-CITE-

10 USC CHAPTER 2 - DEPARTMENT OF DEFENSE 01/22/02

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 2 - DEPARTMENT OF DEFENSE

.

-HEAD-

CHAPTER 2 - DEPARTMENT OF DEFENSE

-MISC1-

Sec.

111. Executive department.

112. Department of Defense: seal.

113. Secretary of Defense.

114. Annual authorization of appropriations.

(114a. Renumbered.)

115. Personnel strengths: requirement for annual authorization.

115a. Annual manpower requirements report.

(115b. Renumbered.)

116. Annual operations and maintenance report.

117. Readiness reporting system: establishment; reporting to

congressional committees.

118. Quadrennial defense review.

119. Special access programs: congressional oversight.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title IX, Sec. 901(a)(2), Oct. 5,

1999, 113 Stat. 717, added item 118.

1998 - Pub. L. 105-261, div. A, title III, Sec. 373(a)(2), Oct.

17, 1998, 112 Stat. 1992, added item 117.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1671(b)(1), Oct.

5, 1994, 108 Stat. 3013, struck out item 115b ''Annual report on

National Guard and reserve component equipment''.

1992 - Pub. L. 102-484, div. A, title X, Sec. 1002(d)(1), Oct.

23, 1992, 106 Stat. 2480, struck out item 114a ''Multiyear Defense

Program: submission to Congress; consistency in budgeting''.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1402(a)(3)(B),

Nov. 5, 1990, 104 Stat. 1674, which directed amendment of item 114a

by substituting ''Multiyear'' for ''Five-year'', was executed by

substituting ''Multiyear'' for ''Five-Year'' as the probable intent

of Congress.

Pub. L. 101-510, div. A, title XIII, Sec. 1331(1), title XIV,

Sec. 1483(c)(1), Nov. 5, 1990, 104 Stat. 1673, 1715, substituted

''Personnel strengths: requirement for annual authorization'' for

''Annual authorization of personnel strengths; annual manpower

requirements report'' in item 115, added items 115a and 115b, and

struck out items 117 ''Annual report on North Atlantic Treaty

Organization readiness'' and 118 ''Sale or transfer of defense

articles: reports to Congress''.

1989 - Pub. L. 101-189, div. A, title XVI, Sec. 1602(a)(2), Nov.

29, 1989, 103 Stat. 1597, added item 114a.

1987 - Pub. L. 100-180, div. A, title XI, Sec. 1132(a)(2), Dec.

4, 1987, 101 Stat. 1152, added item 119.

1986 - Pub. L. 99-433, title I, Sec. 101(a)(1), Oct. 1, 1986, 100

Stat. 994, added chapter heading and analysis of sections for

chapter 2, consisting of items 111 to 118.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 20 section 1087vv.

-CITE-

10 USC Sec. 111 01/22/02

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 2 - DEPARTMENT OF DEFENSE

-HEAD-

Sec. 111. Executive department

-STATUTE-

(a) The Department of Defense is an executive department of the

United States.

(b) The Department is composed of the following:

(1) The Office of the Secretary of Defense.

(2) The Joint Chiefs of Staff.

(3) The Joint Staff.

(4) The Defense Agencies.

(5) Department of Defense Field Activities.

(6) The Department of the Army.

(7) The Department of the Navy.

(8) The Department of the Air Force.

(9) The unified and specified combatant commands.

(10) Such other offices, agencies, activities, and commands as

may be established or designated by law or by the President.

(11) All offices, agencies, activities, and commands under the

control or supervision of any element named in paragraphs (1)

through (10).

(c) If the President establishes or designates an office, agency,

activity, or command in the Department of Defense of a kind other

than those described in paragraphs (1) through (9) of subsection

(b), the President shall notify Congress not later than 60 days

thereafter.

-SOURCE-

(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat.

517, Sec. 131; renumbered Sec. 111 and amended Pub. L. 99-433,

title I, Sec. 101(a)(2), (b), Oct. 1, 1986, 100 Stat. 994, 995.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

131 5:171(a) (less last July 26, 1947, ch.

10 words), (b). 343, Sec. 201(a)

(less last 10

words), (b);

restated Aug. 10,

1949, ch. 412, Sec.

4 (1st (less last

10 words) and 2d

pars.), 63 Stat.

579.

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

The words ''There is established'', in 5 U.S.C. 171(a), are

omitted as executed. 5 U.S.C. 171(b) (1st 26 words) is omitted as

covered by the definitions of ''department'' and ''military

departments'' in section 101(5) and (7), respectively, of this

title. 5 U.S.C. 171(b) (27th through 49th words) is omitted as

executed. 5 U.S.C. 171(b) (last 18 words) is omitted as surplusage.

AMENDMENTS

1986 - Pub. L. 99-433 renumbered section 131 of this title as

this section, designated existing provisions as subsec. (a), and

added subsecs. (b) and (c).

-CHANGE-

CHANGE OF NAME

Pub. L. 104-106, div. A, title IX, Sec. 908, Feb. 10, 1996, 110

Stat. 406, provided that:

''(a) Redesignation. - The agency in the Department of Defense

known as the Advanced Research Projects Agency shall after the date

of the enactment of this Act (Feb. 10, 1996) be designated as the

Defense Advanced Research Projects Agency.

''(b) References. - Any reference in any law, regulation,

document, record, or other paper of the United States or in any

provision of this Act to the Advanced Research Projects Agency

shall be considered to be a reference to the Defense Advanced

Research Projects Agency.''

-MISC4-

SHORT TITLE OF 1986 AMENDMENT

Section 1(a) of Pub. L. 99-433 provided that: ''This Act (see

Tables for classification) may be cited as the 'Goldwater-Nichols

Department of Defense Reorganization Act of 1986'.''

TRANSFER OF FUNCTIONS

Missions and functions of elements of Department of Defense as

specified in classified annex to Pub. L. 104-201, and related

personnel, assets, and balances of appropriations and

authorizations of appropriations, transferred to National Imagery

and Mapping Agency, see sections 1111 and 1113 of Pub. L. 104-201,

set out as notes under section 441 of this title.

COMMISSION TO ASSESS UNITED STATES NATIONAL SECURITY SPACE

MANAGEMENT AND ORGANIZATION

Pub. L. 106-65, div. A, title XVI, subtitle C, Oct. 5, 1999, 113

Stat. 813, as amended by Pub. L. 106-398, Sec. 1 ((div. A), title

X, Sec. 1091), Oct. 30, 2000, 114 Stat. 1654, 1654A-300,

established Commission To Assess United States National Security

Space Management and Organization for purpose of assessing (1)

manner in which military space assets may be exploited to provide

support for United States military operations, (2) current

interagency coordination process regarding operation of national

security space assets, (3) relationship between intelligence and

nonintelligence aspects of national security space, and potential

costs and benefits of partial or complete merger of programs,

projects, (4) manner in which military space issues are addressed

by professional military education institutions, (5) potential

costs and benefits of establishing changes to existing

organizational structure of Department of Defense for national

security space management and organization, and (6) advisability of

certain actions relating to assignment of specified officers in

United States Space Command; and further provided for report to

Congress and Secretary of Defense on its findings and conclusions

not later than six months after first meeting, submission to

Congress by Secretary of Defense of assessment of Commission's

report not later than 90 days after submission of Commission's

report, and for termination of Commission 60 days after submission

of its report to Congress.

COMMISSION ON NATIONAL MILITARY MUSEUM

Pub. L. 106-65, div. B, title XXIX, Oct. 5, 1999, 113 Stat. 881,

as amended by Pub. L. 107-107, div. A, title X, Sec. 1048(g)(9),

Dec. 28, 2001, 115 Stat. 1228, provided that:

''SEC. 2901. ESTABLISHMENT.

''(a) Establishment. - There is hereby established a commission

to be known as the 'Commission on the National Military Museum' (in

this title referred to as the 'Commission').

''(b) Composition. - (1) The Commission shall be composed of 11

voting members appointed from among individuals who have an

expertise in military or museum matters as follows:

''(A) Five shall be appointed by the President.

''(B) Two shall be appointed by the Speaker of the House of

Representatives, in consultation with the chairman of the

Committee on Armed Services of the House of Representatives.

''(C) One shall be appointed by the minority leader of the

House of Representatives, in consultation with the ranking member

of the Committee on Armed Services of the House of

Representatives.

''(D) Two shall be appointed by the majority leader of the

Senate, in consultation with the chairman of the Committee on

Armed Services of the Senate.

''(E) One shall be appointed by the minority leader of the

Senate, in consultation with the ranking member of the Committee

on Armed Services of the Senate.

''(2) The following shall be nonvoting members of the Commission:

''(A) The Secretary of Defense.

''(B) The Secretary of the Army.

''(C) The Secretary of the Navy.

''(D) The Secretary of the Air Force.

''(E) The Secretary of Transportation.

''(F) The Secretary of the Smithsonian Institution.

''(G) The Chairman of the National Capital Planning Commission.

''(H) The Chairperson of the Commission of Fine Arts.

''(c) Chairman. - The President shall designate one of the

individuals first appointed to the Commission under subsection

(b)(1)(A) as the chairman of the Commission.

''(d) Period of Appointment; Vacancies. - Members shall be

appointed for the life of the Commission. Any vacancy in the

Commission shall be filled in the same manner as the original

appointment.

''(e) Initial Organization Requirements. - (1) All appointments

to the Commission shall be made not later than 90 days after the

date of the enactment of this Act (Oct. 5, 1999).

''(2) The Commission shall convene its first meeting not later

than 60 days after the date as of which all members of the

Commission have been appointed.

''SEC. 2902. DUTIES OF COMMISSION.

''(a) Study of National Military Museum. - The Commission shall

conduct a study in order to make recommendations to Congress

regarding an authorization for the construction of a national

military museum in the National Capital Area.

''(b) Study Elements. - In conducting the study, the Commission

shall do the following:

''(1) Determine whether existing military museums, historic

sites, and memorials in the United States are adequate -

''(A) to provide in a cost-effective manner for display of,

and interaction with, adequately visited and adequately

preserved artifacts and representations of the Armed Forces and

of the wars in which the United States has been engaged;

''(B) to honor the service to the United States of the active

and reserve members of the Armed Forces and the veterans of the

United States;

''(C) to educate current and future generations regarding the

Armed Forces and the sacrifices of members of the Armed Forces

and the Nation in furtherance of the defense of freedom; and

''(D) to foster public pride in the achievements and

activities of the Armed Forces.

''(2) Determine whether adequate inventories of artifacts and

representations of the Armed Forces and of the wars in which the

United States has been engaged are available, either in current

inventories or in private or public collections, for loan or

other provision to a national military museum.

''(3) Develop preliminary proposals for -

''(A) the dimensions and design of a national military museum

in the National Capital Area;

''(B) the location of the museum in that Area; and

''(C) the approximate cost of the final design and

construction of the museum and of the costs of operating the

museum.

''(c) Additional Duties. - If the Commission determines to

recommend that Congress authorize the construction of a national

military museum in the National Capital Area, the Commission shall

also, as a part of the study under subsection (a), do the

following:

''(1) Recommend not fewer than three sites for the museum

ranked by preference.

''(2) Propose a schedule for construction of the museum.

''(3) Assess the potential effects of the museum on the

environment, facilities, and roadways in the vicinity of the site

or sites where the museum is proposed to be located.

''(4) Recommend the percentages of funding for the museum to be

provided by the United States, State and local governments, and

private sources, respectively.

''(5) Assess the potential for fundraising for the museum

during the 20-year period following the authorization of

construction of the museum.

''(6) Assess and recommend various governing structures for the

museum, including a governing structure that places the museum

within the Smithsonian Institution.

''(d) Requirements for Location on Navy Annex Property. - In the

case of a recommendation under subsection (c)(1) to authorize

construction of a national military museum on the Navy Annex

property authorized for reservation for such purpose by section

2881(b) (113 Stat. 879), the design of the national military museum

on such property shall be subject to the following requirements:

''(1) The design shall be prepared in consultation with the

Superintendent of Arlington National Cemetery.

