US (United States) Code. Title 10. Subtitle A. Part I. Chapter 3: General powers and functions

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 3 - GENERAL POWERS AND FUNCTIONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

.

-HEAD-

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-MISC1-

Sec.

121. Regulations.

122. Official registers.

123. Authority to suspend officer personnel laws during war or

national emergency.

123a. Suspension of end-strength limitations in time of war or

national emergency.

123b. Forces stationed abroad: limitation on number.

124. Detection and monitoring of aerial and maritime transit of

illegal drugs: Department of Defense to be lead agency.

125. Functions, powers, and duties: transfer, reassignment,

consolidation, or abolition.

126. Transfer of funds and employees.

127. Emergency and extraordinary expenses.

127a. Operations for which funds are not provided in advance:

funding mechanisms.

127b. Assistance in combating terrorism: rewards.

128. Physical protection of special nuclear material: limitation on

dissemination of unclassified information.

129. Prohibition of certain civilian personnel management

constraints.

129a. General personnel policy.

129b. Experts and consultants: authority to procure services of.

129c. Medical personnel: limitations on reductions.

130. Authority to withhold from public disclosure certain technical

data.

130a. Major Department of Defense headquarters activities

personnel: limitation.

130b. Personnel in overseas, sensitive, or routinely deployable

units: nondisclosure of personally identifying information.

130c. Nondisclosure of information: certain sensitive information

of foreign governments and international organizations.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title X, Sec. 1065(b), Dec. 2,

2002, 116 Stat. 2656, added item 127b.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1073(b)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-280, added item 130c.

1999 - Pub. L. 106-65, div. A, title IX, Sec. 921(a)(2), title

X, Sec. 1044(b), Oct. 5, 1999, 113 Stat. 723, 762, substituted

''Major Department of Defense headquarters activities personnel:

limitation'' for ''Management headquarters and headquarters support

activities personnel: limitation'' in item 130a and added item

130b.

1997 - Pub. L. 105-85, div. A, title IX, Sec. 911(a)(2), Nov.

18, 1997, 111 Stat. 1858, added item 130a.

1996 - Pub. L. 104-106, div. A, title XV, Sec. 1504(a)(8), Feb.

10, 1996, 110 Stat. 513, made technical correction to directory

language of Pub. L. 103-337, Sec. 1312(a)(2). See 1994 Amendment

note below.

Pub. L. 104-106, div. A, title V, Sec. 564(a)(2), title X, Sec.

1003(a)(2), Feb. 10, 1996, 110 Stat. 326, 417, substituted

''Operations for which funds are not provided in advance: funding

mechanisms'' for ''Expenses for contingency operations'' in item

127a and added item 129c.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1671(b)(2), Oct.

5, 1994, 108 Stat. 3013, added item 123 and struck out former item

123 ''Suspension of certain provisions of law relating to reserve

commissioned officers''.

Pub. L. 103-337, div. A, title XIII, Sec. 1312(a)(2), Oct. 5,

1994, 108 Stat. 2894, as amended by Pub. L. 104-106, div. A, title

XV, Sec. 1504(a)(8), Feb. 10, 1996, 110 Stat. 513, added item 123b.

1993 - Pub. L. 103-160, div. A, title XI, Sec. 1108(a)(2), Nov.

30, 1993, 107 Stat. 1752, added item 127a.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1481(b)(2),

1483(c)(2), Nov. 5, 1990, 104 Stat. 1705, 1715, added items 123a,

129a, and 129b.

1989 - Pub. L. 101-189, div. A, title XII, Sec. 1202(a)(2), Nov.

29, 1989, 103 Stat. 1563, added item 124.

1987 - Pub. L. 100-180, div. A, title XI, Sec. 1123(b), Dec. 4,

1987, 101 Stat. 1150, added item 128.

Pub. L. 100-26, Sec. 9(b)(1), Apr. 21, 1987, 101 Stat. 287,

struck out item 128 ''Funds transfers for foreign cryptologic

support''.

1986 - Pub. L. 99-433, title I, Sec. 110(c)(2), (e)(1), title II,

Sec. 211(c)(2), Oct. 1, 1986, 100 Stat. 1002, 1003, 1017, inserted

''and Functions'' after ''General Powers'' in chapter heading,

struck out item 124 ''Combatant commands: establishment;

composition; functions; administration and support'', and added

items 127 to 130.

1962 - Pub. L. 87-651, title II, Sec. 201(b), Sept. 7, 1962, 76

Stat. 517, added items 124 to 126.

1958 - Pub. L. 85-861, Sec. 1(2)(B), Sept. 2, 1958, 72 Stat.

1437, added items 122 and 123.

-CITE-

10 USC Sec. 121 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 121. Regulations

-STATUTE-

The President may prescribe regulations to carry out his

functions, powers, and duties under this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 6.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

121 (No source). (No source).

-------------------------------

The revised section is inserted to make express the President's

general authority to issue regulations, which has been expressly

reflected in many laws and left to inference in the remainder.

-CITE-

10 USC Sec. 122 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 122. Official registers

-STATUTE-

The Secretary of a military department may have published,

annually or at such other times as he may designate, official

registers containing the names of, and other pertinent information

about, such regular and reserve officers of the armed forces under

his jurisdiction as he considers appropriate. The register may

also contain any other list that the Secretary considers

appropriate.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(2)(A), Sept. 2, 1958, 72 Stat. 1437.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

122 10 App.:20b. 34 July 24, 1956, ch.

App.:609. 677, Sec. 1, 70

Stat. 623.

-------------------------------

-CITE-

10 USC Sec. 123 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 123. Authority to suspend officer personnel laws during war or

national emergency

-STATUTE-

(a) In time of war, or of national emergency declared by Congress

or the President after November 30, 1980, the President may suspend

the operation of any provision of law relating to the promotion,

involuntary retirement, or separation of commissioned officers of

the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve. So

long as such war or national emergency continues, any such

suspension may be extended by the President.

(b) Any such suspension shall, if not sooner ended, end on the

last day of the two-year period beginning on the date on which the

suspension (or the last extension thereof) takes effect or on the

last day of the one-year period beginning on the date of the

termination of the war or national emergency, whichever occurs

first. With respect to the end of any such suspension, the

preceding sentence supersedes the provisions of title II of the

National Emergencies Act (50 U.S.C. 1621-1622) which provide that

powers or authorities exercised by reason of a national emergency

shall cease to be exercised after the date of the termination of

the emergency.

(c) If a provision of law pertaining to the promotion of reserve

officers is suspended under this section and if the Secretary of

Defense submits to Congress proposed legislation to adjust the

grades and dates of rank of reserve commissioned officers other

than commissioned warrant officers, such proposed legislation

shall, so far as practicable, be the same as that recommended for

adjusting the grades and dates of rank of officers of the regular

component of the armed force concerned.

(d) Upon the termination of a suspension made under the authority

of subsection (a) of a provision of law otherwise requiring the

separation or retirement of officers on active duty because of age,

length of service or length of service in grade, or failure of

selection for promotion, the Secretary concerned shall extend by up

to 90 days the otherwise required separation or retirement date of

any officer covered by the suspended provision whose separation or

retirement date, but for the suspension, would have been before the

date of the termination of the suspension or within 90 days after

the date of such termination.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(2)(A), Sept. 2, 1958, 72 Stat. 1437;

amended Pub. L. 86-559, Sec. 1(1), June 30, 1960, 74 Stat. 264;

Pub. L. 89-718, Sec. 1, Nov. 2, 1966, 80 Stat. 1115; Pub. L.

90-130, Sec. 1(1), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96-513,

title V, Sec. 501(3), 511(1), Dec. 12, 1980, 94 Stat. 2907, 2920;

Pub. L. 97-22, Sec. 10(b)(1), July 10, 1981, 95 Stat. 137; Pub. L.

103-337, div. A, title XVI, Sec. 1622(a), Oct. 5, 1994, 108 Stat.

2961; Pub. L. 104-106, div. A, title XV, Sec. 1501(c)(4), Feb. 10,

1996, 110 Stat. 498; Pub. L. 107-107, div. A, title V, Sec.

508(b), Dec. 28, 2001, 115 Stat. 1090.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

123 50:1199 (less Sept. 3, 1954, ch.

applicability to 1257, Sec. 209

National Guard). (less applicability

to National Guard),

68 Stat. 1152.

-------------------------------

In subsection (b), the words ''the same as'' are substituted for

the word ''comparable'', since any necessary differences in the

recommended legislation between Reserves and Regulars are fully

taken account of in the words ''So far as practicable''.

-REFTEXT-

REFERENCES IN TEXT

The National Emergencies Act, referred to in subsec. (b), is Pub.

L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of

the Act is classified generally to subchapter II (Sec. 1621 et

seq.) of chapter 34 of Title 50, War and National Defense. For

complete classification of this Act to the Code, see Short Title

note set out under section 1601 of Title 50 and Tables.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 644 of this title prior to repeal by Pub. L. 103-337, Sec.

1622(b).

AMENDMENTS

2001 - Subsec. (d). Pub. L. 107-107 added subsec. (d).

1996 - Subsec. (a). Pub. L. 104-106 struck out ''281, 592, 1002,

1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last

sentence),'' after ''armed force:'', ''5414, 5457, 5458, 5506,''

after ''3855,'', and ''8217, 8218, 8219,'' after ''6410,'' and

substituted ''8855, 10214, 12003, 12004, 12005, 12007, 12202,

12213(a) (second sentence), 12642, 12645, 12646, 12647, 12771,

12772, and 12773'' for ''and 8855''.

1994 - Pub. L. 103-337 substituted ''Authority to suspend officer

personnel laws during war or national emergency'' for ''Suspension

of certain provisions of law relating to reserve commissioned

officers'' as section catchline and amended text generally,

substituting subsecs. (a) to (c) for former subsecs. (a) and (b).

1981 - Subsec. (a). Pub. L. 97-22 struck out references to

sections 3494 and 8494.

1980 - Subsec. (a). Pub. L. 96-513 struck out references to

sections 3571, 3847, 5867, 8370, 8571, and 8847.

1967 - Subsec. (a). Pub. L. 90-130 struck out reference to

section 3391.

1966 - Subsec. (a). Pub. L. 89-718 struck out reference to

section 5907.

