pub. L. 105-85, div. A, title X, Sec. 1083, Nov. 18, 1997, 111
Stat. 1918, as amended by Pub. L. 105-129, Sec. 1(b)(1), Dec. 1,
1997, 111 Stat. 2551; Pub. L. 105-261, div. A, title X, Sec.
1067(a), (c), Oct. 17, 1998, 112 Stat. 2134; Pub. L. 106-65, div.
A, title X, Sec. 1052(a), (b)(1), (c), Oct. 5, 1999, 113 Stat. 764;
Pub. L. 107-107, div. A, title X, Sec. 1048(g)(6), (i)(1), Dec. 28,
2001, 115 Stat. 1228, 1229; Pub. L. 107-314, div. A, title X, Sec.
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.

ANNUAL REPORT ON MORATORIUM ON USE BY ARMED FORCES OF ANTIPERSONNEL
LANDMINES
Section 1309 of Pub. L. 105-85 provided that:
"(a) Findings. - Congress makes the following findings:
"(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) Sense of Congress. - It is the sense of Congress that -
"(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) Annual Report. - Not later than December 31 each year, the
Secretary of Defense shall submit to the congressional defense
committees [Committees on Armed Services and Appropriations of
Senate and House of Representatives] a report concerning
antipersonnel landmines. Each such report shall include the
Secretary's description of the following:
"(1) The military utility of the continued deployment and use
by the United States of antipersonnel landmines.
"(2) The effect of a moratorium on the production, stockpiling,
and use of antipersonnel landmines on the ability of United
States forces to deter and defend against attack on land by
hostile forces, including on the Korean peninsula.
"(3) Progress in developing and fielding systems that are
effective substitutes for antipersonnel landmines, including an
identification and description of the types of systems that are
being developed and fielded, the costs associated with those
systems, and the estimated timetable for developing and fielding
those systems.
"(4) The effect of a moratorium on the use of antipersonnel
landmines on the military effectiveness of current antitank mine
systems.
"(5) The number and type of pure antipersonnel landmines that
remain in the United States inventory and that are subject to
elimination under the President's September 17, 1997, declaration
on United States antipersonnel landmine policy.
"(6) The number and type of mixed antitank mine systems that
are in the United States inventory, the locations where they are
deployed, and their effect on the deterrence and warfighting
ability of United States Armed Forces.
"(7) The effect of the elimination of pure antipersonnel
landmines on the warfighting effectiveness of the United States
Armed Forces.
"(8) The costs already incurred and anticipated of eliminating
antipersonnel landmines from the United States inventory in
accordance with the policy enunciated by the President on
September 17, 1997.
"(9) The benefits that would result to United States military
and civilian personnel from an international treaty banning the
production, use, transfer, and stockpiling of antipersonnel
landmines."

HATE CRIMES IN THE MILITARY
Section 571(a), (b) of Pub. L. 104-201 provided that:
"(a) Human Relations Training. - (1) The Secretary of Defense
shall ensure that the Secretary of each military department
conducts ongoing programs for human relations training for all
members of the Armed Forces under the jurisdiction of the
Secretary. Matters to be covered by such training include race
relations, equal opportunity, opposition to gender discrimination,
and sensitivity to 'hate group' activity. Such training shall be
provided during basic training (or other initial military training)
and on a regular basis thereafter.
"(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) Information To Be Provided to Prospective Recruits. - The
Secretary of Defense shall ensure that each individual preparing to
enter an officer accession program or to execute an original
enlistment agreement is provided information concerning the meaning
of the oath of office or oath of enlistment for service in the
Armed Forces in terms of the equal protection and civil liberties
guarantees of the Constitution, and each such individual shall be
informed that if supporting those guarantees is not possible
personally for that individual, then that individual should decline
to enter the Armed Forces."

ANNUAL REPORT ON OPERATION PROVIDE COMFORT AND OPERATION ENHANCED
SOUTHERN WATCH
Pub. L. 104-201, div. A, title X, Sec. 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, Sec. 1042, Sept. 23, 1996, 110
Stat. 2642, as amended by Pub. L. 106-65, div. A, title X, Sec.
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, Sec. 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, Sec. 1065, Sept. 23, 1996, 110
Stat. 2653, as amended by Pub. L. 108-136, div. A, title X, Sec.
1031(f)(2), Nov. 24, 2003, 117 Stat. 1604; Pub. L. 109-163, div. A,
title IX, Sec. 903(c)(2), Jan. 6, 2006, 119 Stat. 3399, provided
that:
"(a) Marshall Center Participation By Foreign Nations. -
Notwithstanding any other provision of law, the Secretary of
Defense may authorize participation by a European or Eurasian
nation in Marshall Center programs if the Secretary determines,
after consultation with the Secretary of State, that such
participation is in the national interest of the United States.
"(b) Exemptions for Members of Marshall Center Board of Visitors
From Certain Requirements. - (1) In the case of any person invited
to serve without compensation on the Marshall Center Board of
Visitors, the Secretary of Defense may waive any requirement for
financial disclosure that would otherwise apply to that person
solely by reason of service on such Board.
"(2) Notwithstanding any other provision of law, a member of the
Marshall Center Board of Visitors may not be required to register
as an agent of a foreign government solely by reason of service as
a member of the Board.
"(3) Notwithstanding section 219 of title 18, United States Code,
a non-United States citizen may serve on the Marshall Center Board
of Visitors even though registered as a foreign agent."
Pub. L. 103-337, div. A, title XIII, Sec. 1306, Oct. 5, 1994, 108
Stat. 2892, as amended by Pub. L. 108-136, div. A, title XII, Sec.
1223, Nov. 24, 2003, 117 Stat. 1652; Pub. L. 109-163, div. A, title
IX, Sec. 903(c)(1), Jan. 6, 2006, 119 Stat. 3399, provided that:
"(a) Waiver of Charges. - The Secretary of Defense may waive
reimbursement of the costs of conferences, seminars, courses of
instruction, or similar 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 if the Secretary determines
that attendance by such personnel without reimbursement is in the
national security interest of the United States.
"(b) Source of Funds. - Costs for which reimbursement is waived
pursuant to subsection (a) shall be paid from appropriations
available for the Center."

PARTICIPATION OF MEMBERS, DEPENDENTS, AND OTHER PERSONS IN CRIME
PREVENTION EFFORTS AT INSTALLATIONS
Pub. L. 104-201, div. A, title X, Sec. 1070, Sept. 23, 1996, 110
Stat. 2656, provided that:
"(a) Crime Prevention Plan. - The Secretary of Defense shall
prepare and implement an incentive-based plan to encourage members
of the Armed Forces, dependents of members, civilian employees of
the Department of Defense, and employees of defense contractors
performing work at military installations to report to an
appropriate military law enforcement agency any crime or criminal
activity that the person reasonably believes occurred on a military
installation or involves a member of the Armed Forces.
"(b) Incentives to Report Criminal Activity. - The Secretary of
Defense shall include in the plan developed under subsection (a)
incentives for members and other persons described in such
subsection to provide information to appropriate military law
enforcement agencies regarding any crime or criminal activity
occurring on a military installation or involving a member of the
Armed Forces.
"(c) Report Regarding Implementation. - Not later than February
1, 1997, the Secretary shall submit to Congress a report describing
the plan being developed under subsection (a)."

ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS OF THE ARMED
FORCES
Pub. L. 104-193, title III, Sec. 363(a), Aug. 22, 1996, 110 Stat.
2247, as amended by Pub. L. 107-296, title XVII, Sec.
1704(e)(1)(A), Nov. 25, 2002, 116 Stat. 2315, provided that:
"(1) Maintenance of address information. - The Secretary of
Defense shall establish a centralized personnel locator service
that includes the address of each member of the Armed Forces under
the jurisdiction of the Secretary. Upon request of the Secretary of
Homeland Security, addresses for members of the Coast Guard shall
be included in the centralized personnel locator service.
"(2) Type of address. -
"(A) Residential address. - Except as provided in subparagraph
(B), the address for a member of the Armed Forces shown in the
locator service shall be the residential address of that member.
"(B) Duty address. - The address for a member of the Armed
Forces shown in the locator service shall be the duty address of
that member in the case of a member -
"(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) Updating of locator information. - Within 30 days after a
member listed in the locator service establishes a new residential
address (or a new duty address, in the case of a member covered by
paragraph (2)(B)), the Secretary concerned shall update the locator
service to indicate the new address of the member.
"(4) Availability of information. - The Secretary of Defense
shall make information regarding the address of a member of the
Armed Forces listed in the locator service available, on request,
to the Federal Parent Locator Service established under section 453
of the Social Security Act [42 U.S.C. 653]."