''(2) The design may not provide for access by vehicles to the

national military museum through Arlington National Cemetery.

''SEC. 2903. REPORT.

''The Commission shall, not later than 12 months after the date

of its first meeting, submit to Congress a report on its findings

and conclusions under this title, including any recommendations

under section 2902.

''SEC. 2904. POWERS.

''(a) Hearings. - The Commission or, at its direction, any panel

or member of the Commission, may, for the purpose of carrying out

the provisions of this title, hold hearings, sit and act at times

and places, take testimony, receive evidence, and administer oaths

to the extent that the Commission or any panel or member considers

advisable.

''(b) Information. - The Commission may secure directly from the

Department of Defense and any other Federal department or agency

information that the Commission considers necessary to enable the

Commission to carry out its responsibilities under this title.

''SEC. 2905. COMMISSION PROCEDURES.

''(a) Meetings. - The Commission shall meet at the call of the

chairman.

''(b) Quorum. - (1) Six of the members appointed under section

2901(b)(1) shall constitute a quorum other than for the purpose of

holding hearings.

''(2) The Commission shall act by resolution agreed to by a

majority of the members of the Commission.

''(c) Commission. - The Commission may establish panels composed

of less than full membership of the Commission for the purpose of

carrying out the Commission's duties. The actions of each such

panel shall be subject to the review and control of the Commission.

Any findings and determinations made by such a panel shall not be

considered the findings and determinations of the Commission unless

approved by the Commission.

''(d) Authority of Individuals To Act for Commission. - Any

member or agent of the Commission may, if authorized by the

Commission, take any action which the Commission is authorized to

take under this title.

''SEC. 2906. PERSONNEL MATTERS.

''(a) Pay of Members. - Members of the Commission appointed under

section 2901(b)(1) shall serve without pay by reason of their work

on the Commission.

''(b) Travel Expenses. - The members of the Commission shall be

allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter I of

chapter 57 of title 5, United States Code, while away from their

homes or regular places of business in the performance of services

for the Commission.

''(c) Staff. - (1) The chairman of the Commission may, without

regard to the provisions of title 5, United States Code, governing

appointments in the competitive service, appoint a staff director

and such additional personnel as may be necessary to enable the

Commission to perform its duties. The appointment of a staff

director shall be subject to the approval of the Commission.

''(2) The chairman of the Commission may fix the pay of the staff

director and other personnel without regard to the provisions of

chapter 51 and subchapter III of chapter 53 of title 5, United

States Code, relating to classification of positions and General

Schedule pay rates, except that the rate of pay fixed under this

paragraph for the staff director may not exceed the rate payable

for level V of the Executive Schedule under section 5316 of such

title and the rate of pay for other personnel may not exceed the

maximum rate payable for grade GS-15 of the General Schedule.

''(d) Detail of Government Employees. - Upon request of the

chairman of the Commission, the head of any Federal department or

agency may detail, on a nonreimbursable basis, any personnel of

that department or agency to the Commission to assist it in

carrying out its duties.

''(e) Procurement of Temporary and Intermittent Services. - The

chairman of the Commission may procure temporary and intermittent

services under section 3109(b) of title 5, United States Code, at

rates for individuals which do not exceed the daily equivalent of

the annual rate of basic pay payable for level V of the Executive

Schedule under section 5316 of such title.

''SEC. 2907. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

''(a) Postal and Printing Services. - The Commission may use the

United States mails and obtain printing and binding services in the

same manner and under the same conditions as other departments and

agencies of the United States.

''(b) Miscellaneous Administrative and Support Services. - The

Secretary of Defense shall furnish the Commission, on a

reimbursable basis, any administrative and support services

requested by the Commission.

''SEC. 2908. FUNDING.

''(a) In General. - Funds for activities of the Commission shall

be provided from amounts appropriated for the Department of Defense

for operation and maintenance for Defense-wide activities for

fiscal year 2000.

''(b) Request. - Upon receipt of a written certification from the

chairman of the Commission specifying the funds required for the

activities of the Commission, the Secretary of Defense shall

promptly disburse to the Commission, from such amounts, the funds

required by the Commission as stated in such certification.

''(c) Availability of Certain Funds. - Of the funds available for

activities of the Commission under this section, $2,000,000 shall

be available for the activities, if any, of the Commission under

section 2902(c).

''SEC. 2909. TERMINATION OF COMMISSION.

''The Commission shall terminate 60 days after the date of the

submission of its report under section 2903.''

PROHIBITION ON RESTRICTION OF ARMED FORCES UNDER KYOTO PROTOCOL TO

UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

Pub. L. 105-261, div. A, title XII, Sec. 1232, Oct. 17, 1998,

112 Stat. 2155, provided that:

''(a) In General. - Notwithstanding any other provision of law,

no provision of the Kyoto Protocol to the United Nations Framework

Convention on Climate Change, or any regulation issued pursuant to

such protocol, shall restrict the training or operations of the

United States Armed Forces or limit the military equipment procured

by the United States Armed Forces.

''(b) Waiver. - A provision of law may not be construed as

modifying or superseding the provisions of subsection (a) unless

that provision of law -

''(1) specifically refers to this section; and

''(2) specifically states that such provision of law modifies

or supersedes the provisions of this section.

''(c) Matters Not Affected. - Nothing in this section shall be

construed to preclude the Department of Defense from implementing

any measure to achieve efficiencies or for any other reason

independent of the Kyoto Protocol.''

APPLICABILITY OF CERTAIN PAY AUTHORITIES TO MEMBERS OF SPECIFIED

INDEPENDENT STUDY ORGANIZATIONS

Pub. L. 105-85, div. A, title X, Sec. 1081, Nov. 18, 1997, 111

Stat. 1916, provided that:

''(a) Applicability of Certain Pay Authorities. - (1) An

individual who is a member of a commission or panel specified in

subsection (b) and is an annuitant otherwise covered by section

8344 or 8468 of title 5, United States Code, by reason of

membership on the commission or panel is not subject to the

provisions of that section with respect to such membership.

''(2) An individual who is a member of a commission or panel

specified in subsection (b) and is a member or former member of a

uniformed service is not subject to the provisions of subsections

(b) and (c) of section 5532 of such title with respect to

membership on the commission or panel.

''(b) Specified Entities. - Subsection (a) applies -

''(1) effective as of September 23, 1996, to members of the

National Defense Panel established by section 924 of the National

Defense Authorization Act for Fiscal Year 1997 (Public Law

104-201; 110 Stat. 2626) (formerly set out below); and

''(2) effective as of October 9, 1996, to members of the

Commission on Servicemembers and Veterans Transition Assistance

established by section 701 of the Veterans' Benefits Improvements

Act of 1996 (Public Law 104-275; 110 Stat. 3346; 38 U.S.C. 545

note).''

MISSION OF WHITE HOUSE COMMUNICATIONS AGENCY

Pub. L. 104-201, div. A, title IX, Sec. 912, Sept. 23, 1996, 110

Stat. 2623, provided that:

''(a) Telecommunications Support. - The Secretary of Defense

shall ensure that the activities of the White House Communications

Agency in providing support services on a nonreimbursable basis for

the President from funds appropriated for the Department of Defense

for any fiscal year are limited to the provision of

telecommunications support to the President and Vice President and

to related elements (as defined in regulations of that agency and

specified by the President with respect to particular individuals

within those related elements).

''(b) Other Support. - Support services other than

telecommunications support services described in subsection (a) may

be provided by the Department of Defense for the President through

the White House Communications Agency on a reimbursable basis.

''(c) White House Communications Agency. - For purposes of this

section, the term 'White House Communications Agency' means the

element of the Department of Defense within the Defense

Communications Agency that is known on the date of the enactment of

this Act (Sept. 23, 1996) as the White House Communications Agency

and includes any successor agency.

''(d) Report on Issues Raised by DOD Inspector General Review of

White House Communications Agency. - Not later than October 1,

1996, or 30 days after the date of the enactment of this Act (Sept.

23, 1996), whichever is later, the Secretary of Defense shall

submit to Congress a report setting forth the actions taken by the

Secretary to address the issues raised by the report of the

Department of Defense Inspector General reviewing the mission of

the White House Communications Agency.

''(e) Quarterly Reports During Fiscal Year 1997. - Not later than

30 days after the end of each quarter of fiscal year 1997, the

Secretary of Defense shall submit to Congress a report describing

the support services other than telecommunications support services

described in subsection (a) that were provided during the preceding

quarter by the Department of Defense for the President through the

White House Communications Agency.

''(f) Effective Date. - This section takes effect on October 1,

1997, and applies to funds appropriated for the Department of

Defense for any fiscal year after fiscal year 1997.''

MILITARY FORCE STRUCTURE REVIEW

Pub. L. 104-201, div. A, title IX, subtitle B, Sept. 23, 1996,

110 Stat. 2623, directed Secretary of Defense, in consultation with

Chairman of the Joint Chiefs of Staff, to complete in 1997 a review

of defense program of United States, which was to include

comprehensive examination of defense strategy, force structure,

force modernization plans, infrastructure, budget plan, and other

elements of defense program and policies with view toward

determining and expressing defense strategy of United States and

establishing revised defense program through year 2005, further

established National Defense Panel to complete review and report to

Secretary not later than Dec. 1, 1997, further directed Secretary

to submit final report to Congress not later than Dec. 15, 1997,

and provided for termination of Panel 30 days after submission of

report to Secretary.

COMMISSION ON ROLES AND MISSIONS OF ARMED FORCES

Pub. L. 103-160, div. A, title IX, subtitle E, Nov. 30, 1993,

107 Stat. 1738, as amended by Pub. L. 103-337, div. A, title IX,

Sec. 923(a)(1), (2), (b)-(d), Oct. 5, 1994, 108 Stat. 2830, 2831,

provided that:

''SEC. 951. FINDINGS.

''Congress makes the following findings:

''(1) The current allocation of roles and missions among the

Armed Forces evolved from the practice during World War II to

meet the Cold War threat and may no longer be appropriate for the

post-Cold War era.

''(2) Many analysts believe that a realignment of those roles

and mission (sic) is essential for the efficiency and

effectiveness of the Armed Forces, particularly in light of lower

budgetary resources that will be available to the Department of

Defense in the future.

''(3) The existing process of a triennial review of roles and

missions by the Chairman of the Joint Chiefs of Staff pursuant to

provisions of law enacted by the Goldwater-Nichols Department of

Defense Reorganization Act of 1986 (see Short Title of 1986

Amendment note above) has not produced the comprehensive review

envisioned by Congress.

''(4) It is difficult for any organization, and may be

particularly difficult for the Department of Defense, to reform

itself without the benefit and authority provided by external

perspectives and analysis.

''SEC. 952. ESTABLISHMENT OF COMMISSION.

''(a) Establishment. - There is hereby established a commission

to be known as the Commission on Roles and Missions of the Armed

Forces (hereinafter in this subtitle referred to as the

'Commission').

''(b) Composition and Qualifications. - (1) The Commission shall

be composed of eleven members. Members of the Commission shall be

appointed by the Secretary of Defense.

''(2) The Commission shall be appointed from among private United

States citizens with appropriate and diverse military,

organizational, and management experiences and historical

perspectives.

''(3) The Secretary shall designate one of the members as

chairman of the Commission.

''(c) Period of Appointment; Vacancies. - Members shall be

appointed for the life of the Commission. Any vacancy in the

Commission shall not affect its powers, but shall be filled in the

same manner as the original appointment.

''(d) Initial Organizational Requirements. - (1) The Secretary

shall make all appointments to the Commission within 45 days after

the date of the enactment of this Act (Nov. 30, 1993).

''(2) The Commission shall convene its first meeting within 30

days after the first date on which all members of the Commission

have been appointed. At that meeting, the Commission shall develop

an agenda and a schedule for carrying out its duties.

''SEC. 953. DUTIES OF COMMISSION.