1960 - Subsec. (a). Pub. L. 86-559 inserted references to

sections 281, 3855, and 8855 and struck out references to sections

3841, 3842, 3849, 8841, 8842, and 8849.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Dec. 1, 1994, and as if

included as an amendment made by the Reserve Officer Personnel

Management Act, title XVI of Pub. L. 103-337, as originally

enacted.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by 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 1981 AMENDMENT

Section 10(b) of Pub. L. 97-22 provided that the amendment made

by that section is effective Sept. 15, 1981.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 501(3) of Pub. L. 96-513, striking out

references to sections 3571, 5867, and 8571, effective Sept. 15,

1981, and amendment by section 511(1) of Pub. L. 96-513, striking

out references to sections 3847, 8370, and 8847, effective Dec. 12,

1980, see section 701 of Pub. L. 96-513, set out as a note under

section 101 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968,

33 F.R. 841, set out as a note under section 301 of Title 3, The

President.

DELEGATION OF AUTHORITY

Authority of President under this section as invoked by sections

2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as

amended, delegated to Secretary of Defense by section 4 of Ex. Ord.

No. 13223, and authority of President under this section as invoked

by section 2 of Ex. Ord. No. 13223 delegated to Secretary of

Homeland Security by section 5 of Ex. Ord. No. 13223, set out as a

note under section 12302 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14317 of this title; title

37 section 909.

-CITE-

10 USC Sec. 123a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 123a. Suspension of end-strength limitations in time of war or

national emergency

-STATUTE-

(a) During War or National Emergency. - If at the end of any

fiscal year there is in effect a war or national emergency, the

President may waive any statutory end strength with respect to that

fiscal year. Any such waiver may be issued only for a statutory

end strength that is prescribed by law before the waiver is issued.

(b) Upon Termination of War or National Emergency. - Upon the

termination of a war or national emergency with respect to which

the President has exercised the authority provided by subsection

(a), the President may defer the effectiveness of any statutory end

strength with respect to the fiscal year during which the

termination occurs. Any such deferral may not extend beyond the

last day of the sixth month beginning after the date of such

termination.

(c) Statutory End Strength. - In this section, the term

''statutory end strength'' means any end-strength limitation with

respect to a fiscal year that is prescribed by law for any military

or civilian component of the armed forces or of the Department of

Defense.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XIV, Sec. 1483(b)(1), Nov.

5, 1990, 104 Stat. 1715; amended Pub. L. 107-107, div. A, title

IV, Sec. 421(b), Dec. 28, 2001, 115 Stat. 1076.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 115(b)(4) of this title, prior to repeal by Pub. L.

101-510, Sec. 1483(a).

AMENDMENTS

2001 - Pub. L. 107-107 amended text generally. Prior to

amendment, text read as follows: ''If at the end of any fiscal year

there is in effect a war or national emergency, the President may

defer the effectiveness of any end-strength limitation with respect

to that fiscal year prescribed by law for any military or civilian

component of the armed forces or of the Department of Defense. Any

such deferral may not extend beyond November 30 of the following

fiscal year.''

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under this section as invoked by sections

2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as

amended, delegated to Secretary of Defense by section 4 of Ex. Ord.

No. 13223, and authority of President under this section as invoked

by section 2 of Ex. Ord. No. 13223 delegated to Secretary of

Homeland Security by section 5 of Ex. Ord. No. 13223, set out as a

note under section 12302 of this title.

-CITE-

10 USC Sec. 123b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 123b. Forces stationed abroad: limitation on number

-STATUTE-

(a) End-Strength Limitation. - No funds appropriated to the

Department of Defense may be used to support a strength level of

members of the armed forces assigned to permanent duty ashore in

nations outside the United States at the end of any fiscal year at

a level in excess of 203,000.

(b) Exception for Wartime. - Subsection (a) does not apply in the

event of a declaration of war or an armed attack on any member

nation of the North Atlantic Treaty Organization, Japan, the

Republic of Korea, or any other ally of the United States.

(c) Presidential Waiver. - The President may waive the operation

of subsection (a) if the President declares an emergency. The

President shall immediately notify Congress of any such waiver.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XIII, Sec. 1312(a)(1), Oct.

5, 1994, 108 Stat. 2894.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 102-484, div. A, title XIII, Sec. 1302, Oct. 23, 1992, 106

Stat. 2545, which was set out as a note under section 113 of this

title, prior to repeal by Pub. L. 103-337, Sec. 1312(c).

EFFECTIVE DATE

Section 1312(b) of Pub. L. 103-337 provided that: ''Section 123b

of title 10, United States Code, as added by subsection (a), does

not apply with respect to a fiscal year before fiscal year 1996.''

-CITE-

10 USC Sec. 124 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 124. Detection and monitoring of aerial and maritime transit

of illegal drugs: Department of Defense to be lead agency

-STATUTE-

(a) Lead Agency. - (1) The Department of Defense shall serve as

the single lead agency of the Federal Government for the detection

and monitoring of aerial and maritime transit of illegal drugs into

the United States.

(2) The responsibility conferred by paragraph (1) shall be

carried out in support of the counter-drug activities of Federal,

State, local, and foreign law enforcement agencies.

(b) Performance of Detection and Monitoring Function. - (1) To

carry out subsection (a), Department of Defense personnel may

operate equipment of the Department to intercept a vessel or an

aircraft detected outside the land area of the United States for

the purposes of -

(A) identifying and communicating with that vessel or aircraft;

and

(B) directing that vessel or aircraft to go to a location

designated by appropriate civilian officials.

(2) In cases in which a vessel or an aircraft is detected outside

the land area of the United States, Department of Defense personnel

may begin or continue pursuit of that vessel or aircraft over the

land area of the United States.

(c) United States Defined. - In this section, the term ''United

States'' means the land area of the several States and any

territory, commonwealth, or possession of the United States.

-SOURCE-

(Added Pub. L. 101-189, div. A, title XII, Sec. 1202(a)(1), Nov.

29, 1989, 103 Stat. 1563; amended Pub. L. 102-190, div. A, title

X, Sec. 1088(b), Dec. 5, 1991, 105 Stat. 1485.)

-MISC1-

PRIOR PROVISIONS

A prior section 124, added Pub. L. 87-651, title II, Sec. 201(a),

Sept. 7, 1962, 76 Stat. 514; amended Pub. L. 98-525, title XIII,

Sec. 1301(a), Oct. 19, 1984, 98 Stat. 2611; Pub. L. 99-145, title

XIII, Sec. 1303(a)(1), Nov. 8, 1985, 99 Stat. 738, related to

establishment, composition, and functions of combatant commands,

prior to repeal by Pub. L. 99-433, Sec. 211(c)(1). See section 161

et seq. of this title. Similar provisions were contained in Pub.

L. 100-456, div. A, title XI, Sec. 1102, Sept. 29, 1988, 102 Stat.

2042, which was set out as a note under section 113 of this title,

prior to repeal by Pub. L. 101-189, Sec. 1202(b).

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-190 designated existing

provisions as par. (1) and added par. (2).

CONDITION ON DEVELOPMENT OF FORWARD OPERATING LOCATIONS FOR UNITED

STATES SOUTHERN COMMAND COUNTER-DRUG DETECTION AND MONITORING

FLIGHTS

Pub. L. 106-65, div. A, title X, Sec. 1024, Oct. 5, 1999, 113

Stat. 748, provided that:

''(a) Condition. - Except as provided in subsection (b), none of

the funds appropriated or otherwise made available to the

Department of Defense for any fiscal year may be obligated or

expended for the purpose of improving the physical infrastructure

at any proposed forward operating location outside the United

States from which the United States Southern Command may conduct

counter-drug detection and monitoring flights until a formal

agreement regarding the extent and use of, and host nation support

for, the forward operating location is executed by both the host

nation and the United States.

''(b) Exception. - The limitation in subsection (a) does not

apply to an unspecified minor military construction project

authorized by section 2805 of title 10, United States Code.''

COUNTER-DRUG DETECTION AND MONITORING SYSTEMS PLAN

Pub. L. 102-484, div. A, title X, Sec. 1043, Oct. 23, 1992, 106

Stat. 2492, provided that:

''(a) Requirements of Detection and Monitoring Systems. - The

Secretary of Defense shall establish requirements for counter-drug

detection and monitoring systems to be used by the Department of

Defense in the performance of its mission under section 124(a) of

title 10, United States Code, as lead agency of the Federal

Government for the detection and monitoring of the transit of

illegal drugs into the United States. Such requirements shall be

designed -

''(1) to minimize unnecessary redundancy between counter-drug

detection and monitoring systems;

''(2) to grant priority to assets and technologies of the

Department of Defense that are already in existence or that would

require little additional development to be available for use in

the performance of such mission;

''(3) to promote commonality and interoperability between

counter-drug detection and monitoring systems in a cost-effective

manner; and

''(4) to maximize the potential of using counter-drug detection

and monitoring systems for other defense missions whenever

practicable.

''(b) Evaluation of Systems. - The Secretary of Defense shall

identify and evaluate existing and proposed counter-drug detection

and monitoring systems in light of the requirements established

under subsection (a). In carrying out such evaluation, the

Secretary shall -

''(1) assess the capabilities, strengths, and weaknesses of

counter-drug detection and monitoring systems; and

''(2) determine the optimal and most cost-effective combination

of use of counter-drug detection and monitoring systems to carry

out activities relating to the reconnaissance, detection, and

monitoring of drug traffic.

''(c) Systems Plan. - Based on the results of the evaluation

under subsection (b), the Secretary of Defense shall prepare a plan

for the development, acquisition, and use of improved counter-drug

detection and monitoring systems by the Armed Forces. In developing

the plan, the Secretary shall also make every effort to determine

which counter-drug detection and monitoring systems should be

eliminated from the counter-drug program based on the results of

such evaluation. The plan shall include an estimate by the

Secretary of the full cost to implement the plan, including the

cost to develop, procure, operate, and maintain equipment used in

counter-drug detection and monitoring activities performed under

the plan and training and personnel costs associated with such

activities.

''(d) Report. - Not later than six months after the date of the

enactment of this Act (Oct. 23, 1992), the Secretary of Defense

shall submit to Congress a report on the requirements established

under subsection (a) and the results of the evaluation conducted

under subsection (b). The report shall include the plan prepared

under subsection (c).