REVIEW OF C(!4)I BY NATIONAL RESEARCH COUNCIL
Pub. L. 104-106, div. A, title II, Sec. 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, Sec. 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, Sec. 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, Sec. 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)."
Section 830 of Pub. L. 104-201, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(f) [title VIII, Sec. 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 [Secs. 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
Section 533 of Pub. L. 103-337 provided that:
"(a) Required Assessment. - The Secretary of Defense shall submit
to Congress an annual report on trends in recruiting, retention,
and personnel readiness.
"(b) Data To Be Collected. - Each annual report under subsection
(a) shall include the following information with respect to the
preceding fiscal year for the active components of each of the
Armed Forces under the jurisdiction of the Secretary (as well as
such additional information as the Secretary considers
appropriate):
"(1) The numbers of members of the Armed Forces temporarily and
permanently nondeployable and rates of temporary and permanent
nondeployability, displayed by cause of nondeployability, rank,
and gender.
"(2) The numbers and rates of complaints and allegations within
the Armed Forces that involve gender and other unlawful
discrimination and sexual harassment, and the rates of
substantiation for those complaints and allegations.
"(3) The numbers and rates of disciplinary proceedings,
displayed (A) by offense or infraction committed, (B) by gender,
rank, and race, and (C) by the categories specified in paragraph
(2).
"(4) The retention rates, by gender, rank, and race, with an
analysis of factors influencing those rates.
"(5) The propensity of persons to enlist, displayed by gender
and race, with an analysis of the factors influencing those
propensities.
"(c) Submission to Congress. - The Secretary shall submit the
report under this section for any fiscal year as part of the annual
Department of Defense posture statement provided to Congress in
connection with the Department of Defense budget request for that
fiscal year.
"(d) Initial Submission. - The first report under this section
shall be submitted in connection with the Department of Defense
budget request for fiscal year 1996 and shall include data, to the
degree such data already exists, for fiscal years after fiscal year
1991."

VICTIMS' ADVOCATES PROGRAMS IN DEPARTMENT OF DEFENSE
Section 534 of Pub. L. 103-337 provided that:
"(a) Establishment. - (1) The Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and Readiness,
shall revise policies and regulations of the Department of Defense
with respect to the programs of the Department of Defense specified
in paragraph (2) in order to establish within each of the military
departments a victims' advocates program.
"(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) Purpose. - A victims' advocates program established pursuant
to subsection (a) shall provide assistance described in subsection
(d) to members of the Armed Forces and their dependents who are
victims of any of the following:
"(1) Crime.
"(2) Intrafamilial sexual, physical, or emotional abuse.
"(3) Discrimination or harassment based on race, gender, ethnic
background, national origin, or religion.
"(c) Interdisciplinary Councils. - (1) The Secretary of Defense
shall establish a Department of Defense council to coordinate and
oversee the implementation of programs under subsection (a). The
membership of the council shall be selected from members of the
Armed Forces and officers and employees of the Department of
Defense having expertise or experience in a variety of disciplines
and professions in order to ensure representation of the full range
of services and expertise that will be needed in implementing those
programs.
"(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) Assistance. - (1) Under a victims' advocates program
established under subsection (a), individuals working in the
program shall principally serve the interests of a victim by
initiating action to provide (A) information on available benefits
and services, (B) assistance in obtaining those benefits and
services, and (C) other appropriate assistance.
"(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) Staffing. - The Secretary of Defense shall provide for the
assignment of personnel (military or civilian) on a full-time basis
to victims' advocates programs established pursuant to subsection
(a). The Secretary shall ensure that sufficient numbers of such
full-time personnel are assigned to those programs to enable those
programs to be carried out effectively.
"(f) Implementation Deadline. - Subsection (a) shall be carried
out not later than six months after the date of the enactment of
this Act [Oct. 5, 1994].
"(g) Implementation Report. - Not later than 30 days after the
date on which Department of Defense policies and regulations are
revised pursuant to subsection (a), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House
of Representatives a report on the implementation (and plans for
implementation) of this section."

ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT AND COLD WAR
POW/MIAS WHO REMAIN UNACCOUNTED FOR
Section 1031 of Pub. L. 103-337 provided that:
"(a) Single Point of Contact. - The Secretary of Defense shall
designate an official of the Department of Defense to serve as a
single point of contact within the department -
"(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) Functions. - The official designated under subsection (a)
shall serve as a liaison between the family members of unaccounted-
for Korean conflict POW/MIAs and unaccounted-for Cold War POW/MIAs
and the Department of Defense and other Federal departments and
agencies that may hold information that may relate to such
POW/MIAs. The functions of that official shall include assisting
family members -
"(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) Assistance in Obtaining Declassification. - The official
designated under subsection (a) shall seek to obtain the rapid
declassification of any relevant classified records that are
identified.
"(d) Repository. - The official designated under subsection (a)
shall provide all documents relating to unaccounted-for Korean
conflict POW/MIAs and unaccounted-for Cold War POW/MIAs that are
located as a result of the official's efforts to the National
Archives and Records Administration, which shall locate them in a
centralized repository.
"(e) Definitions. - For purposes of this section:
"(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. 111-118, div. A, title VIII, Sec. 8073, Dec. 19, 2009,
123 Stat. 3445, 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 2010."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 110-329, div. C, title VIII, Sec. 8073, Sept. 30, 2008,
122 Stat. 3637.
Pub. L. 110-116, div. A, title VIII, Sec. 8076, Nov. 13, 2007,
121 Stat. 1332.
Pub. L. 109-289, div. A, title VIII, Sec. 8074, Sept. 29, 2006,
120 Stat. 1291.
Pub. L. 109-148, div. A, title VIII, Sec. 8083, Dec. 30, 2005,
119 Stat. 2717.
Pub. L. 108-287, title VIII, Sec. 8091, Aug. 5, 2004, 118 Stat.
992.
Pub. L. 108-87, title VIII, Sec. 8092, Sept. 30, 2003, 117 Stat.
1094.
Pub. L. 107-248, title VIII, Sec. 8098, Oct. 23, 2002, 116 Stat.
1559.
Pub. L. 107-117, div. A, title VIII, Sec. 8118, Jan. 10, 2002,
115 Stat. 2273.
Pub. L. 106-259, title VIII, Sec. 8137, Aug. 9, 2000, 114 Stat.
704.
Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec.
8106], Sept. 30, 1996, 110 Stat. 3009-71, 3009-111, as amended by
Pub. L. 105-56, title VIII, Sec. 8113, Oct. 8, 1997, 111 Stat.
1245; Pub. L. 105-277, div. C, title I, Sec. 143, Oct. 21, 1998,
112 Stat. 2681-609; Pub. L. 106-79, title VIII, Sec. 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, Sec. 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, Sec. 8102, Dec. 1, 1995, 109 Stat.
672.
Pub. L. 103-335, title VIII, Sec. 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, Sec. 542, Nov. 30, 1993, 107
Stat. 1659, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title
V, Sec. 573(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-136; Pub. L.
107-107, div. A, title V, Sec. 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, Sec. 541(a)(1),
(c), Jan. 6, 2006, 119 Stat. 3251, 3253.

GENDER-NEUTRAL OCCUPATIONAL PERFORMANCE STANDARDS
Pub. L. 103-160, div. A, title V, Sec. 543, Nov. 30, 1993, 107
Stat. 1660, provided that:
"(a) Gender Neutrality Requirement. - In the case of any military
occupational career field that is open to both male and female
members of the Armed Forces, the Secretary of Defense -
"(1) shall ensure that qualification of members of the Armed
Forces for, and continuance of members of the Armed Forces in,
that occupational career field is evaluated on the basis of
common, relevant performance standards, without differential
standards or evaluation on the basis of gender;
"(2) may not use any gender quota, goal, or ceiling except as
specifically authorized by law; and
"(3) may not change an occupational performance standard for
the purpose of increasing or decreasing the number of women in
that occupational career field.
"(b) Requirements Relating To Use of Specific Physical
Requirements. - (1) For any military occupational specialty for
which the Secretary of Defense determines that specific physical
requirements for muscular strength and endurance and cardiovascular
capacity are essential to the performance of duties, the Secretary
shall prescribe specific physical requirements for members in that
specialty and shall ensure (in the case of an occupational
specialty that is open to both male and female members of the Armed
Forces) that those requirements are applied on a gender-neutral
basis.
"(2) Whenever the Secretary establishes or revises a physical
requirement for an occupational specialty, a member serving in that
occupational specialty when the new requirement becomes effective,
who is otherwise considered to be a satisfactory performer, shall
be provided a reasonable period, as determined under regulations
prescribed by the Secretary, to meet the standard established by
the new requirement. During that period, the new physical
requirement may not be used to disqualify the member from continued
service in that specialty.
"(c) Notice to Congress of Changes. - Whenever the Secretary of
Defense proposes to implement changes to the occupational standards
for a military occupational field that are expected to result in an
increase, or in a decrease, of at least 10 percent in the number of
female members of the Armed Forces who enter, or are assigned to,
that occupational field, the Secretary of Defense shall submit to
Congress a report providing notice of the change and the
justification and rationale for the change. Such changes may then
be implemented only after the end of the 60-day period beginning on
the date on which such report is submitted."

SECURITY CLEARANCES
Pub. L. 103-337, div. A, title X, Sec. 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, Sec. 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, Sec. 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.

INVESTIGATIONS OF DEATHS OF MEMBERS OF ARMED FORCES FROM
SELF-INFLICTED CAUSES
Pub. L. 103-160, div. A, title XI, Sec. 1185, Nov. 30, 1993, 107
Stat. 1774, required the Secretary of Defense to review, not later
than June 30, 1994, the procedures of the military departments for
investigating deaths of members of the Armed Forces that may have
resulted from self-inflicted causes, to submit to Congress, not
later than July 15, 1994, a report on the review, and to prescribe,
not later than Oct. 1, 1994, regulations governing the
investigation of deaths of members of the Armed Forces that may
have resulted from self-inflicted causes, required the Inspector
General of the Department of Defense to review certain death
investigations, and required the Secretary of Transportation to
implement with respect to the Coast Guard the requirements that
were imposed on the Secretary of Defense and the Inspector General
of the Department of Defense.

