TITLE 10 - US CODE - PART I - ORGANIZATION AND GENERAL MILITARY POWERS

TITLE 10 - US CODE - CHAPTER 1 - DEFINITIONS

10 USC 101 - Definitions

(a) In General.— 
The following definitions apply in this title:
(1) The term United States, in a geographic sense, means the States and the District of Columbia.
[(2) Repealed. Pub. L. 109–163, div. A, title X, 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term possessions includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term armed forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(5) The term uniformed services means
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term department, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term executive part of the department means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term military departments means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term Secretary concerned means
(A) the Secretary of the Army, with respect to matters concerning the Army;
(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;
(C) the Secretary of the Air Force, with respect to matters concerning the Air Force; and
(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
(10) The term service acquisition executive means the civilian official within a military department who is designated as the service acquisition executive for purposes of regulations and procedures providing for a service acquisition executive for that military department.
(11) The term Defense Agency means an organizational entity of the Department of Defense
(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125 (d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or
(B) that is designated by the Secretary of Defense as a Defense Agency.
(12) The term Department of Defense Field Activity means an organizational entity of the Department of Defense
(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125 (d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department; and
(B) that is designated by the Secretary of Defense as a Department of Defense Field Activity.
(13) The term contingency operation means a military operation that
(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or
(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301 (a), 12302, 12304, 12305, or 12406 of this title, chapter 15 of this title, or any other provision of law during a war or during a national emergency declared by the President or Congress.
(14) The term supplies includes material, equipment, and stores of all kinds.
(15) The term pay includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
(16) The term congressional defense committees means
(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(17) The term base closure law means the following:
(A) Section 2687 of this title.
(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101510; 10 U.S.C. 2687 note ).
(C) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100526; 10 U.S.C. 2687 note ).
(b) Personnel Generally.— 
The following definitions relating to military personnel apply in this title:
(1) The term officer means a commissioned or warrant officer.
(2) The term commissioned officer includes a commissioned warrant officer.
(3) The term warrant officer means a person who holds a commission or warrant in a warrant officer grade.
(4) The term general officer means an officer of the Army, Air Force, or Marine Corps serving in or having the grade of general, lieutenant general, major general, or brigadier general.
(5) The term flag officer means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
(6) The term enlisted member means a person in an enlisted grade.
(7) The term grade means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
(8) The term rank means the order of precedence among members of the armed forces.
(9) The term rating means the name (such as boatswains mate) prescribed for members of an armed force in an occupational field. The term rate means the name (such as chief boatswains mate) prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).
(10) The term original, with respect to the appointment of a member of the armed forces in a regular or reserve component, refers to that members most recent appointment in that component that is neither a promotion nor a demotion.
(11) The term authorized strength means the largest number of members authorized to be in an armed force, a component, a branch, a grade, or any other category of the armed forces.
(12) The term regular, with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office in a regular component of an armed force.
(13) The term active-duty list means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
(14) The term medical officer means an officer of the Medical Corps of the Army, an officer of the Medical Corps of the Navy, or an officer in the Air Force designated as a medical officer.
(15) The term dental officer means an officer of the Dental Corps of the Army, an officer of the Dental Corps of the Navy, or an officer of the Air Force designated as a dental officer.
(16) The term Active Guard and Reserve means a member of a reserve component who is on active duty pursuant to section 12301 (d) of this title or, if a member of the Army National Guard or Air National Guard, is on full-time National Guard duty pursuant to section 502 (f) of title 32, and who is performing Active Guard and Reserve duty.
(c) Reserve Components.— 
The following definitions relating to the reserve components apply in this title:
(1) The term National Guard means the Army National Guard and the Air National Guard.
(2) The term Army National Guard means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that
(A) is a land force;
(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal expense; and
(D) is federally recognized.
(3) The term Army National Guard of the United States means the reserve component of the Army all of whose members are members of the Army National Guard.
(4) The term Air National Guard means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that
(A) is an air force;
(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal expense; and
(D) is federally recognized.
(5) The term Air National Guard of the United States means the reserve component of the Air Force all of whose members are members of the Air National Guard.
(6) The term reserve, with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office held as a Reserve of one of the armed forces.
(7) The term reserve active-status list means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 14002 of this title) that contains the names of all officers of that armed force except warrant officers (including commissioned warrant officers) who are in an active status in a reserve component of the Army, Navy, Air Force, or Marine Corps and are not on an active-duty list.
(d) Duty Status.— 
The following definitions relating to duty status apply in this title:
(1) The term active duty means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
(2) The term active duty for a period of more than 30 days means active duty under a call or order that does not specify a period of 30 days or less.
(3) The term active service means service on active duty or full-time National Guard duty.
(4) The term active status means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
(5) The term full-time National Guard duty means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the members status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
(6) 
(A) The term active Guard and Reserve duty means active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard duty performed by a member of the National Guard pursuant to an order to full-time National Guard duty, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing, or training the reserve components.
(B) Such term does not include the following:
(i) Duty performed as a member of the Reserve Forces Policy Board provided for under section 10301 of this title.
(ii) Duty performed as a property and fiscal officer under section 708 of title 32.
(iii) Duty performed for the purpose of interdiction and counter-drug activities for which funds have been provided under section 112 of title 32.
(iv) Duty performed as a general or flag officer.
(v) Service as a State director of the Selective Service System under section 10(b)(2) of the Military Selective Service Act (50 App. U.S.C. 460 (b)(2)).
(7) The term inactive-duty training means
(A) duty prescribed for Reserves by the Secretary concerned under section 206 of title 37 or any other provision of law; and
(B) special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned. Such term includes those duties when performed by Reserves in their status as members of the National Guard.
(e) Facilities and Operations.— 
The following definitions relating to facilities and operations apply in this title:
(1) Range.— 
The term range, when used in a geographic sense, means a designated land or water area that is set aside, managed, and used for range activities of the Department of Defense. Such term includes the following:
(A) Firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, electronic scoring sites, buffer zones with restricted access, and exclusionary areas.
(B) Airspace areas designated for military use in accordance with regulations and procedures prescribed by the Administrator of the Federal Aviation Administration.
(2) Range activities.— 
The term range activities means
(A) research, development, testing, and evaluation of military munitions, other ordnance, and weapons systems; and
(B) the training of members of the armed forces in the use and handling of military munitions, other ordnance, and weapons systems.
(3) Operational range.— 
The term operational range means a range that is under the jurisdiction, custody, or control of the Secretary of a military department and
(A) that is used for range activities, or
(B) although not currently being used for range activities, that is still considered by the Secretary to be a range and has not been put to a new use that is incompatible with range activities.
(4) Military munitions.— 