''(e) Limitation on Obligation of Funds. - (1) Except as provided

in paragraph (2), none of the funds appropriated or otherwise made

available for the Department of Defense for fiscal year 1993

pursuant to an authorization of appropriations in this Act (see

Tables for classification) may be obligated or expended for the

procurement or upgrading of a counter-drug detection and monitoring

system, for research and development with respect to such a system,

or for the lease or rental of such a system until after the date on

which the Secretary of Defense submits to Congress the report

required under subsection (d).

''(2) Paragraph (1) shall not prohibit obligations or

expenditures of funds for -

''(A) any procurement, upgrading, research and development, or

lease of a counter-drug detection and monitoring system that is

necessary to carry out the evaluation required under subsection

(b); or

''(B) the operation and maintenance of counter-drug detection

and monitoring systems used by the Department of Defense as of

the date of the enactment of this Act.

''(f) Definition. - For purposes of this section, the term

'counter-drug detection and monitoring systems' means land-, air-,

and sea-based detection and monitoring systems suitable for use by

the Department of Defense in the performance of its mission -

''(1) under section 124(a) of title 10, United States Code, as

lead agency of the Federal Government for the detection and

monitoring of the aerial and maritime transit of illegal drugs

into the United States; and

''(2) to provide support to law enforcement agencies in the

detection, monitoring, and communication of the movement of

traffic at, near, and outside the geographic boundaries of the

United States.''

INTEGRATION OF COMMUNICATIONS NETWORK

Section 1204(a) of Pub. L. 101-189 provided that:

''(1) The Secretary of Defense shall integrate into an effective

communications network the command, control, communications, and

technical intelligence assets of the United States that are

dedicated (in whole or in part) to the interdiction of illegal

drugs into the United States.

''(2) The Secretary shall carry out this subsection in

consultation with the Director of National Drug Control Policy.''

RESEARCH AND DEVELOPMENT

Section 1205 of Pub. L. 101-189 provided that: ''The Secretary of

Defense shall ensure that adequate research and development

activities of the Department of Defense, including research and

development activities of the Defense Advanced Research Projects

Agency, are devoted to technologies designed to improve -

''(1) the ability of the Department to carry out the detection

and monitoring function of the Department under section 124 of

title 10, United States Code, as added by section 1202; and

''(2) the ability to detect illicit drugs and other dangerous

and illegal substances that are concealed in containers.''

TRAINING EXERCISES IN DRUG-INTERDICTION AREAS

Section 1206 of Pub. L. 101-189 provided that:

''(a) Exercises Required. - The Secretary of Defense shall direct

that the armed forces, to the maximum extent practicable, shall

conduct military training exercises (including training exercises

conducted by the reserve components) in drug-interdiction areas.

''(b) Report. - (1) Not later than February 1 of 1991 and 1992,

the Secretary shall submit to Congress a report on the

implementation of subsection (a) during the preceding fiscal year.

''(2) The report shall include -

''(A) a description of the exercises conducted in

drug-interdiction areas and the effectiveness of those exercises

in the national counter-drug effort; and

''(B) a description of those additional actions that could be

taken (and an assessment of the results of those actions) if

additional funds were made available to the Department of Defense

for additional military training exercises in drug-interdiction

areas for the purpose of enhancing interdiction and deterrence of

drug smuggling.

''(c) Drug-Interdiction Areas Defined. - For purposes of this

section, the term 'drug-interdiction areas' includes land and sea

areas in which, as determined by the Secretary, the smuggling of

drugs into the United States occurs or is believed by the Secretary

to have occurred.''

-CITE-

10 USC Sec. 125 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 125. Functions, powers, and duties: transfer, reassignment,

consolidation, or abolition

-STATUTE-

(a) Subject to section 2 of the National Security Act of 1947 (50

U.S.C. 401), the Secretary of Defense shall take appropriate action

(including the transfer, reassignment, consolidation, or abolition

of any function, power, or duty) to provide more effective,

efficient, and economical administration and operation, and to

eliminate duplication, in the Department of Defense. However,

except as provided by subsections (b) and (c), a function, power,

or duty vested in the Department of Defense, or an officer,

official, or agency thereof, by law may not be substantially

transferred, reassigned, consolidated, or abolished.

(b) Notwithstanding subsection (a), if the President determines

it to be necessary because of hostilities or an imminent threat of

hostilities, any function, power, or duty vested by law in the

Department of Defense, or an officer, official, or agency thereof,

including one assigned to the Army, Navy, Air Force, or Marine

Corps by section 3062(b), 5062, 5063, or 8062(c) of this title, may

be transferred, reassigned, or consolidated. The transfer,

reassignment, or consolidation remains in effect until the

President determines that hostilities have terminated or that there

is no longer an imminent threat of hostilities, as the case may be.

(c) Notwithstanding subsection (a), the Secretary of Defense may

assign or reassign the development and operational use of new

weapons or weapons systems to one or more of the military

departments or one or more of the armed forces.

-SOURCE-

(Added Pub. L. 87-651, title II, Sec. 201(a), Sept. 7, 1962, 76

Stat. 515; amended Pub. L. 89-501, title IV, Sec. 401, July 13,

1966, 80 Stat. 278; Pub. L. 98-525, title XIV, Sec. 1405(1), Oct.

19, 1984, 98 Stat. 2621; Pub. L. 99-433, title I, Sec. 103, title

III, Sec. 301(b)(1), title V, Sec. 514(c)(1), Oct. 1, 1986, 100

Stat. 996, 1022, 1055; Pub. L. 101-510, div. A, title XIII, Sec.

1301(3), Nov. 5, 1990, 104 Stat. 1668.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

125(a) 125(b) 5:171a(c)(1), (2). July 26, 1947, ch.

125(c) 125(d) 5:171n(a) (as 343, Sec.

applicable to 202(c)(1), (2),

5:171a(c)(1)). (4), (5), (6);

5:171a(c)(5). added Aug. 10,

5:171n(a) (as 1949, ch. 412, Sec.

applicable to 5(3d, 4th, 6th,

5:171a(c)(5)). 7th, and 8th

5:171a(c)(4). pars.); restated

5:171a(c)(6). Aug. 6, 1958, Pub.

5:171n(a) (as L. 85-599, Sec.

applicable to 3(a), (1st, 2d,

5:171a(c)(6)). 5th, 6th, and 7th

pars.), 72 Stat.

514, 515.

July 26, 1947, ch.

343, Sec. 308(a)

(as applicable to

Sec. 202(c)(1),

(5), (6)), 61 Stat.

509.

-------------------------------

In subsection (a), the following substitutions are made: ''Except

as provided by subsections (b) and (c)'' for ''except as otherwise

provided in this subsection''; ''vested . . . by law'' for

''established by law to be performed by''; ''recommending'' for

''stating''; ''proposes'' for ''contemplates''; and ''the period''

for ''the thirty-day period or the forty-day period''. The words

''on the first day after'' are inserted for clarity. The words

''if carried out'' are omitted as surplusage.

In subsection (b), the words ''Notwithstanding subsection (a)''

are substituted for the words ''Notwithstanding other provisions of

this subsection''; and ''Unless the President determines

otherwise'' for ''subject to the determination of the President''.

In subsection (c), the following substitutions are made:

''Notwithstanding subsection (a)'' for ''Notwithstanding the

provisions of paragraph (1) hereof''; and ''armed forces'' for

''services''.

In subsection (d), the following substitutions are made: ''In

subsection (a) (1)'' for ''within the meaning of paragraph (1)

hereof''; and ''considers'' for ''deems''. The words ''advantageous

to the Government in terms of'' are omitted as surplusage.

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-510 struck out at end ''However,

notwithstanding any other provision of this title or any other law,

the Secretary of Defense shall not direct or approve a plan to

initiate or effect a substantial reduction or elimination of a

major weapons system until the Secretary of Defense has reported

all the pertinent details of the proposed action to the Congress of

the United States while the Congress is in session.''

1986 - Subsec. (a). Pub. L. 99-433, Sec. 103(1), struck out

provision under which the Secretary of Defense could substantially

transfer, reassign, consolidate, or abolish functions, powers, or

duties vested in the Department of Defense by law if the Secretary

reported the details of the proposed transfer, reassignment,

consolidation, or abolition to Congress and if Congress did not

affirmatively reject the proposal.

Subsec. (b). Pub. L. 99-433, Sec. 103(2), 514(c)(1), inserted

''vested by law in the Department of Defense, or an officer,

official, or agency thereof'' and substituted ''5062, 5063'' for

''5012, 5013''.

Subsec. (d). Pub. L. 99-433, Sec. 301(b)(1), struck out subsec.

(d) which read as follows: ''In subsection (a)(1), 'major combatant

function, power, or duty' does not include a supply or service

activity common to more than one military department. The

Secretary of Defense shall, whenever he determines it will be more

effective, economical, or efficient, provide for the performance of

such an activity by one agency or such other organizations as he

considers appropriate.''

1984 - Subsec. (a). Pub. L. 98-525 substituted ''section 2 of the

National Security Act of 1947 (50 U.S.C. 401)'' for ''section 401

of title 50''.

1966 - Subsec. (c). Pub. L. 89-501 required the Secretary of

Defense to report to the Congress all the pertinent details

regarding any substantial reduction or elimination of a major

weapons system before action could be initiated or effected by the

Department of Defense.

RESOLUTIONS RELATING TO TRANSFERS, REASSIGNMENTS, CONSOLIDATIONS,

OR ABOLITIONS OF COMBATANT FUNCTIONS

Section 303 of Pub. L. 87-651 provided that:

''(a) For the purposes of this section, any resolution reported

to the Senate or the House of Representatives pursuant to the

provisions of section 125 of title 10, United States Code, shall be

treated for the purpose of consideration by either House, in the

same manner as a resolution with respect to a reorganization plan

reported by a committee within the meaning of the Reorganization

Act of 1949 as in effect on July 1, 1958 (5 U.S.C. 133z and the

following) (63 Stat. 203; 71 Stat. 611), and shall be governed by

the provisions applicable to the consideration of any such

resolution by either House of the Congress as provided by sections

205 and 206 of that Act (63 Stat. 207).