PROGRAM TO COMMEMORATE WORLD WAR II
Pub. L. 102-484, div. A, title III, Sec. 378, Oct. 23, 1992, 106
Stat. 2387, as amended by Pub. L. 103-337, div. A, title III, Sec.
382(a), Oct. 5, 1994, 108 Stat. 2740, authorized the Secretary of
Defense, during fiscal years 1993 through 1996, to conduct a
program to commemorate the 50th anniversary of World War II and to
coordinate, support, and facilitate commemoration programs and
activities of Federal, State, and local governments.

REVIEW OF MILITARY FLIGHT TRAINING ACTIVITIES AT CIVILIAN AIRFIELDS
Pub. L. 102-484, div. A, title III, Sec. 383, Oct. 23, 1992, 106
Stat. 2392, provided that:
"(a) Review Required. - The Secretary of Defense shall provide
for a review of the practices and procedures of the military
departments regarding the use of civilian airfields in flight
training activities of the Armed Forces.
"(b) Purpose. - The purpose of the review is to determine whether
the practices and procedures referred to in subsection (a) should
be modified to better protect the public safety while meeting
training requirements of the Armed Forces.
"(c) Special Requirement. - In the conduct of the review,
particular consideration shall be given to the practices and
procedures regarding the use of civilian airfields in heavily
populated areas."

REPORT ON ACTIONS TO REDUCE DISINCENTIVES FOR DEPENDENTS TO REPORT
ABUSE BY MEMBERS OF ARMED FORCES
Pub. L. 102-484, div. A, title VI, Sec. 653(d), Oct. 23, 1992,
106 Stat. 2429, directed the Secretary of Defense to transmit a
report to Congress not later than Dec. 15, 1993, on actions that
had been taken and were planned to be taken in the Department of
Defense to reduce or eliminate disincentives for a dependent of a
member of the Armed Forces abused by the member to report the
abuse.

SURVIVOR NOTIFICATION AND ACCESS TO REPORTS RELATING TO SERVICE
MEMBERS WHO DIE
Pub. L. 102-484, div. A, title X, Sec. 1072, Oct. 23, 1992, 106
Stat. 2508, provided that:
"(a) Availability of Fatality Reports and Records. -
"(1) Requirement. - The Secretary of each military department
shall ensure that fatality reports and records pertaining to any
member of the Armed Forces who dies in the line of duty shall be
made available to family members of the service member in
accordance with this subsection.
"(2) Information to be provided after notification of death. -
Within a reasonable period of time after family members of a
service member are notified of the member's death, but not more
than 30 days after the date of notification, the Secretary
concerned shall ensure that the family members -
"(A) in any case in which the cause or circumstances
surrounding the death are under investigation, are informed of
that fact, of the names of the agencies within the Department
of Defense conducting the investigations, and of the existence
of any reports by such agencies that have been or will be
issued as a result of the investigations; and
"(B) are furnished, if the family members so desire, a copy
of any completed investigative report and any other completed
fatality reports that are available at the time family members
are provided the information described in subparagraph (A) to
the extent such reports may be furnished consistent with
sections 552 and 552a of title 5, United States Code.
"(3) Assistance in obtaining reports. - (A) In any case in
which an investigative report or other fatality reports are not
available at the time family members of a service member are
provided the information described in paragraph (2)(A) about the
member's death, the Secretary concerned shall ensure that a copy
of such investigative report and any other fatality reports are
furnished to the family members, if they so desire, when the
reports are completed and become available, to the extent such
reports may be furnished consistent with sections 552 and 552a of
title 5, United States Code.
"(B) In any case in which an investigative report or other
fatality reports cannot be released at the time family members of
a service member are provided the information described in
paragraph (2)(A) about the member's death because of section 552
or 552a of title 5, United States Code, the Secretary concerned
shall ensure that the family members -
"(i) are informed about the requirements and procedures
necessary to request a copy of such reports; and
"(ii) are assisted, if the family members so desire, in
submitting a request in accordance with such requirements and
procedures.
"(C) The requirement of subparagraph (B) to inform and assist
family members in obtaining copies of fatality reports shall
continue until a copy of each report is obtained, or access to
any such report is denied by competent authority within the
Department of Defense.
"(4) Waiver. - The requirements of paragraph (2) or (3) may be
waived on a case-by-case basis, but only if the Secretary of the
military department concerned determines that compliance with
such requirements is not in the interests of national security.
"(b) Review of Combat Fatality Notification Procedures. -
"(1) Review. - The Secretary of Defense shall conduct a review
of the fatality notification procedures used by the military
departments. Such review shall examine the following matters:
"(A) Whether uniformity in combat fatality notification
procedures among the military departments is desirable,
particularly with respect to -
"(i) the use of one or two casualty notification and
assistance officers;
"(ii) the use of standardized fatality report forms and
witness statements;
"(iii) the use of a single center for all military
departments through which combat fatality information may be
processed; and
"(iv) the use of uniform procedures and the provision of a
dispute resolution process for instances in which members of
one of the Armed Forces inflict casualties on members of
another of the Armed Forces.
"(B) Whether existing combat fatality report forms should be
modified to include a block or blocks with which to identify
the cause of death as 'friendly fire', 'U.S. ordnance', or
'unknown'.
"(C) Whether the existing 'Emergency Data' form prepared by
members of the Armed Forces should be revised to allow members
to specify provision for notification of additional family
members in cases such as the case of a divorced service member
who leaves children with both a current and a former spouse.
"(D) Whether the military departments should, in all cases,
provide family members of a service member who died as a result
of injuries sustained in combat with full and complete details
of the death of the service member, regardless of whether such
details may be graphic, embarrassing to the family members, or
reflect negatively on the military department concerned.
"(E) Whether, and when, the military departments should
inform family members of a service member who died as a result
of injuries sustained in combat about the possibility that the
death may have been the result of friendly fire.
"(F) The criteria and standards which the military
departments should use in deciding when disclosure is
appropriate to family members of a member of the military
forces of an allied nation who died as a result of injuries
sustained in combat when the death may have been the result of
fire from United States armed forces and an investigation into
the cause or circumstances of the death has been conducted.
"(2) Report. - The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the review conducted under paragraph
(1). Such report shall be submitted not later than March 31,
1993, and shall include recommendations on the matters examined
in the review and on any other matters the Secretary determines
to be appropriate based upon the review or on any other reviews
undertaken by the Department of Defense.
"(c) Definitions. - In this section:
"(1) The term 'fatality reports' includes investigative reports
and any other reports pertaining to the cause or circumstances of
death of a member of the Armed Forces in the line of duty (such
as autopsy reports, battlefield reports, and medical reports).
"(2) The term 'family members' means parents, spouses, adult
children, and such other relatives as the Secretary concerned
considers appropriate.
"(d) Applicability. - (1) Except as provided in paragraph (2),
this section applies with respect to deaths of members of the Armed
Forces occurring after the date of the enactment of this Act [Oct.
23, 1992].
"(2) With respect to deaths of members of the Armed Forces
occurring before the date of the enactment of this Act, the
Secretary concerned shall provide fatality reports to family
members upon request as promptly as practicable."

LIMITATION ON SUPPORT FOR UNITED STATES CONTRACTORS SELLING ARMS
OVERSEAS
Pub. L. 102-484, div. A, title X, Sec. 1082, Oct. 23, 1992, 106
Stat. 2516, as amended by Pub. L. 108-136, div. A, title X, Sec.
1031(d)(2), Nov. 24, 2003, 117 Stat. 1604, provided that:
"(a) Support for Contractors. - In the event that a United States
defense contractor or industrial association requests the
Department of Defense or a military department to provide support
in the form of military equipment for any airshow or trade
exhibition to be held outside the United States, such equipment may
not be supplied unless the contractor or association agrees to
reimburse the Treasury of the United States for -
"(1) all incremental costs of military personnel accompanying
the equipment, including food, lodging, and local transportation;
"(2) all incremental transportation costs incurred in moving
such equipment from its normally assigned location to the airshow
or trade exhibition and return; and
"(3) any other miscellaneous incremental costs not included
under paragraphs (1) and (2) that are incurred by the Federal
Government but would not have been incurred had military support
not been provided to the contractor or industrial association.
"(b) Department of Defense Exhibitions. - (1) A military
department may not participate directly in any airshow or trade
exhibition held outside the United States unless the Secretary of
Defense determines that it is in the national security interests of
the United States for the military departments to do so.
"(2) The Secretary of Defense may not delegate the authority to
make the determination referred to in [former] paragraph (1)(A)
below the level of the Under Secretary of Defense for Policy.
"(c) Definition. - In this section, the term 'incremental
transportation cost' includes the cost of transporting equipment to
an airshow or trade exhibition only to the extent that the
provision of transportation by the Department of Defense described
in subsection (a)(2) does not fulfill legitimate training
requirements that would otherwise have to be met."