(A) The term military munitions means all ammunition products and components produced for or used by the armed forces for national defense and security, including ammunition products or components under the control of the Department of Defense, the Coast Guard, the Department of Energy, and the National Guard.
(B) Such term includes the following:
(i) Confined gaseous, liquid, and solid propellants.
(ii) Explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries, including bulk explosives and chemical warfare agents.
(iii) Chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, and demolition charges.
(iv) Devices and components of any item specified in clauses (i) through (iii).
(C) Such term does not include the following:
(i) Wholly inert items.
(ii) Improvised explosive devices.
(iii) Nuclear weapons, nuclear devices, and nuclear components, other than nonnuclear components of nuclear devices that are managed under the nuclear weapons program of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been completed.
(5) Unexploded ordnance.— 
The term unexploded ordnance means military munitions that
(A) have been primed, fused, armed, or otherwise prepared for action;
(B) have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel, or material; and
(C) remain unexploded, whether by malfunction, design, or any other cause.
(f) Rules of Construction.— 
In this title
(1) shall is used in an imperative sense;
(2) may is used in a permissive sense;
(3) no person may *** means that no person is required, authorized, or permitted to do the act prescribed;
(4) includes means includes but is not limited to; and
(5) spouse means husband or wife, as the case may be.
(g) Reference to Title 1 Definitions.— 
For other definitions applicable to this title, see sections 1 through 5 of title 1.

TITLE 10 - US CODE - CHAPTER 2 - DEPARTMENT OF DEFENSE

10 USC 111 - Executive department

(a) The Department of Defense is an executive department of the United States.
(b) The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
(c) If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.

10 USC 112 - Department of Defense: seal

The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal.

10 USC 113 - Secretary of Defense

(a) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
(b) The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 (50 U.S.C. 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, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities. Such guidance shall be provided every two years or more frequently as needed and shall include guidance on the specific force levels and specific supporting resource levels projected to be available for the period of time for which such plans are to be effective.
(h) The Secretary of Defense shall keep the Secretaries of the military departments informed with respect to military operations and activities of the Department of Defense that directly affect their respective responsibilities.
(i) 
(1) The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries.
(2) Each such report shall
(A) include a comparison of the defense capabilities and programs of the armed forces of the United States and its allies with the armed forces of potential adversaries of the United States and allies of the United States;
(B) include an examination of the trends experienced in those capabilities and programs during the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221 of this title;
(C) include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the armed forces of the United States on short notice to meet a resurgent or increased threat to the national security of the United States;
(D) reflect, in the overall assessment and in the strategic and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the budget submitted to Congress under section 1105 of title 31 in the year in which the report is submitted and in the five-year defense program submitted in such year; and
(E) identify the deficiencies in the defense capabilities of the armed forces of the United States in such budget and such five-year defense program.
(3) The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the President submits the budget to Congress under section 1105 of title 31 in that year. Such report shall be transmitted in both classified and unclassified form.
(j) 
(1) Not later than April 8 of each year, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives a report on the cost of stationing United States forces outside of the United States. Each such report shall include a detailed statement of the following:
(A) Costs incurred in the United States and costs incurred outside the United States in connection with the stationing of United States forces outside the United States.
(B) The costs incurred outside the United States in connection with operating, maintaining, and supporting United States forces outside the United States, including all direct and indirect expenditures of United States funds in connection with such stationing.
(C) The effect of such expenditures outside the United States on the balance of payments of the United States.
(2) Each report under this subsection shall be prepared in consultation with the Secretary of Commerce.
(3) In this subsection, the term United States, when used in a geographic sense, includes the territories and possessions of the United States.
(k) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the Secretaries of the military departments and to the commanders of the combatant commands written guidelines to direct the effective detection and monitoring of all potential aerial and maritime threats to the national security of the United States. Those guidelines shall include guidance on the specific force levels and specific supporting resources to be made available for the period of time for which the guidelines are to be in effect.
(l) The Secretary shall include in the annual report to Congress under subsection (c) the following:
(1) A comparison of the amounts provided in the defense budget for support and for mission activities for each of the preceding five fiscal years.
(2) A comparison of the number of military and civilian personnel, shown by major occupational category, assigned to support positions and to mission positions for each of the preceding five fiscal years.
(3) An accounting, shown by service and by major occupational category, of the number of military and civilian personnel assigned to support positions during each of the preceding five fiscal years.
(4) A listing of the number of military and civilian personnel assigned to management headquarters and headquarters support activities as a percentage of military end-strength for each of the preceding five fiscal years.
(m) Information To Accompany Funding Request for Contingency Operation.— 
Whenever the President submits to Congress a request for appropriations for costs associated with a contingency operation that involves, or likely will involve, the deployment of more than 500 members of the armed forces, the Secretary of Defense shall submit to Congress a report on the objectives of the operation. The report shall include a discussion of the following:
(1) What clear and distinct objectives guide the activities of United States forces in the operation.
(2) What the President has identified on the basis of those objectives as the date, or the set of conditions, that defines the endpoint of the operation.