''(a) In General. - The Commission shall -

''(1) review the efficacy and appropriateness for the post-Cold

War era of the current allocations among the Armed Forces of

roles, missions, and functions;

''(2) evaluate and report on alternative allocations of those

roles, missions, and functions; and

''(3) make recommendations for changes in the current

definition and distribution of those roles, missions, and

functions.

''(b) Review of Potential Military Operations. - The Commission

shall review the types of military operations that may be required

in the post-Cold War era, taking into account the requirements for

success in various types of operations. As part of such review,

the Commission shall take into consideration the official strategic

planning of the Department of Defense. The types of operations to

be considered by the Commission as part of such review shall

include the following:

''(1) Defense of the United States.

''(2) Warfare against other national military forces.

''(3) Participation in peacekeeping, peace enforcement, and

other nontraditional activities.

''(4) Action against nuclear, chemical, and biological weapons

capabilities in hostile hands.

''(5) Support of law enforcement.

''(6) Other types of operations as specified by the chairman of

the Commission.

''(c) Commission To Define Broad Mission Areas and Key Support

Requirements. - As a result of the review under subsection (b), the

Commission shall define broad mission areas and key support

requirements for the United States military establishment as a

whole.

''(d) Development of Conceptual Framework for Organizational

Allocations. - The Commission shall develop a conceptual framework

for the review of the organizational allocation among the Armed

Forces of military roles, missions, and functions. In developing

that framework, the Commission shall consider -

''(1) static efficiency (such as duplicative overhead and

economies of scale);

''(2) dynamic effectiveness (including the benefits of

competition and the effect on innovation);

''(3) interoperability, responsiveness, and other aspects of

military effectiveness in the field;

''(4) gaps in mission coverage and so-called orphan missions

that are inadequately served by existing organizational entities;

''(5) division of responsibility on the battlefield;

''(6) exploitation of new technology and operational concepts;

''(7) the degree of disruption that a change in roles and

missions would entail;

''(8) the experience of other nations; and

''(9) the role of the Army National Guard of the United States,

the Air National Guard of the United States, and the other

reserve components.

''(e) Recommendations Concerning Military Roles and Missions. -

Based upon the conceptual framework developed under subsection (d)

to evaluate possible changes to the existing allocation among the

Armed Forces of military roles, missions, and functions, the

Commission shall recommend -

''(1) the functions for which each military department should

organize, train, and equip forces;

''(2) the missions of combatant commands; and

''(3) the roles that Congress should assign to the various

military elements of the Department of Defense, including the

Army National Guard of the United States, the Air National Guard

of the United States, and the other reserve components.

''(f) Recommendations Concerning Civilian Elements of Department

of Defense. - The Commission may address the roles, missions, and

functions of civilian portions of the Department of Defense and

other national security agencies to the extent that changes in

these areas are collateral to changes considered in military roles,

missions, and functions.

''(g) Recommendations Concerning Process for Future Changes. -

The Commission shall also recommend a process for continuing to

adapt the roles, missions, and functions of the Armed Forces to

future changes in technology and in the international security

environment.

''(h) Recommendations Concerning Reserve Components. - The

Commission shall also address the roles, missions, and functions of

the Army National Guard of the United States, the Air National

Guard of the United States, and the other reserve components within

the total force of the Armed Forces, particularly in light of lower

budgetary resources that will be available to the Department of

Defense in the future.

''(i) Recommendations Concerning Programs and Force Structure. -

The Commission may also recommend changes that would better align

programs and force structure with projected missions and threats.

''SEC. 954. REPORTS.

''(a) Implementation Plan. - Not later than three months after

the date on which all members of the Commission have been

appointed, the Commission shall transmit to the Committees on Armed

Services of the Senate and House of Representatives a report

setting forth its plan for the work of the Commission. The plan

shall be developed following discussions with the Secretary of

Defense, the Chairman of the Joint Chiefs of Staff, and the

chairmen of those committees.

''(b) Commission Report. - The Commission shall, not later than

one year after the date of its first meeting, submit to the

committees named in subsection (a) and to the Secretary of Defense

and the Chairman of the Joint Chiefs of Staff a report setting

forth the activities, findings, and recommendations of the

Commission, including any recommendations for legislation that the

Commission considers advisable.

''(c) Action by Secretary of Defense. - The Secretary of Defense,

after consultation with the Chairman of the Joint Chiefs of Staff,

shall submit comments on the Commission's report to the committees

referred to in subsection (b) not later than 90 days following

receipt of the report.

''SEC. 955. POWERS.

''(a) Hearings. - The Commission or, at its direction, any panel

or member of the Commission, may, for the purpose of carrying out

the provisions of this subtitle, hold hearings, sit and act at

times and places, take testimony, receive evidence, and administer

oaths to the extent that the Commission or any panel or member

considers advisable.

''(b) Information. - The Commission may secure directly from the

Department of Defense and any other Federal department or agency

any information that the Commission considers necessary to enable

the Commission to carry out its responsibilities under this

subtitle. Upon request of the chairman of the Commission, the head

of such department or agency shall furnish such information

expeditiously to the Commission.

''SEC. 956. COMMISSION PROCEDURES.

''(a) Meetings. - The Commission shall meet at the call of the

chairman.

''(b) Quorum. - (1) Seven members of the Commission shall

constitute a quorum, but a lesser number of members may hold

hearings.

''(2) The Commission shall act by resolution agreed to by a

majority of the members of the Commission.

''(c) Panels. - The Commission may establish panels composed of

less than the full membership of the Commission for the purpose of

carrying out the Commission's duties. The actions of each such

panel shall be subject to the review and control of the Commission.

Any findings and determinations made by such a panel shall not be

considered the findings and determinations of the Commission unless

approved by the Commission.

''(d) Authority of Individuals To Act for Commission. - Any

member or agent of the Commission may, if authorized by the

Commission, take any action which the Commission is authorized to

take under this subtitle.

''SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.

''(a) Pay of Members. - Each member of the Commission shall be

paid at a rate equal to the daily equivalent of the annual rate of

basic pay payable for level V of the Executive Schedule under

section 5316 of title 5, United States Code, for each day

(including travel time) during which the member is engaged in the

performance of the duties of the Commission. All members of the

Commission who are officers or employees of the United States shall

serve without pay in addition to that received for their services

as officers or employees of the United States.

''(b) Travel Expenses. - The members of the Commission shall be

allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter I of

chapter 57 of title 5, United States Code, while away from their

homes or regular places of business in the performance of services

for the Commission.

''(c) Staff. - (1) The chairman of the Commission may, without

regard to the provisions of title 5, United States Code, governing

appointments in the competitive service, appoint a staff director

and such additional personnel as may be necessary to enable the

Commission to perform its duties. The appointment of a staff

director shall be subject to the approval of the Commission.

''(2) The chairman of the Commission may fix the pay of the staff

director and other personnel without regard to the provisions of

chapter 51 and subchapter III of chapter 53 of title 5, United

States Code, relating to classification of positions and General

Schedule pay rates, except that the rate of pay fixed under this

paragraph for the staff director may not exceed the rate payable

for level V of the Executive Schedule under section 5316 of such

title and the rate of pay for other personnel may not exceed the

maximum rate payable for grade GS-15 of the General Schedule.

''(d) Detail of Government Employees. - Upon request of the

chairman of the Commission, the head of any Federal department or

agency may detail, on a nonreimbursable basis, any personnel of

that department or agency to the Commission to assist it in

carrying out its duties.

''(e) Procurement of Temporary and Intermittent Services. - The

chairman of the Commission may procure temporary and intermittent

services under section 3109(b) of title 5, United States Code, at

rates for individuals which do not exceed the daily equivalent of

the annual rate of basic pay payable for level V of the Executive

Schedule under section 5316 of such title.

''(f) FFRDC Support. - (1) Upon the request of the chairman of

the Commission, the Secretary of Defense shall make available to

the Commission, without reimbursement, the services of any

federally funded research and development center that is covered by

a sponsoring agreement of the Department of Defense. The cost of

the services made available under this subsection may not exceed

$20,000,000.

''(2) Notwithstanding any other provision of law, any analytic

support or related services provided by such a center to the

Commission shall not be subject to any overall ceiling established

by this or any other Act on the activities or budgets of such

centers.

''SEC. 958. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

''(a) Postal and Printing Services. - The Commission may use the

United States mails and obtain printing and binding services in the

same manner and under the same conditions as other departments and

agencies of the Federal Government.

''(b) Miscellaneous Administrative and Support Services. - The

Secretary of Defense shall furnish the Commission, on a

reimbursable basis, any administrative and support services

requested by the Commission.

''(c) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property.

''(d) Travel. - To the maximum extent practicable, the members

and employees of the Commission shall travel on military aircraft,

military ships, military vehicles, or other military conveyances

when travel is necessary in the performance of a responsibility of

the Commission, except that no such aircraft, ship, vehicle, or

other conveyance may be scheduled primarily for the transportation

of any such member or employee when the cost of commercial

transportation is less expensive.

''SEC. 959. PAYMENT OF COMMISSION EXPENSES.

''The compensation, travel expenses, and per diem allowances of

members and employees of the Commission shall be paid out of funds

available to the Department of Defense for the payment of

compensation, travel allowances, and per diem allowances,

respectively, of civilian employees of the Department of Defense.

The other expenses of the Commission shall be paid out of funds

available to the Department of Defense for the payment of similar

expenses incurred by that Department.

''SEC. 960. TERMINATION OF THE COMMISSION.

''The Commission shall terminate on the last day of the sixteenth

month that begins after the date of its first meeting, but not

earlier than 30 days after the date of the Secretary of Defense's

submission of comments on the Commission's report.''

(Pub. L. 103-337, div. A, title IX, Sec. 923(a)(3), (4), Oct. 5,

1994, 108 Stat. 2830, provided that:

(''(3) The additional members of the Commission on Roles and

Missions of the Armed Forces authorized by the amendment made by

paragraph (1) (amending section 952(b)(1) of Pub. L. 103-160, set

out above) shall be appointed by the Secretary of Defense not later

than 30 days after the date of the enactment of this Act (Oct. 5,

1994).

(''(4) At least one of the additional members of the Commission

appointed pursuant to the amendment made by paragraph (1) shall

have previous military experience and management experience with

the reserve components.'')

TERMINATION OF DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS

DETERMINED BY SECRETARY OF DEFENSE TO BE UNNECESSARY OR

INCOMPATIBLE WITH EFFICIENT MANAGEMENT OF DEPARTMENT OF DEFENSE

Pub. L. 103-160, div. A, title XI, Sec. 1151, Nov. 30, 1993, 107

Stat. 1758, provided that:

''(a) Termination of Report Requirements. - Unless otherwise

provided by a law enacted after the date of the enactment of this

Act (Nov. 30, 1993), each provision of law requiring the submittal

to Congress (or any committee of Congress) of any report specified

in the list submitted under subsection (b) shall, with respect to

that requirement, cease to be effective on October 30, 1995.

''(b) Preparation of List. - (1) The Secretary of Defense shall

submit to Congress a list of each provision of law that, as of the

date specified in subsection (c), imposes upon the Secretary of

Defense (or any other officer of the Department of Defense) a

reporting requirement described in paragraph (2). The list of

provisions of law shall include a statement or description of the

report required under each such provision of law.

''(2) Paragraph (1) applies to a requirement imposed by law to

submit to Congress (or specified committees of Congress) a report

on a recurring basis, or upon the occurrence of specified events,

if the Secretary determines that the continued requirement to

submit that report is unnecessary or incompatible with the

efficient management of the Department of Defense.

''(3) The Secretary shall submit with the list an explanation,

for each report specified in the list, of the reasons why the

Secretary considers the continued requirement to submit the report

to be unnecessary or incompatible with the efficient management of

the Department of Defense.

''(c) Submission of List. - The list under subsection (a) shall

be submitted not later than April 30, 1994.

''(d) Scope of Section. - For purposes of this section, the term

'report' includes a certification, notification, or other

characterization of a communication.

''(e) Interpretation of Section. - This section does not require

the Secretary of Defense to review each report required of the

Department of Defense by law.''