OVERSEAS MILITARY END STRENGTH
Pub. L. 102-484, div. A, title XIII, Sec. 1302, Oct. 23, 1992,
106 Stat. 2545, which provided that on and after Sept. 30, 1996, no
appropriated funds may be used to support an end strength level of
members of the Armed Forces of the United States assigned to
permanent duty ashore in nations outside the United States at any
level in excess of 60 percent of the end strength level of such
members on Sept. 30, 1992, with exceptions in the event of
declarations of war or emergency, was repealed and restated as
section 123b of this title by Pub. L. 103-337, Sec. 1312(a), (c).

REPORTS ON OVERSEAS BASING
Pub. L. 111-84, div. A, title X, Sec. 1063, Oct. 28, 2009, 123
Stat. 2469, as amended by Pub. L. 111-383, div. A, title X, Sec.
1075(d)(14), Jan. 7, 2011, 124 Stat. 4373, provided that:
"(a) Report Requirement. - Concurrent with the delivery of the
report on the 2009 quadrennial defense review required by section
118 of title 10, United States Code, 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 report on the plan for basing of forces outside
the United States.
"(b) Matters Covered. - The report required under subsection (a)
shall contain a description of -
"(1) how the plan supports the United States national security
strategy;
"(2) how the plan supports the security commitments undertaken
by the United States pursuant to any international security
treaty, including the North Atlantic Treaty, the Treaty of Mutual
Cooperation and Security between the United States and Japan, and
the Security Treaty Between Australia, New Zealand, and the
United States of America;
"(3) how the plan addresses the current security environment in
each geographic combatant command's area of responsibility,
including United States participation in theater security
cooperation activities and bilateral partnership, exchanges, and
training exercises;
"(4) the impact that a permanent change in the basing of a unit
currently stationed outside the United States would have on the
matters described in paragraphs (1) through (3);
"(5) the impact the plan will have on the status of overseas
base closure and realignment actions undertaken as part of a
global defense posture realignment strategy and the status of
development and execution of comprehensive master plans for
overseas military main operating bases, forward operating sites,
and cooperative security locations of the global defense posture
of the United States;
"(6) any recommendations for additional closures or
realignments of military installations outside of the United
States; and
"(7) any comments resulting from an interagency review of the
plan that includes the Department of State and other relevant
Federal departments and agencies.
"(c) Notification Requirement. - The Secretary of Defense shall
notify Congress at least 30 days before the permanent relocation of
a unit stationed outside the United States as of the date of the
enactment of this Act [Oct. 28, 2009].
"(d) Definitions. - In this section:
"(1) Unit. - The term 'unit' has the meaning determined by the
Secretary of Defense for purposes of this section.
"(2) Geographic combatant command. - The term 'geographic
combatant command' means a combatant command with a geographic
area of responsibility that does not include North America."
Pub. L. 102-484, div. A, title XIII, Sec. 1304, Oct. 23, 1992,
106 Stat. 2546, as amended by Pub. L. 103-160, div. B, title XXIX,
Sec. 2924(a), Nov. 30, 1993, 107 Stat. 1931; Pub. L. 104-106, div.
A, title XV, Sec. 1502(c)(2)(A), Feb. 10, 1996, 110 Stat. 506,
provided that:
"(a) Annual Report. - The Secretary of Defense shall, not later
than March 31 of each year through 1997, submit to the Committee on
Armed Services of the Senate and the Committee on National Security
of the House of Representatives [now Committee on Armed Services of
House of Representatives], either separately or as part of another
relevant report, a report that specifies -
"(1) the stationing and basing plan by installation for United
States military forces outside the United States;
"(2) the status of closures of United States military
installations located outside the United States;
"(3) both -
"(A) the status of negotiations, if any, between the United
States and the host government as to (i) United States claims
for compensation for the fair market value of the improvements
made by the United States at each installation referred to in
paragraph (2), and (ii) any claims of the host government for
damages or restoration of the installation; and
"(B) the representative of the United States in any such
negotiations;
"(4) the potential savings to the United States resulting from
such closures;
"(5) the cost to the United States of any improvements made at
each installation referred to in paragraph (2) and the fair
market value of such improvements, expressed in constant dollars
based on the date of completion of the improvements;
"(6) in each case in which negotiations between the United
States and a host government have resulted in an agreement for
the payment to the United States by the host government of the
value of improvements to an installation made by the United
States, the amount of such payment, the form of such payment, and
the expected date of such payment; and
"(7) efforts and progress toward achieving host nation offsets
under section 1301(e) [106 Stat. 2545] and reduced end strength
levels under section 1302 [set out above].
"(b) Report on Budget Implications of Overseas Basing Agreements.
- Whenever the Secretary of Defense enters into a basing agreement
between the United States and a foreign country with respect to
United States military forces outside the United States, the
Secretary of Defense shall, in advance of the signing of the
agreement, submit to the congressional defense committees a report
on the Federal budget implications of the agreement."

COMMISSION ON ASSIGNMENT OF WOMEN IN ARMED FORCES
Sections 541-550 of Pub. L. 102-190 provided for the creation of
a Commission on the Assignment of Women in the Armed Forces to
assess the laws and policies restricting the assignment of female
service members and the implications, if any, for the combat
readiness of the Armed Forces of permitting female members to
qualify for assignment to positions in some or all categories of
combat positions, with a report to be submitted to the President no
later than Nov. 15, 1992, and to the Congress no later than Dec.
15, 1992, containing recommendations as to what roles female
members should have in combat and what laws and policies
restricting such assignments should be repealed or modified, and
further provided for powers and procedures of the Commission,
personnel matters, payment of Commission expenses and other
miscellaneous administrative provisions, termination of the
Commission 90 days after submission of its final report, and test
assignments of female service members to combat positions.

REQUIREMENTS RELATING TO EUROPEAN MILITARY PROCUREMENT PRACTICES
Section 832 of Pub. L. 102-190 provided that:
"(a) European Procurement Practices. - The Secretary of Defense
shall -
"(1) compute the total value of American-made military goods
and services procured each year by European governments or
companies;
"(2) review defense procurement practices of European
governments to determine what factors are considered in the
selection of contractors and to determine whether American firms
are discriminated against in the selection of contractors for
purchases by such governments of military goods and services; and
"(3) establish a procedure for discussion with European
governments about defense contract awards made by them that
American firms believe were awarded unfairly.
"(b) Defense Trade and Cooperation Working Group. - The Secretary
of Defense shall establish a defense trade and cooperation working
group. The purpose of the group is to evaluate the impact of, and
formulate United States positions on, European initiatives that
affect United States defense trade, cooperation, and technology
security. In carrying out the responsibilities of the working
group, members of the group shall consult, as appropriate, with
personnel in the Departments of State and Commerce and in the
Office of the United States Trade Representative.
"(c) GAO Review. - The Comptroller General shall conduct a review
to determine how the members of the North Atlantic Treaty
Organization are implementing their bilateral reciprocal defense
procurement memoranda of understanding with the United States. The
Comptroller General shall complete the review, and submit to
Congress a report on the results of the review, not later than
February 1, 1992."

DEPARTMENT OF DEFENSE USE OF NATIONAL INTELLIGENCE COLLECTION
SYSTEMS
Pub. L. 102-190, div. A, title IX, Sec. 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.]

FAMILY SUPPORT CENTER FOR FAMILIES OF PRISONERS OF WAR AND PERSONS
MISSING IN ACTION
Section 1083 of Pub. L. 102-190 provided that:
"(a) Request for Establishment. - The President is authorized and
requested to establish in the Department of Defense a family
support center to provide information and assistance to members of
the families of persons who at any time while members of the Armed
Forces were classified as prisoners of war or missing in action in
Southeast Asia and who have not been accounted for. Such a support
center should be located in a facility in the National Capital
region.
"(b) Duties. - The center should be organized and provided with
such personnel as necessary to permit the center to assist family
members referred to in subsection (a) in contacting the departments
and agencies of the Federal Government having jurisdiction over
matters relating to such persons."

REPORTS ON FOREIGN CONTRIBUTIONS AND COSTS OF OPERATION DESERT
STORM
Pub. L. 102-25, title IV, Apr. 6, 1991, 105 Stat. 99, directed
Director of Office of Management and Budget to submit to Congress a
number of reports on incremental costs associated with Operation
Desert Storm and amounts of contributions made to United States by
foreign countries to offset those costs, with a final report due
not later than Nov. 15, 1992, and directed Secretary of State and
Secretary of the Treasury to jointly submit to Congress a number of
reports on contributions made by foreign countries as part of
international response to Persian Gulf crisis, with a final report
due not later than Nov. 15, 1992.

CHILD CARE ASSISTANCE TO FAMILIES OF MEMBERS SERVING ON ACTIVE DUTY
DURING PERSIAN GULF CONFLICT
Pub. L. 102-25, title VI, Sec. 601, Apr. 6, 1991, 105 Stat. 105,
as amended by Pub. L. 102-190, div. A, title X, Sec. 1063(d)(1),
Dec. 5, 1991, 105 Stat. 1476; Pub. L. 102-484, div. A, title X,
Sec. 1053(8), Oct. 23, 1992, 106 Stat. 2502, authorized the
Secretary of Defense to provide child care assistance for families
of members of the Armed Forces and the National Guard who had
served on active duty during the Persian Gulf conflict in Operation
Desert Storm.