10 USC 113a - Transmission of annual defense authorization request

(a) Time for Transmittal.— 
The Secretary of Defense shall transmit to Congress the annual defense authorization request for a fiscal year during the first 30 days after the date on which the President transmits to Congress the budget for that fiscal year pursuant to section 1105 of title 31.
(b) Defense Authorization Request Defined.— 
In this section, the term defense authorization request, with respect to a fiscal year, means a legislative proposal submitted to Congress for the enactment of the following:
(1) Authorizations of appropriations for that fiscal year, as required by section 114 of this title.
(2) Personnel strengths for that fiscal year, as required by section 115 of this title.
(3) Authority to carry out military construction projects, as required by section 2802 of this title.
(4) Any other matter that is proposed by the Secretary of Defense to be enacted as part of the annual defense authorization bill for that fiscal year.

10 USC 114 - Annual authorization of appropriations

(a) No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for
(1) procurement of aircraft, missiles, or naval vessels;
(2) any research, development, test, or evaluation, or procurement or production related thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and related support equipment;
(6) military construction;
(7) the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);

unless funds therefor have been specifically authorized by law.

(b) In subsection (a)(6), the term military construction includes any construction, development, conversion, or extension of any kind which is carried out with respect to any military facility or installation (including any Government-owned or Government-leased industrial facility used for the production of defense articles and any facility to which section 2353 of this title applies), any activity to which section 2807 of this title applies, any activity to which chapter 1803 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23. Such term does not include any activity to which section 2821 or 2854 of this title applies.
(c) 
(1) The size of the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.
(2) Notwithstanding section 37(a) of the Arms Export Control Act (22 U.S.C. 2777 (a)), amounts received by the United States pursuant to subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C. 2761 (a)(1))
(A) shall be credited to the Special Defense Acquisition Fund established pursuant to chapter 5 of that Act (22 U.S.C. 2795 et seq.), as authorized by section 51(b)(1) of that Act (22 U.S.C. 2795 (b)(1)), but subject to the limitation in paragraph (1) and other applicable law; and
(B) to the extent not so credited, shall be deposited in the Treasury as miscellaneous receipts as provided in section 3302 (b) of title 31.
(d) Funds may be appropriated for the armed forces for use as an emergency fund for research, development, test, and evaluation, or related procurement or production, only if the appropriation of the funds is authorized by law after June 30, 1966.
(e) In each budget submitted by the President to Congress under section 1105 of title 31, amounts requested for procurement of equipment for the reserve components of the armed forces (including the National Guard) shall be set forth separately from other amounts requested for procurement for the armed forces.
(f) In each budget submitted by the President to Congress under section 1105 of title 31, amounts requested for procurement of ammunition for the Navy and Marine Corps, and for procurement of ammunition for the Air Force, shall be set forth separately from other amounts requested for procurement.

10 USC 114a - Renumbered 221]

10 USC 115 - Personnel strengths: requirement for annual authorization

(a) Active-Duty and Selected Reserve End Strengths To Be Authorized by Law.— 
Congress shall authorize personnel strength levels for each fiscal year for each of the following:
(1) The end strength for each of the armed forces (other than the Coast Guard) for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel unless on active duty pursuant to subsection (b), and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty pursuant to subsection (b).
(2) The end strength for the Selected Reserve of each reserve component of the armed forces.
(b) Certain Reserves on Active Duty To Be Authorized by Law.— 

(1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to
(A) active duty under section 12301 (d) of this title for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense;
(B) full-time National Guard duty under section 502 (f)(2) of title 32 for the purpose of providing operational support when authorized by the Secretary of Defense;
(C) active duty under section 12301 (d) of this title or full-time National Guard duty under section 502 (f)(2) of title 32 for the purpose of preparing for and performing funeral honors functions for funerals of veterans under section 1491 of this title;
(D) active duty or retained on active duty under sections 12301 (g) of this title while in a captive status; or
(E) active duty or retained on active duty under 12301(h) or 12322 of this title for the purpose of medical evaluation or treatment.
(2) A member of a reserve component who exceeds either of the following limits shall be included in the strength authorized under subparagraph (A) or subparagraph (B), as appropriate, of subsection (a)(1):
(A) A call or order to active duty or full-time National Guard duty that specifies a period greater than three years.
(B) The cumulative periods of active duty and full-time National Guard duty performed by the member exceed 1095 days in the previous 1460 days.
(3) In determining the period of active service under paragraph (2), the following periods of active service performed by a member shall not be included:
(A) All periods of active duty performed by a member who has not previously served in the Selected Reserve of the Ready Reserve.
(B) All periods of active duty or full-time National Guard duty for which the member is exempt from strength accounting under paragraphs (1) through (8) of subsection (i).
(4) As part of the budget justification materials submitted by the Secretary of Defense to Congress in support of the end strength authorizations required under subparagraphs (A) and (B) of subsection (a)(1) for fiscal year 2009 and each fiscal year thereafter, the Secretary shall provide the following:
(A) The number of members, specified by reserve component, authorized under subparagraphs (A) and (B) of paragraph (1) who were serving on active duty or full-time National Guard duty for operational support beyond each of the limits specified under subparagraphs (A) and (B) of paragraph (2) at the end of the fiscal year preceding the fiscal year for which the budget justification materials are submitted.
(B) The number of members, specified by reserve component, on active duty for operational support who, at the end of the fiscal year for which the budget justification materials are submitted, are projected to be serving on active duty or full-time National Guard duty for operational support beyond such limits.
(C) The number of members, specified by reserve component, on active duty or full-time National Guard duty for operational support who are included in, and counted against, the end strength authorizations requested under subparagraphs (A) and (B) of subsection (a)(1).
(D) A summary of the missions being performed by members identified under subparagraphs (A) and (B).
(c) Limitation on Appropriations for Military Personnel.— 
No funds may be appropriated for any fiscal year to or for
(1) the use of active-duty personnel or full-time National Guard duty personnel of any of the armed forces (other than the Coast Guard) unless the end strength for such personnel of that armed force for that fiscal year has been authorized by law;
(2) the use of the Selected Reserve of any reserve component of the armed forces unless the end strength for the Selected Reserve of that component for that fiscal year has been authorized by law; or
(3) the use of reserve component personnel to perform active duty or full-time National Guard duty under subsection (b) unless the strength for such personnel for that reserve component for that fiscal year has been authorized by law.
(d) Military Technician (Dual Status) End Strengths To Be Authorized by Law.Congress shall authorize for each fiscal year the end strength for military technicians (dual status) for each reserve component of the Army and Air Force. Funds available to the Department of Defense for any fiscal year may not be used for the pay of a military technician (dual status) during that fiscal year unless the technician fills a position that is within the number of such positions authorized by law for that fiscal year for the reserve component of that technician. This subsection applies without regard to section 129 of this title. In each budget submitted by the President to Congress under section 1105 of title 31, the end strength requested for military technicians (dual status) for each reserve component of the Army and Air Force shall be specifically set forth.
(e) End-of-Quarter Strength Levels.— 