REPORT PROVISIONS PREVIOUSLY TERMINATED BY GOLDWATER-NICHOLS ACT

Pub. L. 101-510, div. A, title XIII, Sec. 1321, Nov. 5, 1990,

104 Stat. 1670, provided that section 1322 of Pub. L. 101-510, with

respect to Goldwater-Nichols terminations, repeals certain

provisions of law containing terminated report requirements and

section 1323 of Pub. L. 101-510, with respect to such terminations,

restores effectiveness of selected other provisions of law

containing such requirements and described Goldwater-Nichols

terminations for purposes of such repeals or restorations.

RESTORATION OF CERTAIN REPORTING REQUIREMENTS OF TITLE 10

TERMINATED BY GOLDWATER-NICHOLS ACT

Pub. L. 101-510, div. A, title XIII, Sec. 1323, Nov. 5, 1990,

104 Stat. 1672, restored effectiveness of following report and

notification provisions previously terminated by section 602(c) of

the Goldwater-Nichols Department of Defense Reorganization Act of

1986, Pub. L. 99-433, formerly set out below: (1) the quarterly

report required by section 127(c) of this title relating to

emergency and extraordinary expenses, (2) the notifications

required by section 2672a(b) of this title relating to urgent

acquisitions of interests in land, (3) the notifications required

by section 7308(c) of this title relating to the transfer or gift

of obsolete, condemned, or captured vessels, and (4) the

notifications required by section 7309(b) of this title relating to

construction or repair of vessels in foreign shipyards.

GOLDWATER-NICHOLS DEPARTMENT OF DEFENSE REORGANIZATION ACT OF 1986;

CONGRESSIONAL DECLARATION OF POLICY

Section 3 of Pub. L. 99-433 provided that: ''In enacting this Act

(see Short Title of 1986 Amendment note above), it is the intent of

Congress, consistent with the congressional declaration of policy

in section 2 of the National Security Act of 1947 (50 U.S.C. 401) -

''(1) to reorganize the Department of Defense and strengthen

civilian authority in the Department;

''(2) to improve the military advice provided to the President,

the National Security Council, and the Secretary of Defense;

''(3) to place clear responsibility on the commanders of the

unified and specified combatant commands for the accomplishment

of missions assigned to those commands;

''(4) to ensure that the authority of the commanders of the

unified and specified combatant commands is fully commensurate

with the responsibility of those commanders for the

accomplishment of missions assigned to their commands;

''(5) to increase attention to the formulation of strategy and

to contingency planning;

''(6) to provide for more efficient use of defense resources;

''(7) to improve joint officer management policies; and

''(8) otherwise to enhance the effectiveness of military

operations and improve the management and administration of the

Department of Defense.''

REDUCTION OF REPORTING REQUIREMENTS

Section 602 of Pub. L. 99-433, as amended by Pub. L. 100-180,

div. A, title XIII, Sec. 1314(a)(4), Dec. 4, 1987, 101 Stat. 1175;

Pub. L. 101-189, div. A, title II, Sec. 243, Nov. 29, 1989, 103

Stat. 1402; Pub. L. 101-510, div. A, title XIII, Sec. 1324, Nov.

5, 1990, 104 Stat. 1673; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6,

1991, 105 Stat. 406, directed Secretary of Defense to compile a

list of all provisions of law in effect on or after Oct. 1, 1986,

and before Feb. 1, 1987, which require President or any official or

employee of Department of Defense to submit a report, notification,

or study to Congress or any committee of Congress and to submit

this list not later than six months after Oct. 1, 1986, with any

recommendation or draft of legislation to implement any changes in

law recommended by the Secretary.

LEGISLATION TO MAKE REQUIRED CONFORMING CHANGES IN LAW

Section 604 of Pub. L. 99-433 directed Secretary of Defense, not

later than six months after Oct. 1, 1986, to submit to Committees

on Armed Services of Senate and House of Representatives a draft of

legislation to make any technical and conforming changes to title

10, United States Code, and other provisions of law that are

required or should be made by reason of the amendments made by Pub.

L. 99-433.

READINESS STATUS OF MILITARY FORCES OF THE NORTH ATLANTIC TREATY

ORGANIZATION; ASSESSMENT, FINDINGS, AND REPORT TO CONGRESSIONAL

COMMITTEES

Pub. L. 96-107, title VIII, Sec. 808, Nov. 9, 1979, 93 Stat. 814,

which directed Secretary of Defense to report annually to Congress

on readiness of military forces of NATO, was repealed and restated

as section 133a (renumbered Sec. 117 and repealed) of this title by

Pub. L. 97-295, Sec. 1(2)(A), 6(b), Oct. 12, 1982, 96 Stat. 1287,

1314.

DEFENSE MANPOWER COMMISSION

Pub. L. 93-155, title VII, Sec. 701-708, Nov. 16, 1973, 87 Stat.

609-611, established the Commission; provided for its composition,

duties, powers, compensation, staff, appropriations, and use of

General Services Administration; and directed that interim reports

to President and Congress be submitted and that Commission

terminate 60 days after its final report which was to be submitted

not more than 24 months after appointment of Commission.

AIR FORCE RESERVE AND AIR NATIONAL GUARD OF UNITED STATES; STUDY

AND INVESTIGATION OF RELATIVE STATUS; ADVANTAGES AND DISADVANTAGES

OF ALTERNATIVES; MODERNIZATION AND MANPOWER NEEDS; REPORT TO

PRESIDENT AND CONGRESS

Pub. L. 93-155, title VIII, Sec. 810, Nov. 16, 1973, 87 Stat.

618, directed the Secretary of Defense to study the relative status

of the Air Force Reserve and the Air National Guard of the United

States; to measure the effects on costs and combat capability as

well as other advantages and disadvantages of (1) merging the

Reserve into the Guard, (2) merging the Guard into the Reserve, and

(3) retaining the status quo; and to consider the modernization

needs and manpower problems of both; and also directed that a

report of such study be submitted to the President and to the

Congress no later than Jan. 31, 1975.

REORGANIZATION PLAN NO. 6 OF 1953

Eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, as amended Aug. 6,

1958, Pub. L. 85-559, Sec. 10(b), 72 Stat. 521; Sept. 7, 1962,

Pub. L. 87-651, title III, Sec. 307C, 76 Stat. 526

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, April 30, 1953,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.).

DEPARTMENT OF DEFENSE

SECTION 1. TRANSFERS OF FUNCTIONS

(a) All functions of the Munitions Board, the Research and

Development Board, the Defense Supply Management Agency, and the

Director of Installations are hereby transferred to the Secretary

of Defense.

(b) The selection of the Director of the Joint Staff by the Joint

Chiefs of Staff, and his tenure, shall be subject to the approval

of the Secretary of Defense.

(c) The selection of the members of the Joint Staff by the Joint

Chiefs of Staff, and their tenure, shall be subject to the approval

of the Chairman of the Joint Chiefs of Staff.

(d) The functions of the Joint Chiefs of Staff with respect to

managing the Joint Staff and the Director thereof are hereby

transferred to the Chairman of the Joint Chiefs of Staff.

SEC. 2. ABOLITION OF AGENCIES AND FUNCTIONS

(a) There are hereby abolished the Munitions Board, the Research

and Development Board, and the Defense Supply Management Agency.

(b) The offices of Chairman of the Munitions Board, Chairman of

the Research and Development Board, Director of the Defense Supply

Management Agency, Deputy Director of the Defense Supply Management

Agency, and Director of Installations are hereby abolished.

(c) The Secretary of Defense shall provide for winding up any

outstanding affairs of the said abolished agency, boards, and

offices, not otherwise provided for in this reorganization plan.

(d) The function of guidance to the Munitions Board in connection

with strategic and logistic plans as required by section 213(c) of

the National Security Act of 1947, as amended (section 171h(c) of

former Title 5), is hereby abolished.

SEC. 3. ASSISTANT SECRETARIES OF DEFENSE

(Repealed. Pub. L. 85-599, Sec. 10(b), Aug. 6, 1958, 72 Stat.

521, eff. six months after Aug. 6, 1958. Section authorized

appointment of six additional Assistant Secretaries and prescribed

their duties and compensation.)

SEC. 4. GENERAL COUNSEL

(Repealed. Pub. L. 87-651, title III, Sec. 307C, Sept. 7, 1962,

76 Stat. 526. Section authorized appointment of a General Counsel

for the Department of Defense. See section 140 of this title.)

SEC. 5. PERFORMANCE OF FUNCTIONS

(Repealed. Pub. L. 87-651, title III, Sec. 307C, Sept. 7, 1962,

76 Stat. 526. Section authorized the Secretary of Defense from time

to time to make such provisions as he deemed appropriate

authorizing the performance by any other officer, or by any agency

or employee, of the Department of any function of the Secretary.

See section 113 of this title.)

SEC. 6. MISCELLANEOUS PROVISIONS

(a) The Secretary of Defense may from time to time effect such

transfers within the Department of Defense of any of the records,

property, and personnel affected by this reorganization plan, and

such transfers of unexpended balances (available or to be made

available for use in connection with any affected function or

agency) of appropriations, allocations, and other funds of such

Department, as he deems necessary to carry out the provisions of

this reorganization plan.

(b) Nothing herein shall affect the compensation of the Chairman

of the Military Liaison Committee (63 Stat. 762).

-EXEC-

EXECUTIVE ORDER NO. 12049

Ex. Ord. No. 12049, Mar. 27, 1978, 43 F.R. 13363, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No.

12608, Sept. 9, 1987, 52 F.R. 34617, which provided for

establishment of Defense Economic Adjustment Program and continued

the Economic Adjustment Committee, was superseded by Ex. Ord. No.

12788, Jan. 15, 1992, 57 F.R. 2213, set out as a note under section

2391 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2304 of this title.

-CITE-

10 USC Sec. 112 01/22/02

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 2 - DEPARTMENT OF DEFENSE

-HEAD-

Sec. 112. Department of Defense: seal

-STATUTE-

The Secretary of Defense shall have a seal for the Department of

Defense. The design of the seal is subject to approval by the

President. Judicial notice shall be taken of the seal.

-SOURCE-

(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat.

517, Sec. 132; renumbered Sec. 112 and amended Pub. L. 99-433,

title I, Sec. 101(a)(2), 110(d)(1), Oct. 1, 1986, 100 Stat. 994,

1002.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

132 5:171a(e). July 26, 1947, ch.

343, Sec. 202(e);

added Aug. 10,

1949, ch. 412, Sec.

5 (10th par.), 63

Stat. 580.

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

AMENDMENTS

1986 - Pub. L. 99-433 renumbered section 132 of this title as

this section and substituted ''Department of Defense: seal'' for

''Seal'' in section catchline.

-CITE-

10 USC Sec. 113 01/22/02

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 2 - DEPARTMENT OF DEFENSE

-HEAD-

Sec. 113. Secretary of Defense

-STATUTE-

(a) There is a Secretary of Defense, who is the head of the

Department of Defense, appointed from civilian life by the

President, by and with the advice and consent of the Senate. A

person may not be appointed as Secretary of Defense within 10 years

after relief from active duty as a commissioned officer of a

regular component of an armed force.

(b) The Secretary is the principal assistant to the President in

all matters relating to the Department of Defense. Subject to the

direction of the President and to this title and section 2 of the

National Security Act of 1947 (50 U.S.C. 401), he has authority,

direction, and control over the Department of Defense.

(c)(1) The Secretary shall report annually in writing to the

President and the Congress on the expenditures, work, and

accomplishments of the Department of Defense during the period

covered by the report, together with -

(A) a report from each military department on the expenditures,

work, and accomplishments of that department;

(B) itemized statements showing the savings of public funds,

and the eliminations of unnecessary duplications, made under

sections 125 and 191 of this title; and

(C) such recommendations as he considers appropriate.

(2) At the same time that the Secretary submits the annual report

under paragraph (1), the Secretary shall transmit to the President

and Congress a separate report from the Reserve Forces Policy Board

on the reserve programs of the Department of Defense and on any

other matters that the Reserve Forces Policy Board considers

appropriate to include in the report.