FAMILY EDUCATION AND SUPPORT SERVICES TO FAMILIES OF MEMBERS
SERVING ON ACTIVE DUTY IN OPERATION DESERT STORM
Pub. L. 102-25, title VI, Sec. 602, Apr. 6, 1991, 105 Stat. 106,
as amended by Pub. L. 102-190, div. A, title X, Sec. 1063(d)(2),
Dec. 5, 1991, 105 Stat. 1476, authorized the Secretary of Defense
to provide assistance to families of members of the Armed Forces
and National Guard who had served on active duty during the Persian
Gulf conflict in Operation Desert Storm in order to ensure that
they would receive educational assistance and support services
necessary to meet needs.

WITHHOLDING OF PAYMENTS TO INDIRECT-HIRE CIVILIAN PERSONNEL OF
NONPAYING PLEDGING NATIONS
Pub. L. 102-25, title VI, Sec. 608, Apr. 6, 1991, 105 Stat. 112,
provided that:
"(a) General Rule. - Effective as of the end of the six-month
period beginning on the date of the enactment of this Act [Apr. 6,
1991], the Secretary of Defense shall withhold payments to any
nonpaying pledging nation that would otherwise be paid as
reimbursements for expenses of indirect-hire civilian personnel of
the Department of Defense in that nation.
"(b) Nonpaying Pledging Nation Defined. - For purposes of this
section, the term 'nonpaying pledging nation' means a foreign
nation that has pledged to the United States that it will make
contributions to assist the United States in defraying the
incremental costs of Operation Desert Shield and which has not paid
to the United States the full amount so pledged.
"(c) Release of Withheld Amounts. - When a nation affected by
subsection (a) has paid to the United States the full amount
pledged, the Secretary of Defense shall release the amounts
withheld from payment pursuant to subsection (a).
"(d) Waiver Authority. - The Secretary of Defense may waive the
requirement in subsection (a) upon certification to Congress that
the waiver is required in the national security interests of the
United States."

PROGRAMMING LANGUAGE FOR DEPARTMENT OF DEFENSE SOFTWARE
Pub. L. 102-396, title IX, Sec. 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, Sec. 8073, Nov. 26, 1991, 105 Stat.
1188.
Pub. L. 101-511, title VIII, Sec. 8092, Nov. 5, 1990, 104 Stat.
1896.

CONTRIBUTIONS BY JAPAN TO SUPPORT OF UNITED STATES FORCES IN JAPAN
Pub. L. 101-511, title VIII, Sec. 8105, Nov. 5, 1990, 104 Stat.
1902, as amended by Pub. L. 102-190, div. A, title X, Sec. 1063(b),
Dec. 5, 1991, 105 Stat. 1476, provided that:
"(a) Permanent Ceiling on United States Armed Forces in Japan. -
After September 30, 1990, funds appropriated pursuant to an
appropriation contained in this Act or any subsequent Act may not
be used to support an end strength level of all personnel of the
Armed Forces of the United States stationed in Japan at any level
in excess of 50,000.
"(b) Annual Reduction in Ceiling Unless Support Furnished. -
Unless the President certifies to Congress before the end of each
fiscal year that Japan has agreed to offset for that fiscal year
the direct costs incurred by the United States related to the
presence of all United States military personnel in Japan,
excluding the military personnel title costs, the end strength
level for that fiscal year of all personnel of the Armed Forces of
the United States stationed in Japan may not exceed the number that
is 5,000 less than such end strength level for the preceding fiscal
year.
"(c) Sense of Congress. - It is the sense of Congress that all
those countries that share the benefits of international security
and stability should share in the responsibility for that stability
and security commensurate with their national capabilities. The
Congress also recognizes that Japan has made a substantial pledge
of financial support to the effort to support the United Nations
Security Council resolutions on Iraq. The Congress also recognizes
that Japan has a greater economic capability to contribute to
international security and stability than any other member of the
international community and wishes to encourage Japan to contribute
commensurate with that capability.
"(d) Exceptions. - (1) This section shall not apply in the event
of a declaration of war or an armed attack on Japan.
"(2) The President may waive the limitation in this section for
any fiscal year if he declares that it is in the national interest
to do so and immediately informs Congress of the waiver and the
reasons for the waiver.
"(e) Effective Date. - This section shall take effect on the date
of enactment of this Act [Nov. 5, 1990]."

Section 1455 of Pub. L. 101-510 provided that:
"(a) Purpose. - It is the purpose of this section to require
Japan to offset the direct costs (other than pay and allowances for
United States military and civilian personnel) incurred by the
United States related to the presence of United States military
personnel in Japan.
"(b) Permanent Ceiling on United States Armed Forces in Japan. -
Funds appropriated pursuant to an authorization contained in this
Act or any subsequent Act may not be used to support an end
strength level of all personnel of the Armed Forces of the United
States stationed in Japan at any level in excess of 50,000.
"(c) Sense of Congress on Allied Burden Sharing. - (1) Congress
recognizes that Japan has made a substantial pledge of financial
support to the effort to support the United Nations Security
Council resolutions on Iraq.
"(2) It is the sense of Congress that -
"(A) all countries that share the benefits of international
security and stability should, commensurate with their national
capabilities, share in the responsibility for maintaining that
security and stability; and
"(B) given the economic capability of Japan to contribute to
international security and stability, Japan should make
contributions commensurate with that capability.
"(d) Negotiations. - At the earliest possible date after the date
of the enactment of this Act [Nov. 5, 1990], the President shall
enter into negotiations with Japan for the purpose of achieving an
agreement before September 30, 1991, under which Japan offsets all
direct costs (other than pay and allowances for United States
military and civilian personnel) incurred by the United States
related to the presence of all United States military personnel
stationed in Japan.
"(e) Exceptions. - (1) This section shall not apply in the event
of a declaration of war or an armed attack on Japan.
"(2) This section may be waived by the President if the President
-
"(A) declares an emergency or determines that such a waiver is
required by the national security interests of the United States;
and
"(B) immediately informs the Congress of the waiver and the
reasons for the waiver."

NATIONAL MILITARY STRATEGY REPORTS
Pub. L. 101-510, div. A, title IX, Sec. 901, Nov. 5, 1990, 104
Stat. 1619, directed the Secretary of Defense to submit, with the
Secretary's annual report to Congress during each of fiscal years
1992, 1993, and 1994, a report covering a period of at least ten
years addressing threats facing the United States and strategic
military plans to aid in the achievement of national objectives.

ANNUAL REPORT ON BALANCED TECHNOLOGY INITIATIVE
Section 211(e) of Pub. L. 101-189, which required Secretary of
Defense to submit annual report to congressional defense committees
on Balanced Technology Initiative, was repealed by Pub. L. 104-106,
div. A, title X, Sec. 1061(l), Feb. 10, 1996, 110 Stat. 443.

MILITARY RELOCATION ASSISTANCE PROGRAMS
Section 661 of Pub. L. 101-189, which related to establishment by
Secretary of Defense of programs to provide relocation assistance
to members of Armed Forces and their families, was repealed and
restated in section 1056 of this title by Pub. L. 101-510, div. A,
title XIV, Sec. 1481(c)(1), (3), Nov. 5, 1990, 104 Stat. 1705.

MILITARY CHILD CARE
Title XV of div. A of Pub. L. 101-189, which provided that such
title could be cited as the "Military Child Care Act of 1989", and
which related to funding for military child care for fiscal year
1990, child care employees, parent fees, child abuse prevention and
safety at facilities, parent partnerships with child development
centers, report on 5-year demand for child care, subsidies for
family home day care, early childhood education demonstration
program, and deadline for regulations, was repealed and restated in
subchapter II (Sec. 1791 et seq.) of chapter 88 of this title by
Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), (e)(2), Feb. 10,
1996, 110 Stat. 331, 336.

LEAD AGENCY FOR DETECTION OF TRANSIT OF ILLEGAL DRUGS
Section 1102 of Pub. L. 100-456, 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, Sec. 1202(a)(1), (b).

ANNUAL ASSESSMENT OF SECURITY AT UNITED STATES BASES IN PHILIPPINES
Section 1309 of Pub. L. 100-456 directed Secretary of Defense to
submit to Congress annual reports assessing security at United
States military facilities in Republic of Philippines, prior to
repeal by Pub. L. 102-484, div. A, title X, Sec. 1074, Oct. 23,
1992, 106 Stat. 2511.