(1) The Secretary of Defense shall prescribe and include in the budget justification documents submitted to Congress in support of the Presidents budget for the Department of Defense for any fiscal year the Secretarys proposed end-of-quarter strengths for each of the first three quarters of the fiscal year for which the budget is submitted, in addition to the Secretarys proposed fiscal-year end-strengths for that fiscal year. Such end-of-quarter strengths shall be submitted for each category of personnel for which end strengths are required to be authorized by law under subsection (a) or (d). The Secretary shall ensure that resources are provided in the budget at a level sufficient to support the end-of-quarter and fiscal-year end-strengths as submitted.
(2) 
(A) After annual end-strength levels required by subsections (a) and (d) are authorized by law for a fiscal year, the Secretary of Defense shall promptly prescribe end-of-quarter strength levels for the first three quarters of that fiscal year applicable to each such end-strength level. Such end-of-quarter strength levels shall be established for any fiscal year as levels to be achieved in meeting each of those annual end-strength levels authorized by law in accordance with subsection (a) (as such levels may be adjusted pursuant to subsection (f)) and subsection (d).
(B) At least annually, the Secretary of Defense shall establish for each of the armed forces (other than the Coast Guard) the maximum permissible variance of actual strength for an armed force at the end of any given quarter from the end-of-quarter strength established pursuant to subparagraph (A). Such variance shall be such that it promotes the maintaining of the strength necessary to achieve the end-strength levels authorized in accordance with subsection (a) (as adjusted pursuant to subsection (f)) and subsection (d).
(3) Whenever the Secretary establishes an end-of-quarter strength level under subparagraph (A) of paragraph (2), or modifies a strength level under the authority provided in subparagraph (B) of paragraph (2), the Secretary shall notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of that strength level or of that modification, as the case may be.
(f) Authority for Secretary of Defense Variances for Active-Duty and Selected Reserve Strengths.— 
Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may
(1) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for any of the armed forces by a number equal to not more than 3 percent of that end strength;
(2) increase the end strength authorized pursuant to subsection (a)(1)(B) for a fiscal year for any of the armed forces by a number equal to not more than 2 percent of that end strength;
(3) vary the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of any of the reserve components by a number equal to not more than 3 percent of that end strength; and
(4) increase the maximum strength authorized pursuant to subsection (b)(1) for a fiscal year for certain reserves on active duty for any of the reserve components by a number equal to not more than 10 percent of that strength.
(g) Authority for Service Secretary Variances for Active-Duty End Strengths.— 
Upon determination by the Secretary of a military department that such action would enhance manning and readiness in essential units or in critical specialties or ratings, the Secretary may increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for any of the armed forces under the jurisdiction of that Secretary. Any such increase for a fiscal year
(1) shall be by a number equal to not more than 2 percent of such authorized end strength; and
(2) shall be counted as part of the increase for that armed force for that fiscal year authorized under subsection (f)(1).
(h) Adjustment When Coast Guard is Operating as a Service in the Navy.— 
The authorized strength of the Navy under subsection (a)(1) is increased by the authorized strength of the Coast Guard during any period when the Coast Guard is operating as a service in the Navy.
(i) Certain Personnel Excluded From Counting for Active-Duty End Strengths.— 
In counting personnel for the purpose of the end strengths authorized pursuant to subsection (a)(1), persons in the following categories shall be excluded:
(1) Members of a reserve component ordered to active duty under section 12301 (a) of this title.
(2) Members of a reserve component in an active status ordered to active duty under section 12301 (b) of this title.
(3) Members of the Ready Reserve ordered to active duty under section 12302 of this title.
(4) Members of the Selected Reserve of the Ready Reserve or members of the Individual Ready Reserve mobilization category described in section 10144 (b) of this title ordered to active duty under section 12304 of this title.
(5) Members of the National Guard called into Federal service under section 12406 of this title.
(6) Members of the militia called into Federal service under chapter 15 of this title.
(7) Members of the National Guard on full-time National Guard duty under section 502 (f)(1) of title 32.
(8) Members of reserve components on active duty for training or full-time National Guard duty for training.
(9) Members of the Selected Reserve of the Ready Reserve on active duty to support programs described in section 1203(b) of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952 (b)).
(10) Members of the National Guard on active duty or full-time National Guard duty for the purpose of carrying out drug interdiction and counter-drug activities under section 112 of title 32.
(11) Members of a reserve component on active duty under section 10(b)(2) of the Military Selective Service Act (50 App. U.S.C. 460 (b)(2)) for the administration of the Selective Service System.
(12) Members of the National Guard on full-time National Guard duty for the purpose of providing command, administrative, training, or support services for the National Guard Challenge Program authorized by section 509 of title 32.
(13) Members of the National Guard on full-time National Guard duty involuntarily and performing homeland defense activities under chapter 9 of title 32.