(d) Unless specifically prohibited by law, the Secretary may,

without being relieved of his responsibility, perform any of his

functions or duties, or exercise any of his powers through, or with

the aid of, such persons in, or organizations of, the Department of

Defense as he may designate.

(e)(1) The Secretary shall include in his annual report to

Congress under subsection (c) -

(A) a description of the major military missions and of the

military force structure of the United States for the next fiscal

year;

(B) an explanation of the relationship of those military

missions to that force structure; and

(C) the justification for those military missions and that

force structure.

(2) In preparing the matter referred to in paragraph (1), the

Secretary shall take into consideration the content of the annual

national security strategy report of the President under section

108 of the National Security Act of 1947 (50 U.S.C. 404a) for the

fiscal year concerned.

(f) When a vacancy occurs in an office within the Department of

Defense and the office is to be filled by a person appointed from

civilian life by the President, by and with the advice and consent

of the Senate, the Secretary of Defense shall inform the President

of the qualifications needed by a person serving in that office to

carry out effectively the duties and responsibilities of that

office.

(g)(1) The Secretary of Defense, with the advice and assistance

of the Chairman of the Joint Chiefs of Staff, shall provide

annually to the heads of Department of Defense components written

policy guidance for the preparation and review of the program

recommendations and budget proposals of their respective

components. Such guidance shall include guidance on -

(A) national security objectives and policies;

(B) the priorities of military missions; and

(C) the resource levels projected to be available for the

period of time for which such recommendations and proposals are

to be effective.

(2) The Secretary of Defense, with the approval of the President

and after consultation with the Chairman of the Joint Chiefs of

Staff, shall provide to the Chairman written policy guidance for

the preparation and review of contingency plans. Such guidance

shall be provided every two years or more frequently as needed and

shall include guidance on the specific force levels and specific

supporting resource levels projected to be available for the period

of time for which such plans are to be effective.

(h) The Secretary of Defense shall keep the Secretaries of the

military departments informed with respect to military operations

and activities of the Department of Defense that directly affect

their respective responsibilities.

(i)(1) The Secretary of Defense shall transmit to Congress each

year a report that contains a comprehensive net assessment of the

defense capabilities and programs of the armed forces of the United

States and its allies as compared with those of their potential

adversaries.

(2) Each such report shall -

(A) include a comparison of the defense capabilities and

programs of the armed forces of the United States and its allies

with the armed forces of potential adversaries of the United

States and allies of the United States;

(B) include an examination of the trends experienced in those

capabilities and programs during the five years immediately

preceding the year in which the report is transmitted and an

examination of the expected trends in those capabilities and

programs during the period covered by the future-years defense

program submitted to Congress during that year pursuant to

section 221 of this title;

(C) include a description of the means by which the Department

of Defense will maintain the capability to reconstitute or expand

the defense capabilities and programs of the armed forces of the

United States on short notice to meet a resurgent or increased

threat to the national security of the United States;

(D) reflect, in the overall assessment and in the strategic and

regional assessments, the defense capabilities and programs of

the armed forces of the United States specified in the budget

submitted to Congress under section 1105 of title 31 in the year

in which the report is submitted and in the five-year defense

program submitted in such year; and

(E) identify the deficiencies in the defense capabilities of

the armed forces of the United States in such budget and such

five-year defense program.

(3) The Secretary shall transmit to Congress the report required

for each year under paragraph (1) at the same time that the

President submits the budget to Congress under section 1105 of

title 31 in that year. Such report shall be transmitted in both

classified and unclassified form.

(j)(1) Not later than April 8 of each year, the Secretary of

Defense shall submit to the Committee on Armed Services and the

Committee on Appropriations of the Senate and the Committee on

Armed Services and the Committee on Appropriations of the House of

Representatives a report on the cost of stationing United States

forces outside of the United States. Each such report shall include

a detailed statement of the following:

(A) Costs incurred in the United States and costs incurred

outside the United States in connection with the stationing of

United States forces outside the United States.

(B) The costs incurred outside the United States in connection

with operating, maintaining, and supporting United States forces

outside the United States, including all direct and indirect

expenditures of United States funds in connection with such

stationing.

(C) The effect of such expenditures outside the United States

on the balance of payments of the United States.

(2) Each report under this subsection shall be prepared in

consultation with the Secretary of Commerce.

(3) In this subsection, the term ''United States'', when used in

a geographic sense, includes the territories and possessions of the

United States.

(k) The Secretary of Defense, with the advice and assistance of

the Chairman of the Joint Chiefs of Staff, shall provide annually

to the Secretaries of the military departments and to the

commanders of the combatant commands written guidelines to direct

the effective detection and monitoring of all potential aerial and

maritime threats to the national security of the United States.

Those guidelines shall include guidance on the specific force

levels and specific supporting resources to be made available for

the period of time for which the guidelines are to be in effect.

(l) The Secretary shall include in the annual report to Congress

under subsection (c) the following:

(1) A comparison of the amounts provided in the defense budget

for support and for mission activities for each of the preceding

five fiscal years.

(2) A comparison of the number of military and civilian

personnel, shown by major occupational category, assigned to

support positions and to mission positions for each of the

preceding five fiscal years.

(3) An accounting, shown by service and by major occupational

category, of the number of military and civilian personnel

assigned to support positions during each of the preceding five

fiscal years.

(4) A listing of the number of military and civilian personnel

assigned to management headquarters and headquarters support

activities as a percentage of military end-strength for each of

the preceding five fiscal years.

(m) Information To Accompany Funding Request for Contingency

Operation. - Whenever the President submits to Congress a request

for appropriations for costs associated with a contingency

operation that involves, or likely will involve, the deployment of

more than 500 members of the armed forces, the Secretary of Defense

shall submit to Congress a report on the objectives of the

operation. The report shall include a discussion of the following:

(1) What clear and distinct objectives guide the activities of

United States forces in the operation.

(2) What the President has identified on the basis of those

objectives as the date, or the set of conditions, that defines

the endpoint of the operation.

-SOURCE-

(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat.

517, Sec. 133; amended Pub. L. 96-513, title V, Sec. 511(3), Dec.

12, 1980, 94 Stat. 2920; Pub. L. 97-252, title XI, Sec. 1105, Sept.

8, 1982, 96 Stat. 739; Pub. L. 97-295, Sec. 1(1), Oct. 12, 1982, 96

Stat. 1287; renumbered Sec. 113 and amended Pub. L. 99-433, title

I, Sec. 101(a)(2), 102, 110(b)(2), (d)(2), title III, Sec.

301(b)(2), title VI, Sec. 603(b), Oct. 1, 1986, 100 Stat. 994, 996,

1002, 1022, 1075; Pub. L. 100-26, Sec. 7(d)(1), Apr. 21, 1987, 101

Stat. 280; Pub. L. 100-180, div. A, title XII, Sec. 1214, Dec. 4,

1987, 101 Stat. 1157; Pub. L. 100-370, Sec. 1(o)(1), July 19, 1988,

102 Stat. 850; Pub. L. 100-456, div. A, title VII, Sec. 731, title

XI, Sec. 1101, Sept. 29, 1988, 102 Stat. 2003, 2042; Pub. L.

101-189, div. A, title XVI, Sec. 1622(c)(1), Nov. 29, 1989, 103

Stat. 1604; Pub. L. 101-510, div. A, title XIII, Sec. 1322(a)(1),

Nov. 5, 1990, 104 Stat. 1671; Pub. L. 102-190, div. A, title III,

Sec. 341, Dec. 5, 1991, 105 Stat. 1343; Pub. L. 103-337, div. A,

title X, Sec. 1070(a)(1), title XVI, Sec. 1671(c)(2), Oct. 5, 1994,

108 Stat. 2855, 3014; Pub. L. 104-106, div. A, title XV, Sec.

1501(a)(8)(B), 1502(a)(3), 1503(a)(1), Feb. 10, 1996, 110 Stat.

495, 502, 510; Pub. L. 104-201, div. A, title XII, Sec. 1255(c),

Sept. 23, 1996, 110 Stat. 2698; Pub. L. 105-85, div. A, title IX,

Sec. 903, Nov. 18, 1997, 111 Stat. 1854; Pub. L. 105-261, div. A,

title IX, Sec. 915(a), title XII, Sec. 1212(b), Oct. 17, 1998, 112

Stat. 2101, 2152; Pub. L. 106-65, div. A, title X, Sec. 1067(1),

Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

Historical and Revision Notes

1962 Act

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

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

Large)

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

133(a) 133(b) 133(c) 5:171(a) (last 10 July 26, 1947, ch.

133(d) words). 5:171a(a). 343, Sec. 201(a)

5:171a(b). (last 10 words),

5:171a(d). 5:171a- 202(a),(b);

1. 5:171a(f). restated Aug. 10,

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

applicable to 4 (last 10 words of

5:171a(f)). 1st par.), 5 (1st

and 2d pars.), 63

Stat. 579, 580.

(Uncodified: 1953 July 26, 1947, ch.

Reorg. Plan No. 6, 343, Sec. 202(d);

Sec. 5, eff. June added Apr. 2, 1949,

30, 1953, 67 Stat. ch. 47, Sec. 1;

639). 5:171n(a). restated Aug. 10,

1949, ch. 412, Sec.

5 (9th par.);

restated Aug. 6,

1958, Pub. L. 85-

599, Sec. 3(b), 72

Stat. 516.

July 26, 1947, ch.

343, Sec. 202(f);

added Aug. 10,

1949, ch. 412, Sec.

5 (11th par.), 63

Stat. 581.

July 26, 1947, ch.

343, Sec. 308(a)

(as applicable to

Sec. 202(f)), 61

Stat. 509.

July 9, 1952, ch.

608, Sec. 257(e),

66 Stat. 497; Sept.

3, 1954, ch. 1257,

Sec. 702(c), 68

Stat. 1189.

1953 Reorg. Plan No.

6, Sec. 5, eff.

June 30, 1953, 67

Stat. 639.

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

In subsection (a), the last sentence is substituted for 5 U.S.C.

171a(a) (proviso).

In subsection (b), the words ''this title and section 401 of

title 50'' are substituted for 5 U.S.C. 171a(b) (13th through 30th

words of last sentence), since those words merely described the

coverage of this title and section 401 of title 50.

In subsection (c), the words ''during the period covered by the

report'' are inserted for clarity. The following substitutions are

made: ''under section 125 of this title'' for ''pursuant to the

provisions of this Act'' since 125 of this title relates to the

duty of the Secretary of Defense to take action to save public

funds and to eliminate duplication in the Department of Defense;

and the last 22 words of clause (3) for 5 U.S.C. 171a-1 (last 13

words).

In subsection (d), section 5 of 1953 Reorganization Plan No. 6 is

omitted as covered by 5 U.S.C. 171a(f).

1982 Act

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

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

Large)

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

133(e) 10:133 (note). Oct. 7, 1975, Pub.

L. 94-106, Sec.

812, 89 Stat. 540.

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

The words ''prepare and'' are omitted as surplus.

1988 ACT

Subsection (k) is based on Pub. L. 100-202, Sec. 101(b) (title

VIII, Sec. 8042), 101 Stat. 1329-69.

Section 8042 of the FY88 Defense Appropriations Act (Public Law

100-202) established a requirement for the Secretary of Defense to

submit an annual report on the cost of stationing United States

forces overseas. Under that section, the annual report is to be

sent to the Committees on Appropriations of the two Houses. In

codifying that section as section 113(k) of title 10, the committee

added the two Armed Services Committees as committees to be sent

the annual report. This minor change from the source law does not

change the nature of the report to be submitted.

The committee notes that the source section does not specify the

period of time to be covered by the report. In the absence of

statutory language specifying the period to be covered by the

report, it would seem reasonable to conclude that the report should

cover the previous fiscal year. The committee notes, however, that

the report of the Senate Appropriations Committee on its FY88

defense appropriations bill (S. Rpt. 100-235) states that this new

annual report ''should cover the budget years and the 2 previous

fiscal years'' (page 54). The committee believes that such a

requirement may be unnecessarily burdensome and in any case, if

such a requirement is intended, should be stated in the statute.