''(b) The provisions of this section are enacted by the Congress

-

''(1) as an exercise of the rule-making power of the Senate and

the House of Representatives, respectively, and as such they

shall be considered as part of the rules of each House,

respectively, and supersede other rules only to the extent that

they are inconsistent therewith; and

''(2) with full recognition of the constitutional right of

either House to change the rules (as far as relating to the

procedure in that House) at any time, in the same manner and to

the same extent as in the case of any other rule of that House.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 113, 191 of this

title.

-CITE-

10 USC Sec. 126 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 126. Transfer of funds and employees

-STATUTE-

(a) When a function, power, or duty or an activity of a

department or agency of the Department of Defense is transferred or

assigned to another department or agency of that department,

balances of appropriations that the Secretary of Defense determines

are available and needed to finance or discharge that function,

power, duty, or activity, as the case may be, may, with the

approval of the President, be transferred to the department or

agency to which that function, power, duty or activity, as the case

may be, is transferred, and used for any purpose for which those

appropriations were originally available. Balances of

appropriations so transferred shall -

(1) be credited to any applicable appropriation account of the

receiving department or agency; or

(2) be credited to a new account that may be established on the

books of the Department of the Treasury;

and be merged with the funds already credited to that account and

accounted for as one fund. Balances of appropriations credited to

an account under clause (1) are subject only to such limitations as

are specifically applicable to that account. Balances of

appropriations credited to an account under clause (2) are subject

only to such limitations as are applicable to the appropriations

from which they are transferred.

(b) When a function, power, or duty or an activity of a

department or agency of the Department of Defense is transferred to

another department or agency of that department, those civilian

employees of the department or agency from which the transfer is

made that the Secretary of Defense determines are needed to perform

that function, power, or duty, or for that activity, as the case

may be, may, with the approval of the President, be transferred to

the department or agency to which that function, power, duty, or

activity, as the case may be, is transferred. The authorized

strength in civilian employees of a department or agency from which

employees are transferred under this section is reduced by the

number of employees so transferred. The authorized strength in

civilian employees of a department or agency to which employees are

transferred under this section is increased by the number of

employees so transferred.

-SOURCE-

(Added Pub. L. 87-651, title II, Sec. 201(a), Sept. 7, 1962, 76

Stat. 516; amended Pub. L. 96-513, title V, Sec. 511(2), Dec. 12,

1980, 94 Stat. 2920.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

126(a) 126(b) 5:172f(a). 5:171n(a) July 26, 1947, ch.

(as applicable to 343, Sec. 407;

5:172f(a)). 5:172f added Aug. 10,

(less (a)). 1949, ch. 412, Sec.

11 (21st and 22d

pars.), 63 Stat.

589.

July 26, 1947, ch.

343, Sec. 308(a)

(as applicable to

Sec. 407), 61 Stat.

509.

-------------------------------

In subsection (a), the words ''under authority of law'' are

omitted as surplusage. The following substitutions are made:

''needed'' for ''necessary''; ''used'' for ''be available for use

by''; and ''those appropriations'' for ''said funds''.

In subsection (b), 5 U.S.C. 172f(b) is restated to reflect more

clearly its purpose to authorize ''transfers of personnel'' (Senate

Report No. 366, 81st Congress, p. 23).

AMENDMENTS

1980 - Subsec. (b) Pub. L. 96-513 substituted ''President'' for

''Director of the Bureau of the Budget''.

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

Authority of President under subsec. (a) of this section to

approve transfers of balances of appropriations provided for

therein delegated to Director of Office of Management and Budget,

see section 9(2) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R.

13747, set out as a note under section 301 of Title 3, The

President.

-CITE-

10 USC Sec. 127 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 127. Emergency and extraordinary expenses

-STATUTE-

(a) Subject to the limitations of subsection (c), and within the

limitation of appropriations made for the purpose, the Secretary of

Defense, the Inspector General of the Department of Defense, and

the Secretary of a military department within his department, may

provide for any emergency or extraordinary expense which cannot be

anticipated or classified. When it is so provided in such an

appropriation, the funds may be spent on approval or authority of

the Secretary concerned or the Inspector General for any purpose he

determines to be proper, and such a determination is final and

conclusive upon the accounting officers of the United States. The

Secretary concerned or the Inspector General may certify the amount

of any such expenditure authorized by him that he considers

advisable not to specify, and his certificate is sufficient voucher

for the expenditure of that amount.

(b) The authority conferred by this section may be delegated by

the Secretary of Defense to any person in the Department of

Defense, by the Inspector General to any person in the Office of

the Inspector General, or by the Secretary of a military department

to any person within his department, with or without the authority

to make successive redelegations.

(c)(1) Funds may not be obligated or expended in an amount in

excess of $500,000 under the authority of subsection (a) or (b)

until the Secretary of Defense has notified 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 of the intent to obligate or expend

the funds, and -

(A) in the case of an obligation or expenditure in excess of

$1,000,000, 15 days have elapsed since the date of the

notification; or

(B) in the case of an obligation or expenditure in excess of

$500,000, but not in excess of $1,000,000, 5 days have elapsed

since the date of the notification.

(2) Subparagraph (A) or (B) of paragraph (1) shall not apply to

an obligation or expenditure of funds otherwise covered by such

subparagraph if the Secretary of Defense determines that the

national security objectives of the United States will be

compromised by the application of the subparagraph to the

obligation or expenditure. If the Secretary makes a determination

with respect to an obligation or expenditure under the preceding

sentence, the Secretary shall immediately notify the committees

referred to in paragraph (1) that such obligation or expenditure is

necessary and provide any relevant information (in classified form,

if necessary) jointly to the chairman and ranking minority member

(or their designees) of such committees.

(3) A notification under paragraph (1) and information referred

to in paragraph (2) shall include the amount to be obligated or

expended, as the case may be, and the purpose of the obligation or

expenditure.

(d) In any case in which funds are expended under the authority

of subsections (a) and (b), the Secretary of Defense shall submit a

report of such expenditures on a quarterly basis 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.

-SOURCE-

(Added Pub. L. 94-106, title VIII, Sec. 804(a), Oct. 7, 1975, 89

Stat. 538, Sec. 140; amended Pub. L. 98-94, title XII, Sec.

1268(2), Sept. 24, 1983, 97 Stat. 705; renumbered Sec. 127 and

amended Pub. L. 99-433, title I, Sec. 101(a)(3), 110(d)(4), Oct. 1,

1986, 100 Stat. 994, 1002; Pub. L. 103-160, div. A, title III,

Sec. 361, Nov. 30, 1993, 107 Stat. 1627; Pub. L. 103-337, div. A,

title III, Sec. 378, Oct. 5, 1994, 108 Stat. 2737; Pub. L. 104-106,

div. A, title IX, Sec. 915, title XV, Sec. 1502(a)(5), Feb. 10,

1996, 110 Stat. 413, 502; Pub. L. 106-65, div. A, title X, Sec.

1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsecs. (c)(1), (d). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (c). Pub. L. 104-106, Sec. 915(2), added subsec.

(c). Former subsec. (c) redesignated (d).

Pub. L. 104-106, Sec. 1502(a)(5), 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'' for ''Committees on Armed Services and

Appropriations of the Senate and''.

Subsec. (d). Pub. L. 104-106, Sec. 915(1), redesignated subsec.

(c), as amended by Pub. L. 104-106, Sec. 1502(a)(5), 1506, as (d).

1994 - Subsec. (c). Pub. L. 103-337 struck out par. (1)

designation before ''In any case'' and struck out par. (2) which

read as follows: ''The amount of funds expended by the Inspector

General of the Department of Defense under subsections (a) and (b)

during a fiscal year may not exceed $400,000.''

1993 - Subsec. (a). Pub. L. 103-160, Sec. 361(1), inserted '',

the Inspector General of the Department of Defense,'' after ''the

Secretary of Defense'' and ''or the Inspector General'' after ''the

Secretary concerned'' and after ''The Secretary concerned''.

Subsec. (b). Pub. L. 103-160, Sec. 361(2), inserted '', by the

Inspector General to any person in the Office of the Inspector

General,'' after ''the Department of Defense''.

Subsec. (c). Pub. L. 103-160, Sec. 361(3), designated existing

provisions as par. (1) and added par. (2).

1986 - Pub. L. 99-433 renumbered section 140 of this title as

this section and substituted ''Emergency'' for ''Emergencies'' in

section catchline.

1983 - Subsec. (a). Pub. L. 98-94 struck out ''of this section''

after ''subsection (c)''.

Subsec. (c). Pub. L. 98-94 struck out ''of this section'' after

''subsections (a) and (b)''.

CONSTRUCTION AUTHORITY OF SECRETARY OF DEFENSE UNDER DECLARATION OF

WAR OR NATIONAL EMERGENCY

Pub. L. 97-99, title IX, Sec. 903, Dec. 23, 1981, 95 Stat. 1382,

which authorized the Secretary of Defense, in the event of a

declaration of war or the declaration of a national emergency by

the President, to undertake military construction without regard to

any other provisions of law, was repealed and restated as section

2808 of this title by Pub. L. 97-214, Sec. 2(a), 7(18), July 12,

1982, 96 Stat. 157, 174, effective Oct. 1, 1982.

-CITE-

10 USC Sec. 127a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 127a. Operations for which funds are not provided in advance:

funding mechanisms

-STATUTE-

(a) In General. - (1) The Secretary of Defense shall use the

procedures prescribed by this section with respect to any operation

specified in paragraph (2) that involves -

(A) the deployment (other than for a training exercise) of

elements of the Armed Forces for a purpose other than a purpose

for which funds have been specifically provided in advance; or

(B) the provision of humanitarian assistance, disaster relief,

or support for law enforcement (including immigration control)

for which funds have not been specifically provided in advance.

(2) This section applies to -

(A) any operation the incremental cost of which is expected to

exceed $50,000,000; and

(B) any other operation the expected incremental cost of which,

when added to the expected incremental costs of other operations

that are currently ongoing, is expected to result in a cumulative

incremental cost of ongoing operations of the Department of

Defense in excess of $100,000,000.

Any operation the incremental cost of which is expected not to

exceed $10,000,000 shall be disregarded for the purposes of

subparagraph (B).

(3) Whenever an operation to which this section applies is

commenced or subsequently becomes covered by this section, the

Secretary of Defense shall designate and identify that operation

for the purposes of this section and shall promptly notify Congress

of that designation (and of the identification of the operation).