10 USC 115a - Annual manpower requirements report

(a) The Secretary of Defense shall submit to Congress an annual manpower requirements report. The report, which shall be in writing, shall be submitted each year not later than 45 days after the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31. The report shall contain the Secretarys recommendations for
(1) the annual active-duty end-strength level for each component of the armed forces for the next fiscal year; and
(2) the annual civilian personnel end-strength level for each component of the Department of Defense for the next fiscal year.
(b) 
(1) The Secretary shall include in each report under subsection (a) justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for that fiscal year and the national security policies of the United States in effect at the time.
(2) The justification and explanation shall specify in detail for all major military force units (including each land force division, carrier and other major combatant vessel, air wing, and other comparable unit) the following:
(A) Unit mission and capability.
(B) Strategy which the unit supports.
(3) The justification and explanation shall also specify in detail the manpower required to perform the medical missions of each of the armed forces and of the Department of Defense.
(c) The Secretary shall include in each report under subsection (a) a detailed discussion of the following:
(1) The manpower required for support and overhead functions within the armed forces and the Department of Defense.
(2) The relationship of the manpower required for support and overhead functions to the primary combat missions and support policies.
(3) The manpower required to be stationed or assigned to duty in foreign countries and aboard vessels located outside the territorial limits of the United States, its territories, and possessions.
(d) The Secretary shall also include in each such report, with respect to each armed force under the jurisdiction of the Secretary of a military department, the following:
(1) The number of positions that require warrant officers or commissioned officers serving on active duty in each of the officer grades during the current fiscal year and the estimated number of such positions for each of the next five fiscal years.
(2) The estimated number of officers that will be serving on active duty in each grade on the last day of the current fiscal year and the estimated numbers of officers that will be needed on active duty on the last day of each of the next five fiscal years.
(3) An estimate and analysis for the current fiscal year and for each of the next five fiscal years of gains to and losses from the number of members on active duty in each officer grade, including a tabulation of
(A) retirements displayed by year of active commissioned service;
(B) discharges;
(C) other separations;
(D) deaths;
(E) promotions; and
(F) reserve and regular officers ordered to active duty.
(e) 
(1) In each such report, the Secretary shall also include recommendations for the end-strength levels for medical personnel for each component of the armed forces as of the end of the next fiscal year.
(2) For purposes of this subsection, the term medical personnel includes
(A) in the case of the Army, members of the Medical Corps, Dental Corps, Nurse Corps, Medical Service Corps, Veterinary Corps, and Army Medical Specialist Corps;
(B) in the case of the Navy, members of the Medical Corps, Dental Corps, Nurse Corps, and Medical Service Corps;
(C) in the case of the Air Force, members designated as medical officers, dental officers, Air Force nurses, medical service officers, and biomedical science officers;
(D) enlisted members engaged in or supporting medically related activities; and
(E) such other personnel as the Secretary considers appropriate.
[(f) Repealed. Pub. L. 104–106, div. A, title X, 1061(d)(4), Feb. 10, 1996, 110 Stat. 442.]
[(g) Redesignated (e)]
(h) In each such report, the Secretary shall include a separate report on the Army and Air Force military technician programs. The report shall include a presentation, shown by reserve component and shown both as of the end of the preceding fiscal year and for the next fiscal year, of the following (displayed in the aggregate and separately for military technicians (dual status) and non-dual status military technicians):
(1) The number of military technicians required to be employed (as specified in accordance with Department of Defense procedures), the number authorized to be employed under Department of Defense personnel procedures, and the number actually employed.
(2) Within each of the numbers under paragraph (1)
(A) the number applicable to a reserve component management headquarter organization; and
(B) the number applicable to high-priority units and organizations (as specified in section 10216 (a) of this title).

10 USC 115b - Renumbered 10541]

10 USC 116 - Annual operations and maintenance report

(a) 
(1) The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, with respect to the operations and maintenance of the Army, Navy, Air Force, and Marine Corps for the next fiscal year. The Secretary shall include in each such report recommendations for
(A) the number of aircraft flying hours for the Army, Navy, Air Force, and Marine Corps for the next fiscal year, the number of ship steaming hours for the Navy for the next fiscal year, and the number of field training days for the combat arms battalions of the Army and Marine Corps for the next fiscal year;
(B) the number of ships over 3,000 tons (full load displacement) in each Navy ship classification on which major repair work should be performed during the next fiscal year; and
(C) the number of airframe reworks, aircraft engine reworks, and vehicle overhauls which should be performed by the Army, Navy, Air Force, and Marine Corps during the next fiscal year.
(2) The Secretary shall also include in each such report the justification for and an explanation of the level of funding recommended in the Budget of the President for the next fiscal year for aircraft flying hours, ship steaming hours, field training days for the combat arms battalions, major repair work to be performed on ships of the Navy, airframe reworks, aircraft engine reworks, and vehicle overhauls.
(b) In this section:
(1) The term combat arms battalions means armor, infantry, mechanized infantry, air assault infantry, airborne infantry, ranger, artillery, and combat engineer battalions and armored cavalry and air cavalry squadrons.
(2) The term major repair work means, in the case of any ship to which subsection (a) is applicable, any overhaul, modification, alteration, or conversion work which will result in a total cost to the United States of more than $10,000,000.