DEPARTMENT OF DEFENSE OVERSEAS PERSONNEL; ACTIONS RESULTING IN MORE
BALANCED SHARING OF DEFENSE AND FOREIGN ASSISTANCE SPENDING BURDENS
BY UNITED STATES AND ALLIES; REPORTS TO CONGRESS; LIMITATION ON
ACTIVE DUTY ARMED FORCES MEMBERS IN JAPAN AND REPUBLIC OF KOREA
Pub. L. 100-463, title VIII, Sec. 8125, Oct. 1, 1988, 102 Stat.
2270-41, as amended by Pub. L. 101-189, div. A, title XVI, Sec.
1623, Nov. 29, 1989, 103 Stat. 1606; Pub. L. 103-236, title I, Sec.
162(j), Apr. 30, 1994, 108 Stat. 408; Pub. L. 104-106, div. A,
title XV, Sec. 1502(f)(1), Feb. 10, 1996, 110 Stat. 509; Pub. L.
106-65, div. A, title X, Sec. 1067(14), Oct. 5, 1999, 113 Stat.
775, provided that:
"(a)(1) Not later than March 1, 1989, the Secretary of Defense
shall submit to Congress a report on the assignment of military
missions among the member countries of North Atlantic Treaty
Organization (NATO) and on the prospects for the more effective
assignment of such missions among such countries.
"(2) The report shall include a discussion of the following:
"(A) The current assignment of military missions among the
member countries of NATO.
"(B) Military missions for which there is duplication of
capability or for which there is inadequate capability within the
current assignment of military missions within NATO.
"(C) Alternatives to the current assignment of military
missions that would maximize the military contributions of the
member countries of NATO.
"(D) Any efforts that are underway within NATO or between
individual member countries of NATO at the time the report is
submitted that are intended to result in a more effective
assignment of military missions within NATO.
"(b) The Secretary of Defense and the Secretary of State shall
(1) conduct a review of the long-term strategic interests of the
United States overseas and the future requirements for the
assignment of members of the Armed Forces of the United States to
permanent duty ashore outside the United States, and (2) determine
specific actions that, if taken, would result in a more balanced
sharing of defense and foreign assistance spending burdens by the
United States and its allies. Not later than August 1, 1989, the
Secretary of Defense and the Secretary of State shall transmit to
Congress a report containing the findings resulting from the review
and their determinations.
"[(c) Repealed. Pub. L. 103-236, title I, Sec. 162(j), Apr. 30,
1994, 108 Stat. 408.]
"(d) The President shall specify (separately by appropriation
account) in the Department of Defense items included in each budget
submitted to Congress under section 1105 of title 31, United States
Code, (1) the amounts necessary for payment of all personnel,
operations, maintenance, facilities, and support costs for
Department of Defense overseas military units, and (2) the costs
for all dependents who accompany Department of Defense personnel
outside the Unied [sic] States.
"(e) Not later than May 1, 1989, the Secretary of Defense shall
submit to the Committees on Armed Services and on Appropriations of
the Senate and the House of Representatives a report that sets
forth the total costs required to support the dependents who
accompany Department of Defense personnel assigned to permanent
duty overseas.
"(f) As of September 30 of each fiscal year, the number of
members of the Armed Forces on active duty assigned to permanent
duty ashore in Japan and the Republic of Korea may not exceed
94,450 (the number of members of the Armed Forces on active duty
assigned to permanent duty ashore in Japan and the Republic of
Korea on September 30, 1987). The limitation in the preceding
sentence may be increased if and when (1) a major reduction of
United States forces in the Republic of the Philippines is required
because of a loss of basing rights in that nation, and (2) the
President determines and certifies to Congress that, as a
consequence of such loss, an increase in United States forces
stationed in Japan and the Republic of Korea is necessary.
"(g)(1) After fiscal year 1990, budget submissions to Congress
under section 1105 of title 31, United States Code, shall identify
funds requested for Department of Defense personnel and units in
permanent duty stations ashore outside the United States that
exceed the amount of such costs incurred in fiscal year 1989 and
shall set forth a detailed description of (A) the types of
expenditures increased, by appropriation account, activity and
program; and (B) specific efforts to obtain allied host nations'
financing for these cost increases.
"(2) The Secretary of Defense shall notify in advance the
Committee on Appropriations and the Committee on Armed Services of
the Senate and the Committee on Appropriations and the Committee on
Armed Services of the House of Representatives, through existing
notification procedures, when costs of maintaining Department of
Defense personnel and units in permanent duty stations ashore
outside the United States will exceed the amounts as defined in the
Department of Defense budget as enacted for that fiscal year. Such
notification shall describe: (A) the type of expenditures that
increased; and (B) the source of funds (including prior year
unobligated balances) by appropriation account, activity and
program, proposed to finance these costs.
"(3) In computing the costs incurred for maintaining Department
of Defense personnel and forces in permanent duty stations ashore
outside the United States compared with the amount of such costs
incurred in fiscal year 1989, the Secretary shall -
"(A) exclude increased costs resulting from increases in the
rates of pay provided for members of the Armed Forces and
civilian employees of the United States Government and exclude
any cost increases in supplies and services resulting from
inflation; and
"(B) include (i) the costs of operation and maintenance and of
facilities for the support of Department of Defense overseas
personnel, and (ii) increased costs resulting from any decline in
the foreign exchange rate of the United States dollar.
"(h) The provisions of subsections (f) and (g) shall not apply in
time of war or during a national emergency declared by the
President or Congress.
"(i) In this section -
"(1) the term 'personnel' means members of the Armed Forces of
the United States and civilian employees of the Department of
Defense;
"(2) the term 'Department of Defense overseas personnel' means
those Department of Defense personnel who are assigned to
permanent duty ashore outside the United States; and
"(3) the term 'United States' includes the District of
Columbia, the Commonwealth of Puerto Rico, and the territories
and possessions of the United States."

ANNUAL REPORT ON COSTS OF STATIONING UNITED STATES TROOPS OVERSEAS
Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8042], Dec. 22,
1987, 101 Stat. 1329-43, 1329-69, which required Secretary of
Defense to submit annual report on full costs of stationing United
States troops overseas, etc., was repealed and restated in subsec.
(k) [now (j)] of this section by Pub. L. 100-370, Sec. 1(o).

REGULATIONS REGARDING EMPLOYMENT AND VOLUNTEER WORK OF SPOUSES OF
MILITARY PERSONNEL
Section 637 of Pub. L. 100-180 provided that: "Not later than 60
days after the date of the enactment of this Act [Dec. 4, 1987],
the Secretary of Defense shall prescribe regulations to establish
the policy that -
"(1) the decision by a spouse of a member of the Armed Forces
to be employed or to voluntarily participate in activities
relating to the Armed Forces should not be influenced by the
preferences or requirements of the Armed Forces; and
"(2) neither such decision nor the marital status of a member
of the Armed Forces should have an effect on the assignment or
promotion opportunities of the member."

TEST PROGRAM FOR REIMBURSEMENT FOR ADOPTION EXPENSES
Section 638 of Pub. L. 100-180, as amended by Pub. L. 101-189,
div. A, title VI, Sec. 662, Nov. 29, 1989, 103 Stat. 1465; Pub. L.
101-510, div. A, title XIV, Sec. 1484(l)(1), Nov. 5, 1990, 104
Stat. 1719, provided that the Secretary of Defense, with respect to
members of the Armed Forces, and the Secretary of Transportation,
with respect to members of the Coast Guard, were to carry out a
test program providing for reimbursement for qualifying adoption
expenses incurred by members of the Army, Navy, Air Force, or
Marine Corps for adoption proceedings inititated after September
30, 1987, and before October 1, 1990, and for qualifying adoption
expenses incurred by members of the Coast Guard for adoption
proceedings inititated after September 30, 1989, and before October
1, 1990.

COUNTERINTELLIGENCE POLYGRAPH PROGRAM
Pub. L. 100-180, div. A, title XI, Sec. 1121, Dec. 4, 1987, 101
Stat. 1147, as amended by Pub. L. 105-85, div. A, title X, Sec.
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, Sec.
1041(a)(1),(b), Nov. 24, 2003, 117 Stat. 1607, 1608.

COORDINATION OF PERMANENT CHANGE OF STATION MOVES WITH SCHOOL YEAR
Pub. L. 99-661, div. A, title VI, Sec. 612, Nov. 14, 1986, 100
Stat. 3878, provided that: "The Secretary of each military
department shall establish procedures to ensure that, to the
maximum extent practicable within operational and other military
requirements, permanent change of station moves for members of the
Armed Forces under the jurisdiction of the Secretary who have
dependents in elementary or secondary school occur at times that
avoid disruption of the school schedules of such dependents."

COMPARABLE BUDGETING FOR SIMILAR SYSTEMS
Pub. L. 99-500, Sec. 101(c) [title X, Sec. 955], Oct. 18, 1986,
100 Stat. 1783-82, 1783-173, and Pub. L. 99-591, Sec. 101(c) [title
X, Sec. 955], Oct. 30, 1986, 100 Stat. 3341-82, 3341-173; Pub. L.
99-661, div. A, title IX, formerly title IV, Sec. 955, Nov. 14,
1986, 100 Stat. 3953, renumbered title IX, Pub. L. 100-26, Sec.
3(5), Apr. 21, 1987, 101 Stat. 273, which provided that in
preparing the defense budget for any fiscal year, the Secretary of
Defense was to specifically identify each common procurement weapon
system included in the budget, take all feasible steps to minimize
variations in procurement unit costs for any such system as shown
in the budget requests of the different armed forces requesting
procurement funds for the system, and identify and justify in the
budget all such variations in procurement unit costs for common
procurement weapon systems, and that the Secretary of Defense carry
out this section through the Assistant Secretary of Defense
(Comptroller), was repealed and restated in section 2217 of this
title by Pub. L. 100-370, Sec. 1(d)(3).

ANNUAL REPORT TO CONGRESS ON IMPLEMENTATION OF JOINT OFFICER
PERSONNEL POLICY
Pub. L. 99-433, title IV, Sec. 405, Oct. 1, 1986, 100 Stat. 1032,
required the Secretary of Defense to include in the Secretary's
annual report to Congress under subsec. (c) of this section for
each year from 1987 through 1991 a detailed report on the
implementation of title IV of Pub. L. 99-433.