(4) This section does not provide authority for the President or

the Secretary of Defense to carry out any operation, but

establishes mechanisms for the Department of Defense by which funds

are provided for operations that the armed forces are required to

carry out under some other authority.

(b) Waiver of Requirement To Reimburse Support Units. - (1) The

Secretary of Defense shall direct that, when a unit of the Armed

Forces participating in an operation described in subsection (a)

receives services from an element of the Department of Defense that

operates through the Defense Business Operations Fund (or a

successor fund), such unit of the Armed Forces may not be required

to reimburse that element for the incremental costs incurred by

that element in providing such services, notwithstanding any other

provision of law or any Government accounting practice.

(2) The amounts which but for paragraph (1) would be required to

be reimbursed to an element of the Department of Defense (or a

fund) shall be recorded as an expense attributable to the operation

and shall be accounted for separately.

(c) Transfer Authority. - (1) Whenever there is an operation of

the Department of Defense described in subsection (a), the

Secretary of Defense may transfer amounts described in paragraph

(3) to accounts from which incremental expenses for that operation

were incurred in order to reimburse those accounts for those

incremental expenses. Amounts so transferred shall be merged with

and be available for the same purposes as the accounts to which

transferred.

(2) The total amount that the Secretary of Defense may transfer

under the authority of this section in any fiscal year is

$200,000,000.

(3) Transfers under this subsection may only be made from amounts

appropriated to the Department of Defense for any fiscal year that

remain available for obligation, other than amounts within any

operation and maintenance appropriation that are available for (A)

an account (known as a budget activity 1 account) that is specified

as being for operating forces, or (B) an account (known as a budget

activity 2 account) that is specified as being for mobilization.

(4) The authority provided by this subsection is in addition to

any other authority provided by law authorizing the transfer of

amounts available to the Department of Defense. However, the

Secretary may not use any such authority under another provision of

law for a purpose described in paragraph (1) if there is authority

available under this subsection for that purpose.

(5) The authority provided by this subsection to transfer amounts

may not be used to provide authority for an activity that has been

denied authorization by Congress.

(6) A transfer made from one account to another under the

authority of this subsection shall be deemed to increase the amount

authorized for the account to which the amount is transferred by an

amount equal to the amount transferred.

(d) Report Upon Designation of an Operation. - Within 45 days

after the Secretary of Defense identifies an operation pursuant to

subsection (a)(2), the Secretary of Defense shall submit to

Congress a report that sets forth the following:

(1) The manner by which the Secretary proposes to obtain funds

for the cost to the United States of the operation, including a

specific discussion of how the Secretary proposes to restore

balances in -

(A) the Defense Business Operations Fund (or a successor

fund), or

(B) the accounts from which the Secretary transfers funds

under the authority of subsection (c), to the levels that would

have been anticipated but for the provisions of subsection (c).

(2) If the operation is described in subsection (a)(1)(B), a

justification why the budgetary resources of another department

or agency of the Federal Government, instead of resources of the

Department of Defense, are not being used for carrying out the

operation.

(3) The objectives of the operation.

(4) The estimated duration of the operation and of any

deployment of armed forces personnel in such operation.

(5) The estimated incremental cost of the operation to the

United States.

(6) The exit criteria for the operation and for the withdrawal

of the elements of the armed forces involved in the operation.

(e) Limitations. - (1) The Secretary may not restore balances in

the Defense Business Operations Fund through increases in rates

charged by that fund in order to compensate for costs incurred and

not reimbursed due to subsection (b).

(2) The Secretary may not restore balances in the Defense

Business Operations Fund or any other fund or account through the

use of unobligated amounts in an operation and maintenance

appropriation that are available within that appropriation for (A)

an account (known as a budget activity 1 account) that is specified

as being for operating forces, or (B) an account (known as a budget

activity 2 account) that is specified as being for mobilization.

(f) Submission of Requests for Supplemental Appropriations. - It

is the sense of Congress that whenever there is an operation

described in subsection (a), the President should, not later than

90 days after the date on which notification is provided pursuant

to subsection (a)(3), submit to Congress a request for the

enactment of supplemental appropriations for the then-current

fiscal year in order to provide funds to replenish the Defense

Business Operations Fund or any other fund or account of the

Department of Defense from which funds for the incremental expenses

of that operation were derived under this section and should, as

necessary, submit subsequent requests for the enactment of such

appropriations.

(g) Incremental Costs. - For purposes of this section,

incremental costs of the Department of Defense with respect to an

operation are the costs of the Department that are directly

attributable to the operation (and would not have been incurred but

for the operation). Incremental costs do not include the cost of

property or services acquired by the Department that are paid for

by a source outside the Department or out of funds contributed by

such a source.

(h) Relationship to War Powers Resolution. - This section may not

be construed as altering or superseding the War Powers Resolution.

This section does not provide authority to conduct any military

operation.

(i) GAO Compliance Reviews. - The Comptroller General of the

United States shall from time to time, and when requested by a

committee of Congress, conduct a review of the defense funding

structure under this section to determine whether the Department of

Defense is complying with the requirements and limitations of this

section.

-SOURCE-

(Added Pub. L. 103-160, div. A, title XI, Sec. 1108(a)(1), Nov.

30, 1993, 107 Stat. 1751; amended Pub. L. 104-106, div. A, title

X, Sec. 1003(a)(1), Feb. 10, 1996, 110 Stat. 415.)

-REFTEXT-

REFERENCES IN TEXT

The War Powers Resolution, referred to in subsec. (h), is Pub. L.

93-148, Nov. 7, 1973, 87 Stat. 555, which is classified generally

to chapter 33 (Sec. 1541 et seq.) of Title 50, War and National

Defense. For complete classification of this Act to the Code, see

Short Title note set out under section 1541 of Title 50 and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''Operations for which funds

are not provided in advance: funding mechanisms'' for ''Expenses

for contingency operations'' as section catchline and amended text

generally. Prior to amendment, text consisted of subsecs. (a) to

(h) relating to funding procedures for operations designated by the

Secretary of Defense as National Contingency Operations.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1003(b) of Pub. L. 104-106 provided that: ''The amendment

to section 127a of title 10, United States Code, made by subsection

(a) shall take effect on the date of the enactment of this Act

(Feb. 10, 1996) and shall apply to any operation of the Department

of Defense that is in effect on or after that date, whether such

operation is begun before, on, or after such date of enactment. In

the case of an operation begun before such date, any reference in

such section to the commencement of such operation shall be treated

as referring to the effective date under the preceding sentence.''

-CITE-

10 USC Sec. 127b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 127b. Assistance in combating terrorism: rewards

-STATUTE-

(a) Authority. - The Secretary of Defense may pay a monetary

amount, or provide a payment-in-kind, to a person as a reward for

providing United States Government personnel with information or

nonlethal assistance that is beneficial to -

(1) an operation or activity of the armed forces conducted

outside the United States against international terrorism; or

(2) force protection of the armed forces.

(b) Limitation. - The amount or value of a reward provided under

this section may not exceed $200,000.

(c) Delegation of Authority. - (1) The authority of the Secretary

of Defense under subsection (a) may be delegated only -

(A) to the Deputy Secretary of Defense and an Under Secretary

of Defense, without further redelegation; and

(B) to the commander of a combatant command, but only for a

reward in an amount or with a value not in excess of $50,000.

(2) A commander of a combatant command to whom authority to

provide rewards under this section is delegated under paragraph (1)

may further delegate that authority, but only for a reward in an

amount or with a value not in excess of $2,500, except that such a

delegation may be made to the commander's deputy commander without

regard to such limitation.

(d) Coordination. - (1) The Secretary of Defense shall prescribe

policies and procedures for the offering and making of rewards

under this section and otherwise for administering the authority

under this section. Such polices (FOOTNOTE 1) and procedures shall

be prescribed in consultation with the Secretary of State and the

Attorney General and shall ensure that the making of a reward under

this section does not duplicate or interfere with the payment of a

reward authorized by the Secretary of State or the Attorney

General.

(FOOTNOTE 1) So in original. Probably should be ''policies''.

(2) The Secretary of Defense shall consult with the Secretary of

State regarding the making of any reward under this section in an

amount or with a value in excess of $100,000.

(e) Persons Not Eligible. - The following persons are not

eligible to receive a reward under this section:

(1) A citizen of the United States.

(2) An officer or employee of the United States.

(3) An employee of a contractor of the United States.

(f) Annual Report. - (1) Not later than December 1 of each year,

the Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a report on

the administration of the rewards program under this section during

the preceding fiscal year.

(2) Each report for a fiscal year under this subsection shall

include the following:

(A) Information on the total amount expended during that fiscal

year to carry out the rewards program under this section during

that fiscal year.

(B) Specification of the amount, if any, expended during that

fiscal year to publicize the availability of rewards under this

section.

(C) With respect to each reward provided during that fiscal

year -

(i) the amount or value of the reward and whether the reward

was provided as a monetary payment or in some other form;

(ii) the recipient of the reward; and

(iii) a description of the information or assistance for

which the reward was paid, together with an assessment of the

significance and benefit of the information or assistance.

(3) The Secretary may submit the report in classified form if the

Secretary determines that it is necessary to do so.

(g) Determinations by the Secretary. - A determination by the

Secretary under this section is final and conclusive and is not

subject to judicial review.

-SOURCE-

(Added Pub. L. 107-314, div. A, title X, Sec. 1065(a), Dec. 2,

2002, 116 Stat. 2655.)

-CITE-

10 USC Sec. 128 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 128. Physical protection of special nuclear material:

limitation on dissemination of unclassified information

-STATUTE-

(a)(1) In addition to any other authority or requirement

regarding protection from dissemination of information, and subject

to section 552(b)(3) of title 5, the Secretary of Defense, with

respect to special nuclear materials, shall prescribe such

regulations, after notice and opportunity for public comment

thereon, or issue such orders as may be necessary to prohibit the

unauthorized dissemination of unclassified information pertaining

to security measures, including security plans, procedures, and

equipment for the physical protection of special nuclear material.

(2) The Secretary may prescribe regulations or issue orders under

paragraph (1) to prohibit the dissemination of any information

described in such paragraph only if and to the extent that the

Secretary determines that the unauthorized dissemination of such

information could reasonably be expected to have a significant

adverse effect on the health and safety of the public or the common

defense and security by significantly increasing the likelihood of

-

(A) illegal production of nuclear weapons, or

(B) theft, diversion, or sabotage of special nuclear materials,

equipment, or facilities.