In the absence of clear intent, the provision is proposed to be

codified without specifying the period of time to be covered by the

annual report.

In codifying this provision, the committee also changed the term

''United States troops'' in the source law to ''United States

forces'' for consistency in usage in title 10 and as being

preferable usage. No change in meaning is intended. The committee

also changed ''overseas'' to ''outside the United States'' and

defined ''United States'' for this purpose to include the

territories and possessions of the United States. The committee was

concerned that the term ''overseas'' read literally could include

Hawaii or Guam, an interpretation clearly not intended in enacting

section 8042. The committee notes that the Senate report referred

to above states ''For the purposes of this report (meaning the new

DOD annual report), U.S. forces stationed overseas are considered

to be those outside of the United States and its territories.''.

The committee extrapolates from this statement that provisions in

the report requirement relating to expenditures ''overseas'' and

costs incurred ''overseas'' are also to be construed as relating to

matters outside the United States and its territories and has

prepared the codified provision accordingly.

AMENDMENTS

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

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

Security'' in introductory provisions.

1998 - Subsec. (l). Pub. L. 105-261, Sec. 915(a), added subsec.

(l).

Subsec. (m). Pub. L. 105-261, Sec. 1212(b), added subsec. (m).

1997 - Subsec. (g)(2). Pub. L. 105-85 struck out ''annually''

after ''Staff, shall provide'' and inserted ''be provided every two

years or more frequently as needed and shall'' after ''Such

guidance shall''.

1996 - Subsec. (c). Pub. L. 104-201, Sec. 1255(c)(2)-(5),

inserted ''(1)'' after ''(c)'', redesignated former pars. (1), (2),

and (4) as subpars. (A), (B), and (C), respectively, inserted

''and'' at end of subpar. (B), and added par. (2).

Subsec. (c)(3). Pub. L. 104-201, Sec. 1255(c)(1), struck out par.

(3) which read as follows: ''a report from the Reserve Forces

Policy Board on the reserve programs of the Department of Defense,

including a review of the effectiveness of chapters 51, 337, 361,

363, 549, 573, 837, 861 and 863 of this title, as far as they apply

to reserve officers; and''.

Pub. L. 104-106, Sec. 1501(a)(8)(B), made technical correction to

directory language of Pub. L. 103-337, Sec. 1671(c)(2). See 1994

Amendment note below.

Subsec. (i)(2)(B). Pub. L. 104-106, Sec. 1503(a)(1), substituted

''the period covered by the future-years defense program submitted

to Congress during that year pursuant to section 221'' for ''the

five years covered by the five-year defense program submitted to

Congress during that year pursuant to section 114(g)''.

Subsec. (j)(1). Pub. L. 104-106, Sec. 1502(a)(3), substituted

''Committee on Armed Services and the Committee on Appropriations

of the Senate and the Committee on National Security and the

Committee on Appropriations of the'' for ''Committees on Armed

Services and Committees on Appropriations of the Senate and''.

1994 - Subsec. (c)(3). Pub. L. 103-337, Sec. 1671(c)(2), as

amended by Pub. L. 104-106, Sec. 1501(a)(8)(B), which directed the

substitution of ''1219 and 1401 through 1411 of this title'' for

''51, 337, 361, 363, 549, 573, 837, 861 and 863 of this title, as

far as they apply to reserve officers'', effective Oct. 1, 1996,

could not be executed because of the intervening amendment by Pub.

L. 104-201, Sec. 1255(c)(1). See 1996 Amendment note above.

Subsec. (e)(2). Pub. L. 103-337, Sec. 1070(a)(1), substituted

''section 108'' for ''section 104''.

1991 - Subsec. (i)(2)(C) to (E). Pub. L. 102-190 added subpar.

(C) and redesignated former subpars. (C) and (D) as (D) and (E),

respectively.

1990 - Subsecs. (i) to (l). Pub. L. 101-510 redesignated subsecs.

(j) to (l) as (i) to (k), respectively, and struck out former

subsec. (i) which read as follows: ''The Secretary of Defense shall

submit to Congress a written report, not later than February 15 of

each fiscal year, recommending the amount of funds to be

appropriated to the Department of Defense for the next fiscal year

for functions relating to the formulation and carrying out of

Department of Defense policies on the control of technology

transfer and activities related to the control of technology

transfer. The Secretary shall include in that report the proposed

allocation of the funds requested for such purpose and the number

of personnel proposed to be assigned to carry out such activities

during such fiscal year.''

1989 - Subsec. (j)(2)(B). Pub. L. 101-189 substituted ''five-year

defense program'' for ''Five-Year Defense Program''.

1988 - Subsec. (j). Pub. L. 100-456, Sec. 731, designated

existing provisions as par. (1), struck out provision requiring

that each report be transmitted in both a classified and an

unclassified form, and added pars. (2) and (3).

Subsec. (k). Pub. L. 100-370 added subsec. (k).

Subsec. (l). Pub. L. 100-456, Sec. 1101, added subsec. (l).

1987 - Subsec. (e)(2). Pub. L. 100-26 inserted ''(50 U.S.C.

404a)'' after ''National Security Act of 1947''.

Subsec. (j). Pub. L. 100-180 added subsec. (j).

1986 - Pub. L. 99-433, Sec. 110(d)(2), struck out '':

appointment; powers and duties; delegation by'' at end of section

catchline.

Subsecs. (a) to (e). Pub. L. 99-443, Sec. 101(a)(2), redesignated

subsecs. (a) to (e) of section 133 of this title as subsecs. (a) to

(e) of this section.

Pub. L. 99-433, Sec. 301(b)(2), substituted ''sections 125 and

191'' for ''section 125'' in subsec. (c)(2).

Pub. L. 99-433, Sec. 603(b), amended subsec. (e) generally.

Prior to amendment, subsec. (e) read as follows: ''After consulting

with the Secretary of State, the Secretary of Defense shall submit

to the Committees on Armed Services of the Senate and House of

Representatives before February 1 of each year a written report on

-

''(1) the foreign policy and military force structure for the

next fiscal year;

''(2) the relationship of that policy and structure to each

other; and

''(3) the justification for the policy and structure.''

Subsecs. (f) to (h). Pub. L. 99-433, Sec. 102, added subsecs. (f)

to (h).

Subsec. (i). Pub. L. 99-433, Sec. 101(a)(2), 110(b)(2),

successively redesignated subsec. (h) of section 138 of this title

as subsec. (h) of section 114 of this title and then as subsec. (i)

of this section.

1982 - Subsec. (e). Pub. L. 97-295 added subsec. (e).

Subsec. (i) (formerly Sec. 138(h)). Pub. L. 97-252, Sec. 1105,

added subsec. (h). See 1986 Amendment note above.

1980 - Subsec. (b). Pub. L. 96-513 substituted ''section 2 of the

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

of title 50''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(f)(3) of Pub. L. 104-106 provided that: ''The

amendments made by this section (see Tables for classification)

shall take effect as if included in the Reserve Officer Personnel

Management Act (Pub. L. 103-337, div. A, title XVI) as enacted on

October 5, 1994.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 1671(c)(2) of Pub. L. 103-337 effective Oct.

1, 1996, see section 1691(b)(1) of Pub. L. 103-337, set out as an

Effective Date note under section 10001 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under various sections delegated to

Secretary of Defense, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R.

4759, as amended by Ex. Ord. No. 11294, Aug. 4, 1966, 31 F.R.

10601; see Ex. Ord. No. 10661, Feb. 27, 1956, 21 F.R. 1315; see Ex.

Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841; all set out as notes

under section 301 of Title 3, The President.

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to

Secretary of Defense, see Parts 1, 2, and 5 of Ex. Ord. No. 12656,

Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195

of Title 42, The Public Health and Welfare.

-MISC5-

ORDER OF SUCCESSION

For order of succession in event of death, disability, or

resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61

F.R. 18483, set out as a note under section 3345 of Title 5,

Government Organization and Employees.

POLICY CONCERNING RIGHTS OF INDIVIDUALS WHOSE NAMES HAVE BEEN

ENTERED INTO DEPARTMENT OF DEFENSE OFFICIAL CRIMINAL INVESTIGATIVE

REPORTS

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 552), Oct. 30,

2000, 114 Stat. 1654, 1654A-125, provided that:

''(a) Policy Requirement. - The Secretary of Defense shall

establish a policy creating a uniform process within the Department

of Defense that -

''(1) affords any individual who, in connection with the

investigation of a reported crime, is designated (by name or by

any other identifying information) as a suspect in the case in

any official investigative report, or in a central index for

potential retrieval and analysis by law enforcement

organizations, an opportunity to obtain a review of that

designation; and

''(2) requires the expungement of the name and other

identifying information of any such individual from such report

or index in any case in which it is determined the entry of such

identifying information on that individual was made contrary to

Department of Defense requirements.

''(b) Effective Date. - The policy required by subsection (a)

shall be established not later than 120 days after the date of the

enactment of this Act (Oct. 30, 2000).''

TEST OF ABILITY OF RESERVE COMPONENT INTELLIGENCE UNITS AND

PERSONNEL TO MEET CURRENT AND EMERGING DEFENSE INTELLIGENCE NEEDS

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 576), Oct. 30,

2000, 114 Stat. 1654, 1654A-138, provided that:

''(a) Test Program Required. - (1) Beginning not later than June

1, 2001, the Secretary of Defense shall conduct a three-year test

program of reserve component intelligence units and personnel. The

purpose of the test program shall be -

''(A) to determine the most effective peacetime structure and

operational employment of reserve component intelligence assets

for meeting current and future Department of Defense peacetime

operational intelligence requirements; and

''(B) to establish a means to coordinate and transition that

peacetime intelligence operational support network into use for

meeting wartime requirements.

''(2) The test program shall be carried out using the Joint

Reserve Intelligence Program and appropriate reserve component

intelligence units and personnel.

''(3) In conducting the test program, the Secretary of Defense

shall expand the current Joint Reserve Intelligence Program as

needed to meet the objectives of the test program.

''(b) Oversight Panel. - The Secretary shall establish an

oversight panel to structure the test program so as to achieve the

objectives of the test program, ensure proper funding for the test

program, and oversee the conduct and evaluation of the test

program. The panel members shall include -

''(1) the Assistant Secretary of Defense for Command, Control,

Communications and Intelligence;

''(2) the Assistant Secretary of Defense for Reserve Affairs;

and

''(3) representatives from the Defense Intelligence Agency, the

Army, Navy, Air Force, and Marine Corps, the Joint Staff, and the

combatant commands.

''(c) Test Program Objectives. - The test program shall have the

following objectives:

''(1) To identify the range of peacetime roles and missions

that are appropriate for reserve component intelligence units and

personnel, including the following missions: counterdrug,

counterintelligence, counterterrorism, information operations,

information warfare, and other emerging threats.

''(2) To recommend a process for justifying and validating

reserve component intelligence force structure and manpower to

support the peacetime roles and missions identified under

paragraph (1) and to establish a means to coordinate and

transition that peacetime operational support network and

structure into wartime requirements.

''(3) To provide, pursuant to paragraphs (1) and (2), the basis

for new or revised intelligence and reserve component policy

guidelines for the peacetime use, organization, management,

infrastructure, and funding of reserve component intelligence

units and personnel.

''(4) To determine the most effective structure, organization,

manning, and management of Joint Reserve Intelligence Centers to

enable them to be both reserve training facilities and virtual

collaborative production facilities in support of Department of

Defense peacetime operational intelligence requirements.

''(5) To determine the most effective uses of technology for

virtual collaborative intelligence operational support during

peacetime and wartime.

''(6) To determine personnel and career management initiatives

or modifications that are required to improve the recruiting and

retention of personnel in the reserve component intelligence

specialties and occupational skills.

''(7) To identify and make recommendations for the elimination

of statutory prohibitions and barriers to using reserve component

intelligence units and individuals to carry out peacetime

operational requirements.