INITIAL REPORT TO CONGRESS
Pub. L. 99-433, title IV, Sec. 406(g), Oct. 1, 1986, 100 Stat.
1034, required that the first report submitted by the Secretary of
Defense under subsec. (c) of this section after Oct. 1, 1986, would
contain as much of the information required by section 667 of this
title as had been available to the Secretary at the time of its
preparation.

SECURITY AT MILITARY BASES ABROAD
Pub. L. 99-399, title XI, Aug. 27, 1986, 100 Stat. 894, directed
the Secretary of Defense to report to Congress not later than June
30, 1987, on actions taken to review the security of each base and
installation of the Department of Defense outside the United
States, to improve the security of such bases and installations,
and to institute a training program for members of the Armed Forces
stationed outside the United States and their families concerning
security and antiterrorism.

SURCHARGE FOR SALES BY ANIMAL DISEASE PREVENTION AND CONTROL
CENTERS; FEE FOR VETERINARY SERVICES
Pub. L. 99-145, title VI, Sec. 685(a), (b), (d), Nov. 8, 1985, 99
Stat. 666, provided that:
"(a) Required Surcharge. - The Secretary of Defense shall require
that each time a sale is recorded at a military animal disease
prevention and control center the person to whom the sale is made
shall be charged a surcharge of $2.
"(b) Deposit of Receipts in Treasury. - Amounts received from
surcharges under this section shall be deposited in the Treasury in
accordance with section 3302 of title 31."
"(d) Effective Date. - This section shall take effect on October
1, 1985."
Pub. L. 98-94, title X, Sec. 1033, Sept. 24, 1983, 97 Stat. 672,
as amended by Pub. L. 98-525, title VI, Sec. 656, Oct. 19, 1984, 98
Stat. 2553, effective Oct. 1, 1985, required payment by a member of
the Armed Forces of a $10 fee for veterinary services, prior to
repeal by Pub. L. 99-145, title VI, Sec. 685(c), (d), Nov. 8, 1985,
99 Stat. 666, effective Oct. 1, 1985.

MILITARY FAMILY POLICY AND PROGRAMS
Pub. L. 99-145, title VIII, Nov. 8, 1985, 99 Stat. 678, as
amended by Pub. L. 99-661, div. A, title VI, Sec. 653, Nov. 14,
1986, 100 Stat. 3890; Pub. L. 100-180, div. A, title VI, Sec. 635,
Dec. 4, 1987, 101 Stat. 1106; Pub. L. 100-456, div. A, title V,
Sec. 524, Sept. 29, 1988, 102 Stat. 1975, which provided that such
title could be cited as the "Military Family Act of 1985", and
which related to Office of Family Policy, transfer of Military
Family Resource Center, surveys of military families, family
members serving on advisory committees, employment opportunities
for military spouses, youth sponsorship program, dependent student
travel within United States, relocation and housing, food programs,
reporting of child abuse, miscellaneous reporting requirements, and
effective date, was repealed and restated in subchapter I (Sec.
1781 et seq.) of chapter 88 of this title by Pub. L. 104-106, div.
A, title V, Sec. 568(a)(1), (e)(1), Feb. 10, 1996, 110 Stat. 329,
336.

ACADEMIC INSTITUTIONS ELIGIBLE TO PROVIDE EDUCATIONAL SERVICES;
PROHIBITION OF CERTAIN RESTRICTIONS
Pub. L. 99-145, title XII, Sec. 1212, Nov. 8, 1985, 99 Stat. 726,
as amended by Pub. L. 101-189, div. A, title V, Sec. 518, Nov. 29,
1989, 103 Stat. 1443, provided that:
"(a) No solicitation, contract, or agreement for the provision of
off-duty postsecondary education services for members of the Armed
Forces of the United States, civilian employees of the Department
of Defense, or the dependents of such members or employees may
discriminate against or preclude any accredited academic
institution authorized to award one or more associate degrees from
offering courses within its lawful scope of authority solely on the
basis of such institution's lack of authority to award a
baccalaureate degree.
"(b) No solicitation, contract, or agreement for the provision of
off-duty postsecondary education services for members of the Armed
Forces of the United States, civilian employees of the Department
of Defense, or the dependents of such members or employees, other
than those for services at the graduate or postgraduate level, may
limit the offering of such services or any group, category, or
level of courses to a single academic institution. However, nothing
in this section shall prohibit such actions taken in accordance
with regulations of the Secretary of Defense which are uniform for
all armed services as may be necessary to avoid unnecessary
duplication of offerings, consistent with the purpose of this
provision of ensuring the availability of alternative offerors of
such services to the maximum extent feasible.
"(c)(1) The Secretary of Defense shall conduct a study to
determine the current and future needs of members of the Armed
Forces, civilian employees of the Department of Defense, and the
dependents of such members and employees for postsecondary
education services at overseas locations. The Secretary shall
determine on the basis of the results of that study whether the
policies and procedures of the Department in effect on the date of
the enactment of the Department of Defense Authorization Act for
Fiscal Years 1990 and 1991 [probably means date of enactment of
Pub. L. 101-189, Nov. 29, 1989] with respect to the procurement of
such services are -
"(A) consistent with the provisions of subsections (a) and (b);
"(B) adequate to ensure the recipients of such services the
benefit of a choice in the offering of such services; and
"(C) adequate to ensure that persons stationed at
geographically isolated military installations or at
installations with small complements of military personnel are
adequately served.
The Secretary shall complete the study in such time as necessary to
enable the Secretary to submit the report required by paragraph
(2)(A) by the deadline specified in that paragraph.
"(2)(A) The Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on
the results of the study referred to in paragraph (1), together
with a copy of any revisions in policies and procedures made as a
result of such study. The report shall be submitted not later than
March 1, 1990.
"(B) The Secretary shall include in the report an explanation of
how determinations are made with regard to -
"(i) affording members, employees, and dependents a choice in
the offering of courses of postsecondary education; and
"(ii) whether the services provided under a contract for such
services should be limited to an installation, theater, or other
geographic area.
"(3)(A) Except as provided in subparagraph (B), no contract for
the provision of services referred to in subsection (a) may be
awarded, and no contract or agreement entered into before the date
of the enactment of this paragraph [Nov. 29, 1989] may be renewed
or extended on or after such date, until the end of the 60-day
period beginning on the date on which the report referred to in
paragraph (2)(A) is received by the committees named in that
paragraph.
"(B) A contract or an agreement in effect on October 1, 1989, for
the provision of postsecondary education services in the European
Theater for members of the Armed Forces, civilian employees of the
Department of Defense, and the dependents of such members and
employees may be renewed or extended without regard to the
limitation in subparagraph (A).
"(C) In the case of a contract for services with respect to which
a solicitation is pending on the date of the enactment of this
paragraph [Nov. 29, 1989], the contract may be awarded -
"(i) on the basis of the solicitation as issued before the date
of the enactment of this paragraph;
"(ii) on the basis of the solicitation issued before the date
of the enactment of this paragraph modified so as to conform to
any changes in policies and procedures the Secretary determines
should be made as a result of the study required under paragraph
(1); or
"(iii) on the basis of a new solicitation.
"(d) Nothing in this section shall be construed to require more
than one academic institution to be authorized to offer courses
aboard a particular naval vessel."

REPORT OF UNOBLIGATED BALANCES
Pub. L. 99-145, title XIV, Sec. 1407, Nov. 8, 1985, 99 Stat. 745,
required reports on unobligated balances, prior to repeal by Pub.
L. 99-661, div. A, title XIII, Sec. 1307(b), Nov. 14, 1986, 100
Stat. 3981. See section 2215 of this title.

DEFENSE INDUSTRIAL BASE FOR TEXTILE AND APPAREL PRODUCTS
Pub. L. 99-145, title XIV, Sec. 1456, Nov. 8, 1985, 99 Stat. 762,
which directed Secretary of Defense to monitor capability of
domestic textile and apparel industrial base to support defense
mobilization requirements and to make annual reports to Congress on
status of such industrial base, was repealed and restated in
section 2510 of this title by Pub. L. 101-510, Sec. 826(a)(1), (b).

HOTLINE BETWEEN UNITED STATES AND SOVIET UNION
Pub. L. 99-85, Aug. 8, 1985, 99 Stat. 286, as amended by Pub. L.
103-199, title IV, Sec. 404(a), Dec. 17, 1993, 107 Stat. 2325,
provided: "That the Secretary of Defense may provide to Russia, as
provided in the Exchange of Notes Between the United States of
America and the Union of Soviet Socialist Republics Concerning the
Direct Communications Link Upgrade, concluded on July 17, 1984,
such equipment and services as may be necessary to upgrade or
maintain the Russian part of the Direct Communications Link agreed
to in the Memorandum of Understanding between the United States and
the Soviet Union signed June 20, 1963. The Secretary shall provide
such equipment and services to Russia at the cost thereof to the
United States.
"Sec. 2. (a) The Secretary of Defense may use any funds available
to the Department of Defense for the procurement of the equipment
and providing the services referred to in the first section.
"(b) Funds received from Russia as payment for such equipment and
services shall be credited to the appropriate account of Department
of Defense."
[Pub. L. 103-199, title IV, Sec. 404(b), Dec. 17, 1993, 107 Stat.
2325, provided that: "The amendment made by subsection (a)(2)
[amending section 2(b) of Pub. L. 99-85, set out above] does not
affect the applicability of section 2(b) of that joint resolution
to funds received from the Soviet Union."]