(3) In making a determination under paragraph (2), the Secretary

may consider what the likelihood of an illegal production, theft,

diversion, or sabotage referred to in such paragraph would be if

the information proposed to be prohibited from dissemination under

this section were at no time available for dissemination.

(4) The Secretary shall exercise his authority under this

subsection to prohibit the dissemination of any information

described in paragraph (1) -

(A) so as to apply the minimum restrictions needed to protect

the health and safety of the public or the common defense and

security; and

(B) upon a determination that the unauthorized dissemination of

such information could reasonably be expected to result in a

significant adverse effect on the health and safety of the public

or the common defense and security by significantly increasing

the likelihood of -

(i) illegal production of nuclear weapons, or

(ii) theft, diversion, or sabotage of nuclear materials,

equipment, or facilities.

(b) Nothing in this section shall be construed to authorize the

Secretary to withhold, or to authorize the withholding of,

information from the appropriate committees of the Congress.

(c) Any determination by the Secretary concerning the

applicability of this section shall be subject to judicial review

pursuant to section 552(a)(4)(B) of title 5.

(d) The Secretary shall prepare on an annual basis a report to be

made available upon the request of any interested person, detailing

the Secretary's application during that period of each regulation

or order prescribed or issued under this section. In particular,

such report shall -

(1) identify any information protected from disclosure pursuant

to such regulation or order;

(2) specifically state the Secretary's justification for

determining that unauthorized dissemination of the information

protected from disclosure under such regulation or order could

reasonably be expected to have a significant adverse effect on

the health and safety of the public or the common defense and

security by significantly increasing the likelihood of illegal

production of nuclear weapons or the theft, diversion, or

sabotage of special nuclear materials, equipment, or facilities,

as specified under subsection (a); and

(3) provide justification that the Secretary has applied such

regulation or order so as to protect from disclosure only the

minimum amount of information necessary to protect the health and

safety of the public or the common defense and security.

-SOURCE-

(Added Pub. L. 100-180, div. A, title XI, Sec. 1123(a), Dec. 4,

1987, 101 Stat. 1149; amended Pub. L. 101-510, div. A, title XIII,

Sec. 1311(1), Nov. 5, 1990, 104 Stat. 1669.)

-MISC1-

PRIOR PROVISIONS

A prior section 128 was renumbered section 421 of this title.

AMENDMENTS

1990 - Subsec. (d). Pub. L. 101-510 substituted ''on an annual

basis'' for ''on a quarterly basis''.

-CITE-

10 USC Sec. 129 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 129. Prohibition of certain civilian personnel management

constraints

-STATUTE-

(a) The civilian personnel of the Department of Defense shall be

managed each fiscal year solely on the basis of and consistent with

(1) the workload required to carry out the functions and activities

of the department and (2) the funds made available to the

department for such fiscal year. The management of such personnel

in any fiscal year shall not be subject to any constraint or

limitation in terms of man years, end strength, full-time

equivalent positions, or maximum number of employees. The

Secretary of Defense and the Secretaries of the military

departments may not be required to make a reduction in the number

of full-time equivalent positions in the Department of Defense

unless such reduction is necessary due to a reduction in funds

available to the Department or is required under a law that is

enacted after February 10, 1996, and that refers specifically to

this subsection.

(b) The number of, and the amount of funds available to be paid

to, indirectly funded Government employees of the Department of

Defense may not be -

(1) subject to any constraint or limitation on the number of

such personnel who may be employed on the last day of a fiscal

year;

(2) managed on the basis of any constraint or limitation in

terms of man years, end strength, full-time equivalent positions,

or maximum number of employees; or

(3) controlled under any policy of the Secretary of a military

department for control of civilian manpower resources.

(c) In this section, the term ''indirectly funded Government

employees'' means civilian employees of the Department of Defense -

(1) who are employed by industrial-type activities, the Major

Range and Test Facility Base, or commercial-type activities

described in section 2208 of this title; and

(2) whose salaries and benefits are funded from sources other

than appropriated funds.

(d) With respect to each budget activity within an appropriation

for a fiscal year for operations and maintenance, the Secretary of

Defense shall ensure that there are employed during that fiscal

year employees in the number and with the combination of skills and

qualifications that are necessary to carry out the functions within

that budget activity for which funds are provided for that fiscal

year.

(e) Subsections (a), (b), and (c) apply to the Major Range and

Test Facility Base (MRTFB) at the installation level. With respect

to the MRTFB structure, the term ''funds made available'' includes

both direct appropriated funds and funds provided by MRTFB

customers.

(f)(1) Not later than February 1 of each year, the Secretary of

each military department and the head of each Defense Agency 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 management of the civilian workforce under the

jurisdiction of that official.

(2) Each report of an official under paragraph (1) shall contain

the following:

(A) The official's certification (i) that the civilian

workforce under the jurisdiction of the official is not subject

to any constraint or limitation in terms of man years, end

strength, full-time equivalent positions, or maximum number of

employees, and (ii) that, during the 12 months preceding the date

on which the report is due, such workforce has not been subject

to any such constraint or limitation.

(B) A description of how the civilian workforce is managed.

(C) A detailed description of the analytical tools used to

determine civilian workforce requirements during the 12-month

period referred to in subparagraph (A).

-SOURCE-

(Added Pub. L. 97-86, title IX, Sec. 904(a), Dec. 1, 1981, 95 Stat.

1114, Sec. 140b; renumbered Sec. 129, Pub. L. 99-433, title I, Sec.

101(a)(3), Oct. 1, 1986, 100 Stat. 994; amended Pub. L. 99-661,

div. A, title V, Sec. 533, Nov. 14, 1986, 100 Stat. 3873; Pub. L.

102-190, div. A, title III, Sec. 312(b), Dec. 5, 1991, 105 Stat.

1335; Pub. L. 104-106, div. A, title X, Sec. 1031, Feb. 10, 1996,

110 Stat. 428; Pub. L. 104-201, div. A, title X, Sec. 1074(a)(1),

title XVI, Sec. 1603, Sept. 23, 1996, 110 Stat. 2658, 2735; Pub. L.

105-85, div. A, title XI, Sec. 1101, Nov. 18, 1997, 111 Stat.

1922; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999,

113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (f)(1). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1997 - Subsec. (f). Pub. L. 105-85 added subsec. (f).

1996 - Subsec. (a). Pub. L. 104-201, Sec. 1074(a)(1), substituted

''February 10, 1996,'' for ''the date of the enactment of the

National Defense Authorization Act for Fiscal Year 1996''.

Pub. L. 104-106, Sec. 1031(1), substituted ''constraint or

limitation in terms of man years, end strength, full-time

equivalent positions, or maximum number of employees. The

Secretary of Defense and the Secretaries of the military

departments may not be required to make a reduction in the number

of full-time equivalent positions in the Department of Defense

unless such reduction is necessary due to a reduction in funds

available to the Department or is required under a law that is

enacted after the date of the enactment of the National Defense

Authorization Act for Fiscal Year 1996 and that refers specifically

to this subsection.'' for ''man-year constraint or limitation.''

Subsec. (b)(2). Pub. L. 104-106, Sec. 1031(2), substituted ''any

constraint or limitation in terms of man years, end strength,

full-time equivalent positions, or maximum number of employees''

for ''any end-strength''.

Subsec. (c)(1). Pub. L. 104-201, Sec. 1603(1), inserted '', the

Major Range and Test Facility Base,'' after ''industrial-type

activities''.

Subsec. (d). Pub. L. 104-106, Sec. 1031(3), added subsec. (d).

Subsec. (e). Pub. L. 104-201, Sec. 1603(2), added subsec. (e).

1991 - Subsec. (a). Pub. L. 102-190 substituted ''department and

(2)'' for ''department, (2)'' and struck out '', and (3) the

authorized end strength for the civilian personnel of the

department for such fiscal year'' at end of first sentence.

1986 - Pub. L. 99-661 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

Pub. L. 99-433 renumbered section 140b of this title as this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 115 of this title.

-CITE-

10 USC Sec. 129a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 129a. General personnel policy

-STATUTE-

The Secretary of Defense shall use the least costly form of

personnel consistent with military requirements and other needs of

the Department. In developing the annual personnel authorization

requests to Congress and in carrying out personnel policies, the

Secretary shall -

(1) consider particularly the advantages of converting from one

form of personnel (military, civilian, or private contract) to

another for the performance of a specified job; and

(2) include in each manpower requirements report submitted

under section 115a of this title a complete justification for

converting from one form of personnel to another.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XIV, Sec. 1483(b)(2), Nov.

5, 1990, 104 Stat. 1715.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 115(b)(5) of this title, prior to repeal by Pub. L.

101-510, Sec. 1483(a).

CONVERSION OF MILITARY POSITIONS TO CIVILIAN POSITIONS

Pub. L. 104-106, div. A, title X, Sec. 1032, Feb. 10, 1996, 110

Stat. 429, as amended by Pub. L. 104-201, div. A, title XVI, Sec.

1601, Sept. 23, 1996, 110 Stat. 2734, directed Secretary of

Defense, by Sept. 30, 1996, to convert at least 3,000 military

positions to civilian positions and, not later than Mar. 31, 1996,

submit to Congress a plan for the implementation of conversion.

PROHIBITION ON USE OF FUNDS TO ASSIGN SUPERVISOR'S TITLE OR GRADE

BASED UPON NUMBER OF PEOPLE SUPERVISED

Pub. L. 104-61, title VIII, Sec. 8031, Dec. 1, 1995, 109 Stat.

658, provided that: ''None of the funds appropriated during the

current fiscal year and hereafter, may be used by the Department of

Defense to assign a supervisor's title or grade when the number of

people he or she supervises is considered as a basis for this

determination: Provided, That savings that result from this

provision are represented as such in future budget proposals.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 103-335, title VIII, Sec. 8036, Sept. 30, 1994, 108 Stat.

2626.

Pub. L. 103-139, title VIII, Sec. 8040, Nov. 11, 1993, 107 Stat.

1449.

Pub. L. 102-396, title IX, Sec. 9053, Oct. 6, 1992, 106 Stat.

1914.

Pub. L. 102-172, title VIII, Sec. 8055, Nov. 26, 1991, 105 Stat.

1184.