''(d) Reports. - The Secretary of Defense shall submit to

Congress -

''(1) interim reports on the status of the test program not

later than July 1, 2002, and July 1, 2003; and

''(2) a final report, with such recommendations for changes as

the Secretary considers necessary, not later than December 1,

2004.''

STUDY ON CIVILIAN PERSONNEL SERVICES

Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec. 1105), Oct. 30,

2000, 114 Stat. 1654, 1654A-311, provided that:

''(a) Study Required. - The Secretary of Defense shall assess the

manner in which personnel services are provided for civilian

personnel in the Department of Defense and determine whether -

''(1) administration of such services should continue to be

centralized in individual military services and Defense Agencies

or whether such services should be centralized within designated

geographical areas to provide services to all Department of

Defense elements;

''(2) offices that perform such services should be established

to perform specific functions rather than cover an established

geographical area;

''(3) processes and functions of civilian personnel offices

should be reengineered to provide greater efficiency and better

service to management and employees of the Department of Defense;

and

''(4) efficiencies could be gained by public-private

competition of the delivery of any of the personnel services for

civilian personnel of the Department of Defense.

''(b) Report. - Not later than January 1, 2002, the Secretary of

Defense shall submit a report on the study, including

recommendations, to the Committees on Armed Services of the Senate

and the House of Representatives. The report shall include the

Secretary's assessment of the items described in subsection (a),

and, if appropriate, a proposal for a demonstration program to test

the concepts developed under the study. The Secretary may also

include any recommendations for legislation or other actions that

the Secretary considers appropriate to increase the effectiveness

and efficiency of the delivery of personnel services with respect

to civilian personnel of the Department of Defense.''

PILOT PROGRAM FOR REENGINEERING EQUAL EMPLOYMENT OPPORTUNITY

COMPLAINT PROCESS

Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec. 1111), Oct. 30,

2000, 114 Stat. 1654, 1654A-312, provided that:

''(a) Pilot Program. - (1) The Secretary of Defense shall carry

out a pilot program to improve processes for the resolution of

equal employment opportunity complaints by civilian employees of

the Department of Defense. Complaints processed under the pilot

program shall be subject to the procedural requirements established

for the pilot program and shall not be subject to the procedural

requirements of part 1614 of title 29 of the Code of Federal

Regulations or other regulations, directives, or regulatory

restrictions prescribed by the Equal Employment Opportunity

Commission.

''(2) The pilot program shall include procedures to reduce

processing time and eliminate redundancy with respect to processes

for the resolution of equal employment opportunity complaints,

reinforce local management and chain-of-command accountability, and

provide the parties involved with early opportunity for resolution.

''(3) The Secretary may carry out the pilot program for a period

of three years, beginning on January 1, 2001.

''(4)(A) Participation in the pilot program shall be voluntary on

the part of the complainant. Complainants who participate in the

pilot program shall retain the right to appeal a final agency

decision to the Equal Employment Opportunity Commission and to file

suit in district court. The Equal Employment Opportunity

Commission shall not reverse a final agency decision on the grounds

that the agency did not comply with the regulatory requirements

promulgated by the Commission.

''(B) Subparagraph (A) shall apply to all cases -

''(i) pending as of January 1, 2001, before the Equal

Employment Opportunity Commission involving a civilian employee

who filed a complaint under the pilot program of the Department

of the Navy to improve processes for the resolution of equal

employment opportunity complaints; and

''(ii) hereinafter filed with the Commission under the pilot

program established by this section.

''(5) The pilot program shall be carried out in at least one

military department and two Defense Agencies.

''(b) Report. - Not later than 90 days following the end of the

first and last full or partial fiscal years during which the pilot

program is implemented, the Comptroller General shall submit to

Congress a report on the pilot program. Such report shall contain

the following:

''(1) A description of the processes tested by the pilot

program.

''(2) The results of such testing.

''(3) Recommendations for changes to the processes for the

resolution of equal employment opportunity complaints as a result

of such pilot program.

''(4) A comparison of the processes used, and results obtained,

under the pilot program to traditional and alternative dispute

resolution processes used in the government or private

industry.''

WORK SAFETY DEMONSTRATION PROGRAM

Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec. 1112), Oct. 30,

2000, 114 Stat. 1654, 1654A-313, provided that:

''(a) Establishment. - The Secretary of Defense shall carry out a

defense employees work safety demonstration program.

''(b) Private Sector Work Safety Models. - Under the

demonstration program, the Secretary shall -

''(1) adopt for use in the workplace of civilian employees of

the Department of Defense such work safety models used by

employers in the private sector that the Secretary considers as

being representative of the best work safety practices in use by

private sector employers; and

''(2) determine whether the use of those practices in the

Department of Defense improves the work safety record of

Department of Defense employees.

''(c) Sites. - (1) The Secretary shall carry out the

demonstration program -

''(A) at not fewer than two installations of each of the Armed

Forces (other than the Coast Guard), for employees of the

military department concerned; and

''(B) in at least two Defense Agencies (as defined in section

101(a)(11) of title 10, United States Code).

''(2) The Secretary shall select the installations and Defense

Agencies from among the installations and Defense Agencies listed

in the Federal Worker 2000 Presidential Initiative.

''(d) Period for Program. - The demonstration program shall begin

not later than 180 days after the date of the enactment of this Act

(Oct. 30, 2000) and shall terminate on September 30, 2002.

''(e) Reports. - (1) The Secretary of Defense shall submit an

interim report on the demonstration program to the Committees on

Armed Services of the Senate and the House of Representatives not

later than December 1, 2001. The interim report shall contain, at a

minimum, for each site of the demonstration program the following:

''(A) A baseline assessment of the lost workday injury rate.

''(B) A comparison of the lost workday injury rate for fiscal

year 2000 with the lost workday injury rate for fiscal year 1999.

''(C) The direct and indirect costs associated with all lost

workday injuries.

''(2) The Secretary of Defense shall submit a final report on the

demonstration program to the Committees on Armed Services of the

Senate and the House of Representatives not later than December 1,

2002. The final report shall contain, at a minimum, for each site

of the demonstration program the following:

''(A) The Secretary's determination on the issue described in

subsection (b)(2).

''(B) A comparison of the lost workday injury rate under the

program with the baseline assessment of the lost workday injury

rate.

''(C) The lost workday injury rate for fiscal year 2002.

''(D) A comparison of the direct and indirect costs associated

with all lost workday injuries for fiscal year 2002 with the

direct and indirect costs associated with all lost workday

injuries for fiscal year 2001.

''(f) Funding. - Of the amount authorized to be appropriated

under section 301(5) (114 Stat. 1654A-52), $5,000,000 shall be

available for the demonstration program under this section.''

GAO STUDY ON BENEFITS AND COSTS OF UNITED STATES MILITARY

ENGAGEMENT IN EUROPE

Pub. L. 106-398, Sec. 1 ((div. A), title XII, Sec. 1223), Oct.

30, 2000, 114 Stat. 1654, 1654A-328, provided that:

''(a) Comptroller General Study. - The Comptroller General shall

conduct a study assessing the benefits and costs to the United

States and United States national security interests of the

engagement of United States forces in Europe and of United States

military strategies used to shape the international security

environment in Europe.

''(b) Matters To Be Included. - The study shall include an

assessment of the following matters:

''(1) The benefits and costs to the United States of having

forces stationed in Europe and assigned to areas of regional

conflict such as Bosnia and Kosovo.

''(2) The benefits and costs associated with stationing United

States forces in Europe and with assigning those forces to areas

of regional conflict, including an analysis of the benefits and

costs of deploying United States forces with the forces of

European allies.

''(3) The amount and type of the following kinds of

contributions to European security made by European allies in

1999 and 2000:

''(A) Financial contributions.

''(B) Contributions of military personnel and units.

''(C) Contributions of nonmilitary personnel, such as medical

personnel, police officers, judicial officers, and other civic

officials.

''(D) Contributions, including contributions in kind, for

humanitarian and reconstruction assistance and infrastructure

building or activities that contribute to regional stability,

whether in lieu of or in addition to military-related

contributions.

''(4) The extent to which a forward United States military

presence compensates for existing shortfalls of air and sea lift

capability in the event of regional conflict in Europe or the

Middle East.

''(c) Report. - The Comptroller General shall submit to the

Committees on Armed Services of the Senate and House of

Representatives a report on the results of the study not later than

December 1, 2001.''

ESTABLISHMENT OF LOGISTICS STANDARDS FOR SUSTAINED MILITARY

OPERATIONS

Pub. L. 106-65, div. A, title III, Sec. 366, Oct. 5, 1999, 113

Stat. 578, provided that:

''(a) Establishment of Standards. - The Secretary of each

military department shall establish, for deployable units of each

of the Armed Forces under the jurisdiction of the Secretary,

standards regarding -

''(1) the level of spare parts that the units must have on

hand; and

''(2) similar logistics and sustainment needs of the units.

''(b) Basis for Standards. - The standards to be established for

a unit under subsection (a) shall be based upon the following:

''(1) The unit's wartime mission, as reflected in the

war-fighting plans of the relevant combatant commanders.

''(2) An assessment of the likely requirement for sustained

operations under each such war-fighting plan.

''(3) An assessment of the likely requirement for that unit to

conduct sustained operations in an austere environment, while

drawing exclusively on its own internal logistics capabilities.

''(c) Sufficiency Capabilities. - The standards to be established

by the Secretary of a military department under subsection (a)

shall reflect those spare parts and similar logistics capabilities

that the Secretary considers sufficient for the units of each of

the Armed Forces under the Secretary's jurisdiction to successfully

execute their missions under the conditions described in subsection

(b).

''(d) Relation to Readiness Reporting System. - The standards

established under subsection (a) shall be taken into account in

designing the comprehensive readiness reporting system for the

Department of Defense required by section 117 of title 10, United

States Code, and shall be an element in determining a unit's

readiness status.

''(e) Relation to Annual Funding Needs. - The Secretary of

Defense shall consider the standards established under subsection

(a) in establishing the annual funding requirements for the

Department of Defense.

''(f) Reporting Requirement. - The Secretary of Defense shall

include in the annual report required by section 113(c) of title

10, United States Code, an analysis of the then current spare

parts, logistics, and sustainment standards of the Armed Forces, as

described in subsection (a), including any shortfalls and the cost

of addressing these shortfalls.''

USE OF SMART CARD TECHNOLOGY IN THE DEPARTMENT OF DEFENSE

Pub. L. 106-65, div. A, title III, Sec. 373(a)-(g), Oct. 5,

1999, 113 Stat. 580, 581, provided that:

''(a) Department of Navy as Lead Agency. - The Department of the

Navy shall serve as the lead agency for the development and

implementation of a Smart Card program for the Department of

Defense.

''(b) Cooperation of Other Military Departments. - The Department

of the Army and the Department of the Air Force shall each

establish a project office and cooperate with the Department of the

Navy to develop implementation plans for exploiting the capability

of Smart Card technology as a means for enhancing readiness and

improving business processes throughout the military departments.

''(c) Senior Coordinating Group. - (1) Not later than November

30, 1999, the Secretary of Defense shall establish a senior

coordinating group to develop and implement -

''(A) Department-wide interoperability standards for use of

Smart Card technology; and

''(B) a plan to exploit Smart Card technology as a means for

enhancing readiness and improving business processes.

''(2) The senior coordinating group shall be chaired by a

representative of the Secretary of the Navy and shall include

senior representatives from each of the Armed Forces and such other

persons as the Secretary of Defense considers appropriate.

''(3) Not later than March 31, 2000, the Secretary of Defense

shall submit to the Committee on Armed Services of the Senate and

the Committee on Armed Services of the House of Representatives a

report containing a detailed discussion of the progress made by the

senior coordinating group in carrying out its duties.

''(d) Role of Department of Defense Chief Information Office. -

The senior coordinating group established under subsection (c)

shall report to and receive guidance from the Department of Defense

Chief Information Office.