10 USC 117 - Readiness reporting system: establishment; reporting to congressional committees

(a) Required Readiness Reporting System.— 
The Secretary of Defense shall establish a comprehensive readiness reporting system for the Department of Defense. The readiness reporting system shall measure in an objective, accurate, and timely manner the capability of the armed forces to carry out
(1) the National Security Strategy prescribed by the President in the most recent annual national security strategy report under section 108 of the National Security Act of 1947 (50 U.S.C. 404a);
(2) the defense planning guidance provided by the Secretary of Defense pursuant to section 113 (g) of this title; and
(3) the National Military Strategy prescribed by the Chairman of the Joint Chiefs of Staff.
(b) Readiness Reporting System Characteristics.— 
In establishing the readiness reporting system, the Secretary shall ensure
(1) that the readiness reporting system is applied uniformly throughout the Department of Defense;
(2) that information in the readiness reporting system is continually updated, with
(A)  any change in the overall readiness status of a unit that is required to be reported as part of the readiness reporting system being reported within 24 hours of the event necessitating the change in readiness status, and
(B)  any change in the overall readiness status of an element of the training establishment or an element of defense infrastructure that is required to be reported as part of the readiness reporting system being reported within 72 hours of the event necessitating the change in readiness status; and
(3) that sufficient resources are provided to establish and maintain the system so as to allow reporting of changes in readiness status as required by this section.
(c) Capabilities.— 
The readiness reporting system shall measure such factors relating to readiness as the Secretary prescribes, except that the system shall include the capability to do each of the following:
(1) Measure, on a monthly basis, the capability of units (both as elements of their respective armed force and as elements of joint forces) to conduct their assigned wartime missions.
(2) Measure, on an annual basis, the capability of training establishments to provide trained and ready forces for wartime missions.
(3) Measure, on an annual basis, the capability of defense installations and facilities and other elements of Department of Defense infrastructure, both in the United States and abroad, to provide appropriate support to forces in the conduct of their wartime missions.
(4) Measure, on a monthly basis, critical warfighting deficiencies in unit capability.
(5) Measure, on an annual basis, critical warfighting deficiencies in training establishments and defense infrastructure.
(6) Measure, on a monthly basis, the level of current risk based upon the readiness reporting system relative to the capability of forces to carry out their wartime missions.
(7) Measure, on a quarterly basis, the extent to which units of the armed forces remove serviceable parts, supplies, or equipment from one vehicle, vessel, or aircraft in order to render a different vehicle, vessel, or aircraft operational.
(d) Quarterly and Monthly Joint Readiness Reviews.— 

(1) The Chairman of the Joint Chiefs of Staff shall
(A) on a quarterly basis, conduct a joint readiness review; and
(B) on a monthly basis, review any changes that have been reported in readiness since the previous joint readiness review.
(2) The Chairman shall incorporate into both the joint readiness review required under paragraph (1)(A) and the monthly review required under paragraph (1)(B) the current information derived from the readiness reporting system and shall assess the capability of the armed forces to execute their wartime missions based upon their posture at the time the review is conducted. The Chairman shall submit to the Secretary of Defense the results of each review under paragraph (1), including the deficiencies in readiness identified during that review.
(e) Submission to Congressional Committees.— 
The Secretary shall each quarter submit to the congressional defense committees a report in writing containing the results of the most recent joint readiness review under subsection (d)(1)(A), including the current information derived from the readiness reporting system. Each such report shall be submitted in unclassified form and may, as the Secretary determines necessary, also be submitted in classified form.
(f) Regulations.— 
The Secretary shall prescribe regulations to carry out this section. In those regulations, the Secretary shall prescribe the units that are subject to reporting in the readiness reporting system, what type of equipment is subject to such reporting, and the elements of the training establishment and of defense infrastructure that are subject to such reporting.

10 USC 118 - Quadrennial defense review

(a) Review Required.— 
The Secretary of Defense shall every four years, during a year following a year evenly divisible by four, conduct a comprehensive examination (to be known as a quadrennial defense review) of the national defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of the defense program and policies of the United States with a view toward determining and expressing the defense strategy of the United States and establishing a defense program for the next 20 years. Each such quadrennial defense review shall be conducted in consultation with the Chairman of the Joint Chiefs of Staff.
(b) Conduct of Review.— 
Each quadrennial defense review shall be conducted so as
(1) to delineate a national defense strategy consistent with the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a);
(2) to define sufficient force structure, force modernization plans, infrastructure, budget plan, and other elements of the defense program of the United States associated with that national defense strategy that would be required to execute successfully the full range of missions called for in that national defense strategy;
(3) to identify
(A)  the budget plan that would be required to provide sufficient resources to execute successfully the full range of missions called for in that national defense strategy at a low-to-moderate level of risk, and
(B)  any additional resources (beyond those programmed in the current future-years defense program) required to achieve such a level of risk; and
(4) to make recommendations that are not constrained to comply with the budget submitted to Congress by the President pursuant to section 1105 of title 31.
(c) Assessment of Risk.— 
The assessment of risk for the purposes of subsection (b) shall be undertaken by the Secretary of Defense in consultation with the Chairman of the Joint Chiefs of Staff. That assessment shall define the nature and magnitude of the political, strategic, and military risks associated with executing the missions called for under the national defense strategy.
(d) Submission of QDR to Congressional Committees.— 
The Secretary shall submit a report on each quadrennial defense review to the Committees on Armed Services of the Senate and the House of Representatives. The report shall be submitted in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105 (a) of title 31. The report shall include the following:
(1) The results of the review, including a comprehensive discussion of the national defense strategy of the United States, the strategic planning guidance, and the force structure best suited to implement that strategy at a low-to-moderate level of risk.
(2) The assumed or defined national security interests of the United States that inform the national defense strategy defined in the review.
(3) The threats to the assumed or defined national security interests of the United States that were examined for the purposes of the review and the scenarios developed in the examination of those threats.
(4) The assumptions used in the review, including assumptions relating to
(A) the status of readiness of United States forces;
(B) the cooperation of allies, mission-sharing and additional benefits to and burdens on United States forces resulting from coalition operations;
(C) warning times;
(D) levels of engagement in operations other than war and smaller-scale contingencies and withdrawal from such operations and contingencies; and
(E) the intensity, duration, and military and political end-states of conflicts and smaller-scale contingencies.
(5) The effect on the force structure and on readiness for high-intensity combat of preparations for and participation in operations other than war and smaller-scale contingencies.
(6) The manpower and sustainment policies required under the national defense strategy to support engagement in conflicts lasting longer than 120 days.
(7) The anticipated roles and missions of the reserve components in the national defense strategy and the strength, capabilities, and equipment necessary to assure that the reserve components can capably discharge those roles and missions.
(8) The appropriate ratio of combat forces to support forces (commonly referred to as the tooth-to-tail ratio) under the national defense strategy, including, in particular, the appropriate number and size of headquarters units and Defense Agencies for that purpose.
(9) The specific capabilities, including the general number and type of specific military platforms, needed to achieve the strategic and warfighting objectives identified in the review.
(10) The strategic and tactical air-lift, sea-lift, and ground transportation capabilities required to support the national defense strategy.
(11) The forward presence, pre-positioning, and other anticipatory deployments necessary under the national defense strategy for conflict deterrence and adequate military response to anticipated conflicts.
(12) The extent to which resources must be shifted among two or more theaters under the national defense strategy in the event of conflict in such theaters.
(13) The advisability of revisions to the Unified Command Plan as a result of the national defense strategy.
(14) The effect on force structure of the use by the armed forces of technologies anticipated to be available for the ensuing 20 years.
(15) The national defense mission of the Coast Guard.
(16) The homeland defense and support to civil authority missions of the active and reserve components, including the organization and capabilities required for the active and reserve components to discharge each such mission.
(17) Any other matter the Secretary considers appropriate.
(e) CJCS Review.— 