Pub. L. 101-511, title VIII, Sec. 8063, Nov. 5, 1990, 104 Stat.

1888.

Pub. L. 101-165, title IX, Sec. 9085, Nov. 21, 1989, 103 Stat.

1147.

Pub. L. 100-463, title VIII, Sec. 8079, Oct. 1, 1988, 102 Stat.

2270-30.

Pub. L. 100-202, Sec. 101(b) (title VIII, Sec. 8105), Dec. 22,

1987, 101 Stat. 1329-43, 1329-81.

-CITE-

10 USC Sec. 129b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 129b. Experts and consultants: authority to procure services

of

-STATUTE-

(a) Authority. - Subject to subsection (b), the Secretary of

Defense and the Secretaries of the military departments may -

(1) procure the services of experts or consultants (or of

organizations of experts or consultants) in accordance with

section 3109 of title 5; and

(2) pay in connection with such services travel expenses of

individuals, including transportation and per diem in lieu of

subsistence while such individuals are traveling from their homes

or places of business to official duty stations and return as may

be authorized by law.

(b) Conditions. - The services of experts or consultants (or

organizations thereof) may be procured under subsection (a) only if

the Secretary of Defense or the Secretary of the military

department concerned, as the case may be, determines that -

(1) the procurement of such services is advantageous to the

United States; and

(2) such services cannot adequately be provided by the

Department of Defense.

(c) Regulations. - Procurement of the services of experts and

consultants (or organizations thereof) under subsection (a) shall

be carried out under regulations prescribed by the Secretary of

Defense.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XIV, Sec. 1481(b)(1), Nov.

5, 1990, 104 Stat. 1704; amended Pub. L. 102-190, div. A, title X,

Sec. 1061(a)(2), Dec. 5, 1991, 105 Stat. 1472.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 101-165, title IX, Sec. 9002, Nov. 21, 1989, 103 Stat.

1129, which was set out as a note under section 2241 of this title,

prior to repeal by Pub. L. 101-510, Sec. 1481(b)(3).

AMENDMENTS

1991 - Pub. L. 102-190 inserted ''of'' after ''services'' in

section catchline.

-CITE-

10 USC Sec. 129c 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 129c. Medical personnel: limitations on reductions

-STATUTE-

(a) Limitation on Reduction. - For any fiscal year, the Secretary

of Defense may not make a reduction in the number of medical

personnel of the Department of Defense described in subsection (b)

unless the Secretary makes a certification for that fiscal year

described in subsection (c).

(b) Covered Reductions. - Subsection (a) applies to a reduction

in the number of medical personnel of the Department of Defense as

of the end of a fiscal year to a number that is less than -

(1) 95 percent of the number of such personnel at the end of

the immediately preceding fiscal year; or

(2) 90 percent of the number of such personnel at the end of

the third fiscal year preceding the fiscal year.

(c) Certification. - A certification referred to in subsection

(a) with respect to reductions in medical personnel of the

Department of Defense for any fiscal year is a certification by the

Secretary of Defense to Congress that -

(1) the number of medical personnel being reduced is excess to

the current and projected needs of the Department of Defense; and

(2) such reduction will not result in an increase in the cost

of health care services provided under the Civilian Health and

Medical Program of the Uniformed Services under chapter 55 of

this title.

(d) Policy for Implementing Reductions. - Whenever the Secretary

of Defense directs that there be a reduction in the total number of

military medical personnel of the Department of Defense, the

Secretary shall require that the reduction be carried out so as to

ensure that the reduction is not exclusively or disproportionately

borne by any one of the armed forces and is not exclusively or

disproportionately borne by either the active or the reserve

components.

(e) Definition. - In this section, the term ''medical personnel''

means -

(1) the members of the armed forces covered by the term

''medical personnel'' as defined in section 115a(e)(2) of this

title; and

(2) the civilian personnel of the Department of Defense

assigned to military medical facilities.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 564(a)(1), Feb. 10,

1996, 110 Stat. 325; amended Pub. L. 105-85, div. A, title X, Sec.

1073(a)(4), Nov. 18, 1997, 111 Stat. 1900.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 101-510, div. A, title VII, Sec. 711, Nov. 5, 1990, 104

Stat. 1582, as amended, which was set out as a note under section

115 of this title, prior to repeal by Pub. L. 104-106, Sec.

564(d)(1).

AMENDMENTS

1997 - Subsec. (e)(1). Pub. L. 105-85 substituted ''section

115a(e)(2)'' for ''section 115a(g)(2)''.

SPECIAL TRANSITION RULE FOR FISCAL YEAR 1996

Section 564(b) of Pub. L. 104-106 provided that: ''For purposes

of applying subsection (b)(1) of section 129c of title 10, United

States Code, as added by subsection (a), during fiscal year 1996,

the number against which the percentage limitation of 95 percent is

computed shall be the number of medical personnel of the Department

of Defense as of the end of fiscal year 1994 (rather than the

number as of the end of fiscal year 1995).''

-CITE-

10 USC Sec. 130 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 130. Authority to withhold from public disclosure certain

technical data

-STATUTE-

(a) Notwithstanding any other provision of law, the Secretary of

Defense may withhold from public disclosure any technical data with

military or space application in the possession of, or under the

control of, the Department of Defense, if such data may not be

exported lawfully outside the United States without an approval,

authorization, or license under the Export Administration Act of

1979 (50 U.S.C. App. 2401-2420) or the Arms Export Control Act (22

U.S.C. 2751 et seq.). However, technical data may not be withheld

under this section if regulations promulgated under either such Act

authorize the export of such data pursuant to a general,

unrestricted license or exemption in such regulations.

(b) Regulations under this section shall be published in the

Federal Register for a period of no less than 30 days for public

comment before promulgation. Such regulations shall address, where

appropriate, releases of technical data to allies of the United

States and to qualified United States contractors, including United

States contractors that are small business concerns, for use in

performing United States Government contracts.

(c) In this section, the term ''technical data with military or

space application'' means any blueprints, drawings, plans,

instructions, computer software and documentation, or other

technical information that can be used, or be adapted for use, to

design, engineer, produce, manufacture, operate, repair, overhaul,

or reproduce any military or space equipment or technology

concerning such equipment.

-SOURCE-

(Added Pub. L. 98-94, title XII, Sec. 1217(a), Sept. 24, 1983, 97

Stat. 690, Sec. 140c; amended Pub. L. 99-145, title XIII, Sec.

1303(a)(3), Nov. 8, 1985, 99 Stat. 738; renumbered Sec. 130 and

amended Pub. L. 99-433, title I, Sec. 101(a)(3), 110(d)(6), Oct. 1,

1986, 100 Stat. 994, 1003; Pub. L. 100-26, Sec. 7(k)(3), Apr. 21,

1987, 101 Stat. 284; Pub. L. 101-510, div. A, title XIV, Sec.

1484(b)(1), Nov. 5, 1990, 104 Stat. 1715.)

-REFTEXT-

REFERENCES IN TEXT

The Export Administration Act of 1979, referred to in subsec.

(a), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,

which is classified principally to section 2401 et seq. of the

Appendix to Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 2401 of the Appendix to Title 50 and Tables.

The Arms Export Control Act, referred to in subsec. (a), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

2751 of Title 22 and Tables.

-MISC2-

AMENDMENTS

1990 - Subsecs. (b), (c). Pub. L. 101-510 substituted

''Regulations under this section'' for ''(1) Within 90 days after

September 24, 1983, the Secretary of Defense shall propose

regulations to implement this section. Such regulations'' in

subsec. (b) and redesignated former subsec. (b)(2) as subsec. (c).

1987 - Subsec. (b)(2). Pub. L. 100-26 inserted ''the term'' after

''In this section,''.

1986 - Pub. L. 99-433 renumbered section 140c of this title as

this section and substituted ''Authority'' for ''Secretary of

Defense: authority'' in section catchline.

1985 - Subsec. (b)(1). Pub. L. 99-145 substituted ''September 24,

1983'' for ''enactment of this section''.

-CITE-

10 USC Sec. 130a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 130a. Major Department of Defense headquarters activities

personnel: limitation

-STATUTE-

(a) Limitation. - Effective October 1, 2002, the number of major

headquarters activities personnel in the Department of Defense may

not exceed 85 percent of the baseline number.

(b) Phased Reduction. - The number of major headquarters

activities personnel in the Department of Defense -

(1) as of October 1, 2000, may not exceed 95 percent of the

baseline number; and

(2) as of October 1, 2001, may not exceed 90 percent of the

baseline number.

(c) Baseline Number. - In this section, the term ''baseline

number'' means the number of major headquarters activities

personnel in the Department of Defense as of October 1, 1999.

(d) Major Headquarters Activities. - (1) For purposes of this

section, major headquarters activities are those headquarters (and

the direct support integral to their operation) the primary mission

of which is to manage or command the programs and operations of the

Department of Defense, the Department of Defense components, and

their major military units, organizations, or agencies. Such term

includes management headquarters, combatant headquarters, and

direct support.

(2) The specific elements of the Department of Defense that are

major headquarters activities for the purposes of this section are

those elements identified as Major DoD Headquarters Activities in

accordance with Department of Defense Directive 5100.73, entitled

''Major Department of Defense Headquarters Activities'', issued on

May 13, 1999. The provisions of that directive applicable to

identification of any activity as a ''Major DoD Headquarters

Activity'' may not be changed except as provided by law.

(e) Major Headquarters Activities Personnel. - In this section,

the term ''major headquarters activities personnel'' means military

and civilian personnel of the Department of Defense who are

assigned to, or employed in, functions in major headquarters

activities.

(f) Limitation on Reassignment of Functions. - In carrying out

reductions in the number of personnel assigned to, or employed in,

major headquarters activities in order to comply with this section,

the Secretary of Defense and the Secretaries of the military

departments may not reassign functions in order to evade the

requirements of this section.

(g) Flexibility. - (1) If during fiscal year 2001 or fiscal year

2002 the Secretary of Defense determines, and certifies to

Congress, that the limitation under subsection (a), or a limitation

under subsection (b), would adversely affect United States national

security, the Secretary may take any of the following actions:

(A) Increase the percentage specified in subsection (b)(1) by

such amount as the Secretary determines necessary or waive the

limitation under that subsection.

(B) Increase the percentage specified in subsection (b)(2) by

such amount as the Secretary determines necessary, not to exceed

a cumulative increase of 7.5 percentage points.