''(e) Increased Use Targeted to Certain Naval Regions. - Not

later than November 30, 1999, the Secretary of the Navy shall

establish a business plan to implement the use of Smart Cards in

one major Naval region of the continental United States that is in

the area of operations of the United States Atlantic Command and

one major Naval region of the continental United States that is in

the area of operations of the United States Pacific Command. The

regions selected shall include a major fleet concentration area.

The implementation of the use of Smart Cards in each region shall

cover the Navy and Marine Corps bases and all non-deployed units in

the region. The Secretary of the Navy shall submit the business

plan to the congressional defense committees (Committees on Armed

Services and Appropriations of the Senate and the House of

Representatives).

''(f) Funding for Increased Use of Smart Cards. - Of the funds

authorized to be appropriated for the Navy by section 102(a)(4)

(113 Stat. 530) or 301(2) (113 Stat. 557), the Secretary of the

Navy -

''(1) shall allocate such amounts as may be necessary, but not

to exceed $30,000,000, to ensure that significant progress is

made toward complete implementation of the use of Smart Card

technology in the Department of the Navy; and

''(2) may allocate additional amounts for the conversion of

paper-based records to electronic media for records systems that

have been modified to use Smart Card technology.

''(g) Definitions. - In this section:

''(1) The term 'Smart Card' means a credit card-size device,

normally for carrying and use by personnel, that contains one or

more integrated circuits and may also employ one or more of the

following technologies:

''(A) Magnetic stripe.

''(B) Bar codes, linear or two-dimensional.

''(C) Non-contact and radio frequency transmitters.

''(D) Biometric information.

''(E) Encryption and authentication.

''(F) Photo identification.

''(2) The term 'Smart Card technology' means a Smart Card

together with all of the associated information technology

hardware and software that comprise the system for support and

operation.''

SECRETARY OF DEFENSE REVIEW OF ARMY TECHNICIAN COSTING PROCESS

Pub. L. 106-65, div. A, title V, Sec. 526, Oct. 5, 1999, 113

Stat. 600, required Secretary of Defense to review process used by

the Army to develop estimates of annual authorizations and

appropriations required for civilian personnel of Department of the

Army generally and for National Guard and Army Reserve technicians

in particular and to report on results of review to the Committees

on Armed Services of the Senate and House of Representatives not

later than Mar. 31, 2000.

SURVEY OF MEMBERS LEAVING MILITARY SERVICE ON ATTITUDES TOWARD

MILITARY SERVICE

Pub. L. 106-65, div. A, title V, Sec. 581, Oct. 5, 1999, 113

Stat. 633, provided that:

''(a) Exit Survey. - The Secretary of Defense shall develop and

implement, as part of outprocessing activities, a survey on

attitudes toward military service to be completed by all members of

the Armed Forces who during the period beginning on January 1,

2000, and ending on June 30, 2000, are voluntarily discharged or

separated from the Armed Forces or transfer from a regular

component to a reserve component.

''(b) Matters To Be Covered. - The survey shall, at a minimum,

cover the following subjects:

''(1) Reasons for leaving military service.

''(2) Command climate.

''(3) Attitude toward leadership.

''(4) Attitude toward pay and benefits.

''(5) Job satisfaction during service as a member of the Armed

Forces.

''(6) Plans for activities after separation (such as enrollment

in school, use of Montgomery GI Bill benefits, and work).

''(7) Affiliation with a reserve component, together with the

reasons for affiliating or not affiliating, as the case may be.

''(8) Such other matters as the Secretary determines

appropriate to the survey concerning reasons why military

personnel are leaving military service.

''(c) Report to Congress. - Not later than October 1, 2000, the

Secretary shall submit to Congress a report containing the results

of the survey under subsection (a). The Secretary shall compile the

information in the report so as to assist in assessing reasons why

military personnel are leaving military service.''

ANNUAL REPORT ON UNITED STATES MILITARY ACTIVITIES IN COLOMBIA

Pub. L. 106-65, div. A, title X, Sec. 1025, Oct. 5, 1999, 113

Stat. 748, provided that: ''Not later than January 1 of each year,

the Secretary of Defense shall submit to the Committee on Armed

Services and the Committee on Foreign Relations of the Senate and

the Committee on Armed Services and the Committee on International

Relations of the House of Representatives a report detailing the

number of members of the United States Armed Forces deployed or

otherwise assigned to duty in Colombia at any time during the

preceding year, the length and purpose of the deployment or

assignment, and the costs and force protection risks associated

with such deployments and assignments.''

REPORT ON NATO DEFENSE CAPABILITIES INITIATIVE

Pub. L. 106-65, div. A, title X, Sec. 1039, Oct. 5, 1999, 113

Stat. 756, provided that:

''(a) Findings. - Congress makes the following findings:

''(1) At the meeting of the North Atlantic Council held in

Washington, DC, in April 1999, the NATO Heads of State and

Governments launched a Defense Capabilities Initiative.

''(2) The Defense Capabilities Initiative is designed to

improve the defense capabilities of the individual nations of the

NATO Alliance to ensure the effectiveness of future operations

across the full spectrum of Alliance missions in the present and

foreseeable security environment.

''(3) Under the Defense Capabilities Initiative, special focus

will be given to improving interoperability among Alliance forces

and to increasing defense capabilities through improvements in

the deployability and mobility of Alliance forces, the

sustainability and logistics of those forces, the survivability

and effective engagement capability of those forces, and command

and control and information systems.

''(4) The successful implementation of the Defense Capabilities

Initiative will serve to enable all members of the Alliance to

make a more equitable contribution to the full spectrum of

Alliance missions, thereby increasing burdensharing within the

Alliance and enhancing the ability of European members of the

Alliance to undertake operations pursuant to the European

Security and Defense Identity within the Alliance.

''(b) Annual Report. - (1) Not later than January 31 of each

year, the Secretary of Defense shall submit to the Committees on

Armed Services and Foreign Relations of the Senate and the

Committees on Armed Services and International Relations of the

House of Representatives a report, to be prepared in consultation

with the Secretary of State, on implementation of the Defense

Capabilities Initiative by the nations of the NATO Alliance. The

report shall include the following:

''(A) A discussion of the work of the temporary High-Level

Steering Group, or any successor group, established to oversee

the implementation of the Defense Capabilities Initiative and to

meet the requirement of coordination and harmonization among

relevant planning disciplines.

''(B) A description of the actions taken, including

implementation of the Multinational Logistics Center concept and

development of the C3 system architecture, by the Alliance as a

whole to further the Defense Capabilities Initiative.

''(C) A description of the actions taken by each member of the

Alliance other than the United States to improve the capabilities

of its forces in each of the following areas:

''(i) Interoperability with forces of other Alliance members.

''(ii) Deployability and mobility.

''(iii) Sustainability and logistics.

''(iv) Survivability and effective engagement capability.

''(v) Command and control and information systems.

''(2) The report shall be submitted in unclassified form, but may

also be submitted in classified form if necessary.''

COMMEMORATION OF THE VICTORY OF FREEDOM IN THE COLD WAR

Pub. L. 106-65, div. A, title X, Sec. 1053, Oct. 5, 1999, 113

Stat. 764, as amended by Pub. L. 107-107, div. A, title X, Sec.

1048(g)(7), Dec. 28, 2001, 115 Stat. 1228, provided that:

''(a) Findings. - Congress makes the following findings:

''(1) The Cold War between the United States and its allies and

the former Union of Soviet Socialist Republics and its allies was

the longest and most costly struggle for democracy and freedom in

the history of mankind.

''(2) Whether millions of people all over the world would live

in freedom hinged on the outcome of the Cold War.

''(3) Democratic countries bore the burden of the struggle and

paid the costs in order to preserve and promote democracy and

freedom.

''(4) The Armed Forces and the taxpayers of the United States

bore the greatest portion of that burden and struggle in order to

protect those principles.

''(5) Tens of thousands of United States soldiers, sailors,

airmen, and Marines paid the ultimate price during the Cold War

in order to preserve the freedoms and liberties enjoyed in

democratic countries.

''(6) The Berlin Wall erected in Berlin, Germany, epitomized

the totalitarianism that the United States struggled to eradicate

during the Cold War.

''(7) The fall of the Berlin Wall on November 9, 1989, was a

major event of the Cold War.

''(8) The Soviet Union collapsed on December 25, 1991.

''(b) Sense of Congress. - It is the sense of Congress that the

President should issue a proclamation calling on the people of the

United States to observe the victory in the Cold War with

appropriate ceremonies and activities.

''(c) Participation of Armed Forces in Celebration of End of Cold

War. - (1) Subject to paragraphs (2), (3), and (4), amounts

authorized to be appropriated by section 301 (113 Stat. 556) may be

available for costs of the Armed Forces in participating in a

celebration of the end of the Cold War to be held in Washington,

District of Columbia.

''(2) The total amount of funds available under paragraph (1) for

the purpose set forth in that paragraph shall not exceed

$5,000,000.

''(3) The Secretary of Defense may accept contributions from the

private sector for the purpose of reducing the costs of the Armed

Forces described in paragraph (1). The amount of funds available

under paragraph (1) for the purpose set forth in that paragraph

shall be reduced by an amount equal to the amount of contributions

accepted by the Secretary under the preceding sentence.

''(4) The funding authorized in paragraph (1) shall not be

available until 30 days after the date upon which the plan required

by subsection (d) is submitted.

''(d) Report. - (1) The President shall transmit to Congress -

''(A) a report on the content of the proclamation referred to

in subsection (b); and

''(B) a plan for appropriate ceremonies and activities.

''(2) The plan submitted under paragraph (1) shall include the

following:

''(A) A discussion of the content, location, date, and time of

each ceremony and activity included in the plan.

''(B) The funding allocated to support those ceremonies and

activities.

''(C) The organizations and individuals consulted while

developing the plan for those ceremonies and activities.

''(D) A list of private sector organizations and individuals

that are expected to participate in each ceremony and activity.

''(E) A list of local, State, and Federal agencies that are

expected to participate in each ceremony and activity.

''(e) Commission on Victory in the Cold War. - (1) There is

hereby established a commission to be known as the 'Commission on

Victory in the Cold War'.

''(2) The Commission shall be composed of twelve members, as

follows:

''(A) Two shall be appointed by the President.

''(B) Three shall be appointed by the Speaker of the House of

Representatives.

''(C) Two shall be appointed by the minority leader of the

House of Representatives.

''(D) Three shall be appointed by the majority leader of the

Senate.

''(E) Two shall be appointed by the minority leader of the

Senate.

''(3) The Commission shall review and make recommendations

regarding the celebration of the victory in the Cold War, to

include the date of the celebration, usage of facilities,

participation of the Armed Forces, and expenditure of funds.

''(4) The Secretary shall -

''(A) consult with the Commission on matters relating to the

celebration of the victory in the Cold War;

''(B) reimburse Commission members for expenses relating to

participation of Commission members in Commission activities from

funds made available under subsection (c); and

''(C) provide the Commission with administrative support.

''(5) The Commission shall be co-chaired by two members as

follows:

''(A) One selected by and from among those appointed pursuant

to subparagraphs (A), (C), and (E) of paragraph (2).

''(B) One selected by and from among those appointed pursuant

to subparagraphs (B) and (D) of paragraph (2).''

ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S REPUBLIC OF CHINA

Pub. L. 106-65, div. A, title XII, Sec. 1202, Oct. 5, 1999, 113

Stat. 781, as amended by Pub. L. 107-107, div. A, title XII, Sec.

1221, Dec. 28, 2001, 115 Stat. 1252, provided that:

''(a) Annual Report. - Not later than March 1 each year, the

Secretary of Defense shall submit to the specified congressional

committees a report, in both classified and unclassified form, on

the current and future military strategy of the People's Republic

of China. The report shall address the current and probable future

course of military-technological development on the People's

Liberation Army and the tenets and probable development of Chinese

grand strategy, security strategy, and military strategy, and of

military organizations and operational concepts, through the next

20 years.

''(b) Matters To Be Included. - Each report under this section

shall include analyses and forecasts of the following:

''(1) The goals of Chinese g