CONSOLIDATION OF FUNCTIONS OF MILITARY TRANSPORTATION COMMANDS
PROHIBITED
Pub. L. 97-252, title XI, Sec. 1110, Sept. 8, 1982, 96 Stat. 747,
provided that none of funds appropriated pursuant to an
authorization of appropriations could be used for purpose of
consolidating any functions being performed on Sept. 8, 1982, by
Military Traffic Management Command of Army, Military Sealift
Command of Navy, or Military Airlift Command of Air Force with any
function being performed on such date by either or both of the
other commands, prior to repeal by Pub. L. 99-433, title II, Sec.
213(a), Oct. 1, 1986, 100 Stat. 1018.

REPORTS TO CONGRESS ON RECOMMENDATIONS WITH RESPECT TO ELIMINATION
OF WASTE, FRAUD, ABUSE, AND MISMANAGEMENT IN DEPARTMENT OF DEFENSE
Pub. L. 97-86, title IX, Sec. 918, Dec. 1, 1981, 95 Stat. 1132,
directed Secretary of Defense, not later than Jan. 15, 1982 and
1983, to submit to Congress reports containing recommendations to
improve efficiency and management of, and to eliminate waste,
fraud, abuse, and mismanagement in, operation of Department of
Defense, and to include each recommendation by Comptroller General
since Jan. 1, 1979, for elimination of waste, fraud, abuse, or
mismanagement in Department of Defense with a statement as to which
have been adopted and, to extent practicable actual and projected
cost savings from each, and which have not been adopted and, to
extent practicable, projected cost savings from each and an
explanation of why each such recommendation was not adopted.

MILITARY INSTALLATIONS TO BE CLOSED IN UNITED STATES, GUAM, OR
PUERTO RICO; STUDIES TO DETERMINE POTENTIAL USE
Pub. L. 94-431, title VI, Sec. 610, Sept. 30, 1976, 90 Stat.
1365, authorized Secretary of Defense to conduct studies with
regard to possible use of military installations being closed and
to make recommendations with regard to such installations, prior to
repeal by Pub. L. 97-86, title IX, Sec. 912(b), Dec. 1, 1981, 95
Stat. 1123. See section 2391 of this title.

REPORTS TO CONGRESSIONAL COMMITTEES ON FOREIGN POLICY AND MILITARY
FORCE STRUCTURE
Pub. L. 94-106, title VIII, Sec. 812, Oct. 7, 1975, 89 Stat. 540,
which directed Secretary of Defense, after consultation with
Secretary of State, to prepare and submit not later than January 31
of each year to Committees on Armed Services of Senate and House of
Representatives a written annual report on foreign policy and
military force structure of United States for next fiscal year, how
such policy and force structure relate to each other, and
justification for each, was repealed and restated as subsec. (e) of
section 133 [now Sec. 113] of this title by Pub. L. 97-295, Secs.
1(1), 6(b).

REPORT TO CONGRESS ON SALE OR TRANSFER OF DEFENSE ARTICLES
Pub. L. 94-106, title VIII, Sec. 813, Oct. 7, 1975, 89 Stat. 540,
as amended by Pub. L. 95-79, title VIII, Sec. 814, July 30, 1977,
91 Stat. 337; Pub. L. 97-252, title XI, Sec. 1104, Sept. 8, 1982,
96 Stat. 739, which directed Secretary of Defense to report to
Congress on any letter proposing to transfer $50,000,000 or more of
defense articles, detailing impact of such a sale on readiness,
adequacy of price for replacement, and armed forces needs and
supply for each article, was repealed and restated as section 133b
(renumbered Sec. 118 and repealed) of this title by Pub. L. 97-295,
Secs. 1(2)(A), 6(b).

PROCUREMENT OF AIRCRAFT, MISSILES, NAVAL VESSELS, TRACKED COMBAT
VEHICLES, AND OTHER WEAPONS; AUTHORIZATION OF APPROPRIATIONS FOR
PROCUREMENT, RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
ACTIVITIES; SELECTED RESERVE OF RESERVE COMPONENTS: ANNUAL
AUTHORIZATION OF PERSONNEL STRENGTH
Section 412 of Pub. L. 86-149, title IV, Aug. 10, 1959, 73 Stat.
322, as amended by Pub. L. 87-436, Sec. 2, Apr. 27, 1962, 76 Stat.
55; Pub. L. 88-174, title VI, Sec. 610, Nov. 7, 1963, 77 Stat. 329;
Pub. L. 89-37, title III, Sec. 304, June 11, 1965, 79 Stat. 128;
Pub. L. 90-168, Sec. 6, Dec. 1, 1967, 81 Stat. 526; Pub. L. 91-121,
title IV, Sec. 405, Nov. 19, 1969, 83 Stat. 207; Pub. L. 91-441,
title V, Secs. 505, 509, Oct. 7, 1970, 84 Stat. 912, 913; Pub. L.
92-129, title VII, Sec. 701, Sept. 28, 1971, 85 Stat. 362; Pub. L.
92-436, title III, Sec. 302, title VI, Sec. 604, Sept. 26, 1972, 86
Stat. 736, 739, was repealed by Pub. L. 93-155, title VIII, Sec.
803(b)(1), Nov. 16, 1973, 87 Stat. 615. See sections 114 to 116 of
this title.

-EXEC-
EX. ORD. NO. 12765. DELEGATION OF CERTAIN DEFENSE RELATED
AUTHORITIES OF PRESIDENT TO SECRETARY OF DEFENSE
Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 27401, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 301
of title 3 of the United States Code, and my authority as Commander
in Chief of the Armed Forces of the United States, it is hereby
ordered as follows:
Section 1. The Secretary of Defense is hereby designated and
empowered, without the approval, ratification, or other action by
the President, to exercise the authority vested in the President by
section 749 of title 10 of the United States Code to assign the
command without regard to rank in grade to any commissioned officer
otherwise eligible to command when two or more commissioned
officers of the same grade or corresponding grades are assigned to
the same area, field command, or organization.
Sec. 2. The Secretary of Defense is hereby designated and
empowered, without the approval, ratification, or other action by
the President, to exercise the authority vested in the President by
section 7299a(a) of title 10 of the United States Code to direct
that combatant vessels and escort vessels be constructed in a Navy
or private yard, as the case may be, if the requirement of the Act
of March 27, 1934 (ch. 95, 48 Stat. 503) that the first and each
succeeding alternate vessel of the same class be constructed in a
Navy yard is inconsistent with the public interest.
Sec. 3. For vessels, and for any major component of the hull or
superstructure of vessels to be constructed or repaired for any of
the armed forces, the Secretary of Defense is hereby designated and
empowered, without the approval, ratification, or other action by
the President, to exercise the authority vested in the President by
section 7309(b) of title 10 of the United States Code to authorize
exceptions to the prohibition in section 7309(a) of title 10 of the
United States Code. Such exceptions shall be based on a
determination that it is in the national security interest of the
United States to authorize an exception. The Secretary of Defense
shall transmit notice of any such determination to the Congress, as
required by section 7309(b).
Sec. 4. The Secretary of Defense may redelegate the authority
delegated to him by this order, in accordance with applicable law.
Sec. 5. This order shall be effective immediately.
George Bush.

WAIVER OF LIMITATION WITH RESPECT TO END STRENGTH LEVEL OF U.S.
ARMED FORCES IN JAPAN FOR FISCAL YEAR 1991
Memorandum of the President of the United States, May 14, 1991,
56 F.R. 23991, provided:
Memorandum for the Secretary of Defense
Consistent with section 8105(d)(2) of the Department of Defense
Appropriation Act, 1991 (Public Law 101-511; 104 Stat. 1856) [set
out above], I hereby waive the limitation in section 8105(b) which
states that the end strength level for each fiscal year of all
personnel of the Armed Forces of the United States stationed in
Japan may not exceed the number that is 5,000 less than such end
strength level for the preceding fiscal year, and declare that it
is in the national interest to do so.
You are authorized and directed to inform the Congress of this
waiver and of the reasons for the waiver contained in the attached
justification, and to publish this memorandum in the Federal
Register.
George Bush.

-MISC3-
JUSTIFICATION PURSUANT TO SECTION 8105(D)(2) OF THE DEPARTMENT OF
DEFENSE APPROPRIATIONS ACT, 1991 (PUBLIC LAW NO. 101-511; 104 STAT.
1856)
In January of this year the Department of Defense signed a new
Host Nation Support Agreement with the Government of Japan in which
that government agreed to pay all utility and Japanese labor costs
incrementally over the next five years (worth $1.7 billion).
Because United States forward deployed forces stationed in Japan
have regional missions in addition to the defense of Japan, we did
not seek to have the Government of Japan offset all of the direct
costs incurred by the United States related to the presence of all
United States military personnel in Japan (excluding military
personnel title costs).

-FOOTNOTE-
(!1) So in original.

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