(C) Increase the percentage specified in subsection (a) by such

amount as the Secretary determines necessary, not to exceed a

cumulative increase of 7.5 percentage points.

(2) Any certification under paragraph (1) shall include notice of

the specific waiver or increases made pursuant to the authority

provided in that paragraph.

-SOURCE-

(Added Pub. L. 105-85, div. A, title IX, Sec. 911(a)(1), Nov. 18,

1997, 111 Stat. 1857; amended Pub. L. 106-65, div. A, title IX,

Sec. 921(a)(1), Oct. 5, 1999, 113 Stat. 722; Pub. L. 106-398, Sec.

1 ((div. A), title IX, Sec. 941), Oct. 30, 2000, 114 Stat. 1654,

1654A-241.)

-MISC1-

AMENDMENTS

2000 - Subsec. (g). Pub. L. 106-398 added subsec. (g).

1999 - Pub. L. 106-65 amended section catchline and text

generally. Prior to amendment, section consisted of subsecs. (a)

to (g) limiting and requiring phased reductions in management

headquarters and headquarters support activities personnel.

IMPLEMENTATION REPORT

Pub. L. 105-85, div. A, title IX, Sec. 911(b), Nov. 18, 1997,

111 Stat. 1858, provided that not later than Jan. 15, 1998, the

Secretary of Defense was to submit to Congress a report containing

a plan to achieve the personnel reductions required by this section

as added by section 911(a) of Pub. L. 105-85.

-CITE-

10 USC Sec. 130b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 130b. Personnel in overseas, sensitive, or routinely

deployable units: nondisclosure of personally identifying

information

-STATUTE-

(a) Exemption From Disclosure. - The Secretary of Defense and,

with respect to the Coast Guard when it is not operating as a

service in the Navy, the Secretary of Homeland Security may,

notwithstanding section 552 of title 5, authorize to be withheld

from disclosure to the public personally identifying information

regarding -

(1) any member of the armed forces assigned to an overseas

unit, a sensitive unit, or a routinely deployable unit; and

(2) any employee of the Department of Defense or of the Coast

Guard whose duty station is with any such unit.

(b) Exceptions. - (1) The authority in subsection (a) is subject

to such exceptions as the President may direct.

(2) Subsection (a) does not authorize any official to withhold,

or to authorize the withholding of, information from Congress.

(c) Definitions. - In this section:

(1) The term ''personally identifying information'', with

respect to any person, means the person's name, rank, duty

address, and official title and information regarding the

person's pay.

(2) The term ''unit'' means a military organization of the

armed forces designated as a unit by competent authority.

(3) The term ''overseas unit'' means a unit that is located

outside the United States and its territories.

(4) The term ''sensitive unit'' means a unit that is primarily

involved in training for the conduct of, or conducting, special

activities or classified missions, including -

(A) a unit involved in collecting, handling, disposing, or

storing of classified information and materials;

(B) a unit engaged in training -

(i) special operations units;

(ii) security group commands weapons stations; or

(iii) communications stations; and

(C) any other unit that is designated as a sensitive unit by

the Secretary of Defense or, in the case of the Coast Guard

when it is not operating as a service in the Navy, by the

Secretary of Homeland Security.

(5) The term ''routinely deployable unit'' means a unit that

normally deploys from its permanent home station on a periodic or

rotating basis to meet peacetime operational requirements that,

or to participate in scheduled training exercises that, routinely

require deployments outside the United States and its

territories. Such term includes a unit that is alerted for

deployment outside the United States and its territories during

an actual execution of a contingency plan or in support of a

crisis operation.

-SOURCE-

(Added Pub. L. 106-65, div. A, title X, Sec. 1044(a), Oct. 5,

1999, 113 Stat. 761; amended Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a), (c)(4)(C). Pub. L. 107-296 substituted ''of

Homeland Security'' for ''of Transportation''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 130c 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

-HEAD-

Sec. 130c. Nondisclosure of information: certain sensitive

information of foreign governments and international

organizations

-STATUTE-

(a) Exemption From Disclosure. - The national security official

concerned (as defined in subsection (h)) may withhold from public

disclosure otherwise required by law sensitive information of

foreign governments in accordance with this section.

(b) Information Eligible for Exemption. - For the purposes of

this section, information is sensitive information of a foreign

government only if the national security official concerned makes

each of the following determinations with respect to the

information:

(1) That the information was provided by, otherwise made

available by, or produced in cooperation with, a foreign

government or international organization.

(2) That the foreign government or international organization

is withholding the information from public disclosure (relying

for that determination on the written representation of the

foreign government or international organization to that effect).

(3) That any of the following conditions are met:

(A) The foreign government or international organization

requests, in writing, that the information be withheld.

(B) The information was provided or made available to the

United States Government on the condition that it not be

released to the public.

(C) The information is an item of information, or is in a

category of information, that the national security official

concerned has specified in regulations prescribed under

subsection (g) as being information the release of which would

have an adverse effect on the ability of the United States

Government to obtain the same or similar information in the

future.

(c) Information of Other Agencies. - If the national security

official concerned provides to the head of another agency sensitive

information of a foreign government, as determined by that national

security official under subsection (b), and informs the head of the

other agency of that determination, then the head of the other

agency shall withhold the information from any public disclosure

unless that national security official specifically authorizes the

disclosure.

(d) Limitations. - (1) If a request for disclosure covers any

sensitive information of a foreign government (as described in

subsection (b)) that came into the possession or under the control

of the United States Government before October 30, 2000, and more

than 25 years before the request is received by an agency, the

information may be withheld only as set forth in paragraph (3).

(2)(A) If a request for disclosure covers any sensitive

information of a foreign government (as described in subsection

(b)) that came into the possession or under the control of the

United States Government on or after the date referred to in

paragraph (1), the authority to withhold the information under this

section is subject to the provisions of subparagraphs (B) and (C).

(B) Information referred to in subparagraph (A) may not be

withheld under this section after -

(i) the date that is specified by a foreign government or

international organization in a request or expression of a

condition described in paragraph (1) or (2) of subsection (b)

that is made by the foreign government or international

organization concerning the information; or

(ii) if there are more than one such foreign governments or

international organizations, the latest date so specified by any

of them.

(C) If no date is applicable under subparagraph (B) to a request

referred to in subparagraph (A) and the information referred to in

that subparagraph came into possession or under the control of the

United States more than 10 years before the date on which the

request is received by an agency, the information may be withheld

under this section only as set forth in paragraph (3).

(3) Information referred to in paragraph (1) or (2)(C) may be

withheld under this section in the case of a request for disclosure

only if, upon the notification of each foreign government and

international organization concerned in accordance with the

regulations prescribed under subsection (g)(2), any such government

or organization requests in writing that the information not be

disclosed for an additional period stated in the request of that

government or organization. After the national security official

concerned considers the request of the foreign government or

international organization, the official shall designate a later

date as the date after which the information is not to be withheld

under this section. The later date may be extended in accordance

with a later request of any such foreign government or

international organization under this paragraph.

(e) Information Protected Under Other Authority. - This section

does not apply to information or matters that are specifically

required in the interest of national defense or foreign policy to

be protected against unauthorized disclosure under criteria

established by an Executive order and are classified, properly, at

the confidential, secret, or top secret level pursuant to such

Executive order.

(f) Disclosures Not Affected. - Nothing in this section shall be

construed to authorize any official to withhold, or to authorize

the withholding of, information from the following:

(1) Congress.

(2) The Comptroller General, unless the information relates to

activities that the President designates as foreign intelligence

or counterintelligence activities.

(g) Regulations. - (1) The national security officials referred

to in subsection (h)(1) shall each prescribe regulations to carry

out this section. The regulations shall include criteria for

making the determinations required under subsection (b). The

regulations may provide for controls on access to and use of, and

special markings and specific safeguards for, a category or

categories of information subject to this section.

(2) The regulations shall include procedures for notifying and

consulting with each foreign government or international

organization concerned about requests for disclosure of information

to which this section applies.

(h) Definitions. - In this section:

(1) The term ''national security official concerned'' means the

following:

(A) The Secretary of Defense, with respect to information of

concern to the Department of Defense, as determined by the

Secretary.

(B) The Secretary of Homeland Security, with respect to

information of concern to the Coast Guard, as determined by the

Secretary, but only while the Coast Guard is not operating as a

service in the Navy.

(C) The Secretary of Energy, with respect to information

concerning the national security programs of the Department of

Energy, as determined by the Secretary.

(2) The term ''agency'' has the meaning given that term in

section 552(f) of title 5.

(3) The term ''international organization'' means the

following:

(A) A public international organization designated pursuant

to section 1 of the International Organizations Immunities Act

(59 Stat. 669; 22 U.S.C. 288) as being entitled to enjoy the

privileges, exemptions, and immunities provided in such Act.

(B) A public international organization created pursuant to a

treaty or other international agreement as an instrument

through or by which two or more foreign governments engage in

some aspect of their conduct of international affairs.

(C) An official mission, except a United States mission, to a

public international organization referred to in subparagraph

(A) or (B).

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1073(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-277; amended Pub. L. 107-107,

div. A, title X, Sec. 1048(a)(3), (c)(1), Dec. 28, 2001, 115 Stat.

1222, 1226; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25,

2002, 116 Stat. 2314.)

-REFTEXT-

REFERENCES IN TEXT

The International Organizations Immunities Act, referred to in

subsec. (h)(3)(A), is title I of act Dec. 29, 1945, ch. 652, 59

Stat. 669, as amended, which is classified principally to

subchapter XVIII (Sec. 288 et seq.) of chapter 7 of Title 22,

Foreign Relations and Intercourse. For complete classification of

this Act to the Code, see Short Title note set out under section

288 of Title 22 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (h)(1)(B). Pub. L. 107-296 substituted ''of

Homeland Security'' for ''of Transportation''.

2001 - Subsec. (b)(3)(C). Pub. L. 107-107, Sec. 1048(a)(3),

substituted ''subsection (g)'' for ''subsection (f)''.

Subsec. (d)(1). Pub. L. 107-107, Sec. 1048(c)(1), substituted

''October 30, 2000,'' for ''the date of the enactment of the Floyd

D. Spence National Defense Authorization Act for Fiscal Year

2001''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-CITE-