(1) Upon the completion of each review under subsection (a), the Chairman of the Joint Chiefs of Staff shall prepare and submit to the Secretary of Defense the Chairmans assessment of the review, including the Chairmans assessment of risk and a description of the capabilities needed to address such risk.
(2) The Chairmans assessment shall be submitted to the Secretary in time for the inclusion of the assessment in the report. The Secretary shall include the Chairmans assessment, together with the Secretarys comments, in the report in its entirety.
(f) Independent Panel Assessment.— 

(1) Not later than six months before the date on which the report on a Quadrennial Defense Review is to be submitted under subsection (d), the Secretary of Defense shall establish a panel to conduct an assessment of the quadrennial defense review.
(2) Not later than three months after the date on which the report on a quadrennial defense review is submitted under subsection (d) to the congressional committees named in that subsection, the panel appointed under paragraph (1) shall submit to those committees an assessment of the review, including the recommendations of the review, the stated and implied assumptions incorporated in the review, and the vulnerabilities of the strategy and force structure underlying the review. The assessment of the panel shall include analyses of the trends, asymmetries, and concepts of operations that characterize the military balance with potential adversaries, focusing on the strategic approaches of possible opposing forces.
(g) Consideration of Effect of Climate Change on Department Facilities, Capabilities, and Missions.— 

(1) The first national security strategy and national defense strategy prepared after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 shall include guidance for military planners
(A) to assess the risks of projected climate change to current and future missions of the armed forces;
(B) to update defense plans based on these assessments, including working with allies and partners to incorporate climate mitigation strategies, capacity building, and relevant research and development; and
(C) to develop the capabilities needed to reduce future impacts.
(2) The first quadrennial defense review prepared after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 shall also examine the capabilities of the armed forces to respond to the consequences of climate change, in particular, preparedness for natural disasters from extreme weather events and other missions the armed forces may be asked to support inside the United States and overseas.
(3) For planning purposes to comply with the requirements of this subsection, the Secretary of Defense shall use
(A) the mid-range projections of the fourth assessment report of the Intergovernmental Panel on Climate Change;
(B) subsequent mid-range consensus climate projections if more recent information is available when the next national security strategy, national defense strategy, or quadrennial defense review, as the case may be, is conducted; and
(C) findings of appropriate and available estimations or studies of the anticipated strategic, social, political, and economic effects of global climate change and the implications of such effects on the national security of the United States.
(4) In this subsection, the term national security strategy means the annual national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a).

10 USC 118a - Quadrennial quality of life review

(a) Review Required.— 

(1) The Secretary of Defense shall every four years conduct a comprehensive examination of the quality of life of the members of the armed forces (to be known as the quadrennial quality of life review). The review shall include examination of the programs, projects, and activities of the Department of Defense, including the morale, welfare, and recreation activities.
(2) The quadrennial quality of life review shall be designed to result in determinations, and to foster policies and actions, that reflect the priority given the quality of life of members of the armed forces as a primary concern of the Department of Defense leadership.
(b) Conduct of Review.— 
Each quadrennial quality of life review shall be conducted so as
(1) to assess quality of life priorities and issues consistent with the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a);
(2) to identify actions that are needed in order to provide members of the armed forces with the quality of life reasonably necessary to encourage the successful execution of the full range of missions that the members are called on to perform under the national security strategy; and
(3) to identify other actions that have the potential for improving the quality of life of the members of the armed forces.
(c) Considerations.— 
The Secretary shall consider addressing the following matters as part of the quadrennial quality of life review:
(1) Infrastructure.
(2) Military construction.
(3) Physical conditions at military installations and other Department of Defense facilities.
(4) Budget plans.
(5) Adequacy of medical care for members of the armed forces and their dependents.
(6) Adequacy of housing and the basic allowance for housing and basic allowance for subsistence.
(7) Housing-related utility costs.
(8) Educational opportunities and costs.
(9) Length of deployments.
(10) Rates of pay and pay differentials between the pay of members and the pay of civilians.
(11) Retention and recruiting efforts.
(12) Workplace safety.
(13) Support services for spouses and children.
(14) Other elements of Department of Defense programs and Government policies and programs that affect the quality of life of members.
(d) Submission to Congressional Committees.— 

(1) The Secretary shall submit a report on each quadrennial quality of life review to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The report shall include the following:
(A) The assumptions used in the review.
(B) The results of the review, including a comprehensive discussion of how the quality of life of members of the armed forces affects the national security strategy of the United States.
(2) The report shall be submitted in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105 (a) of title 31.

10 USC 118b - Quadrennial roles and missions review

(a) Review Required.— 
The Secretary of Defense shall every four years conduct a comprehensive assessment (to be known as the quadrennial roles and missions review) of the roles and missions of the armed forces and the core competencies and capabilities of the Department of Defense to perform and support such roles and missions.
(b) Independent Military Assessment of Roles and Missions.— 

(1) In each year in which the Secretary of Defense is required to conduct a comprehensive assessment pursuant to subsection (a), the Chairman of the Joint Chiefs of Staff shall prepare and submit to the Secretary the Chairmans assessment of the roles and missions of the armed forces and the assignment of functions to the armed forces, together with any recommendations for changes in assignment that the Chairman considers necessary to achieve maximum efficiency and effectiveness of the armed forces.
(2) The Chairmans assessment shall be conducted so as to
(A) organize the significant missions of the armed forces into core mission areas that cover broad areas of military activity;
(B) ensure that core mission areas are defined and functions are assigned so as to avoid unnecessary duplication of effort among the armed forces; and
(C) provide the Chairmans recommendations with regard to issues to be addressed by the Secretary of Defense under subsection (c).
(c) Identification of Core Mission Areas and Core Competencies and Capabilities.— 
Upon receipt of the Chairmans assessment, and after giving appropriate consideration to the Chairmans recommendations, the Secretary of Defense shall identify
(1) the core mission areas of the armed forces;
(2) the core competencies and capabilities that are associated with the performance or support of a core mission area identified pursuant to paragraph (1);
(3) the elements of the Department of Defense (including any other office, agency, activity, or command described in section 111 (b) of this title) that are responsible for providing the core competencies and capabilities required to effectively perform the core missions identified pursuant to paragraph (1);
(4) any gaps in the ability of the elements (or other office, agency activity, or command) of the Department of Defense to provide core competencies and capabilities required to effectively perform the core missions identified pursuant to paragraph (1);
(5) any unnecessary duplication of core competencies and capabilities between defense components; and
(6) a plan for addressing any gaps or unnecessary duplication identified pursuant to paragraph (4) or paragraph (5).
(d) Report.— 
The Secretary shall submit a report on the quadrennial roles and missions review to the Committees on Armed Services of the Senate and the House of Representatives. The report shall be submitted in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105 (a) of title 31.

10 USC 119 - Special access programs: congressional oversight

(a) 
(1) Not later than March 1 of each year, the Secretary of Defense shall submit to the defense committees a report on special access programs.
(2) Each such report shall set forth
(A) the total amount requested for special access programs of the Department of Defense in the Presidents budget for the next fiscal year submitted under section 1105 of title 31; and
(B) for each program in that budget that is a special access program
(i) a brief description of the program;
(ii) a brief discussion of the major milestones established for the program;
(iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and
(iv) the estimated total cost of the program and the estimated cost of the program for
(I)  the current fiscal year,
(II)  the fiscal year for which the budget is submitted, and
(III)  each of the four succeeding fiscal years during which the program is expected to be conducted.
(3) In the case of a report under paragraph (1) submitted in a year during which the Presidents budget for the next fiscal year, because of multiyear budgeting for the Department of Defense, does not include a full budget request for the Department of Defense, the report required by paragraph (1) shall set forth
(A) the total amount already appropriated for the next fiscal year for special access programs of the Department of Defense and any additional amount requested in that budget for such programs for such fiscal year; and
(B) for each program of the Department of Defense that is a special access program, the information specified in paragraph (2)(B).
(b) 
(1) Not later than February 1 of each year, the Secretary of Defense shall submit to the defense committees a report that, with respect to each new special access program, provides
(A) notice of the designation of the program as a special access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a program shall include
(A) the current estimate of the total program cost for the program; and
(B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice.
(3) In this subsection, the term new special access program means a special access program that has not previously been covered in a notice and justification under this subsection.
(c) 
(1) Whenever a change in the classification of a special access program of the Department of Defense is planned to be made or whenever classified information concerning a special access program of the Department of Defense is to be declassified and made public, the Secretary of Defense shall submit to the defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change.
(2) Except as provided in paragraph (3), any report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement is to occur.
(3) If the Secretary determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Department of Defense, the Secretary may submit the report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public announcement is made and shall include in the report an explanation of the exceptional circumstances.
(d) Whenever there is a modification or termination of the policy and criteria used for designating a program of the Department of Defense as a special access program, the Secretary of Defense shall promptly notify the defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified.
(e) 
(1) The Secretary of Defense may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Secretary determines that inclusion of that information in the report would adversely affect the national security. Any such waiver shall be made on a case-by-case basis.
(2) If the Secretary exercises the authority provided under paragraph (1), the Secretary shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the defense committees.
(f) A special access program may not be initiated until
(1) the defense committees are notified of the program; and
(2) a period of 30 days elapses after such notification is received.
(g) In this section, the term defense committees means
(1) the Committee on Armed Services and the Committee on Appropriations, and the Defense Subcommittee of the Committee on Appropriations, of the Senate; and
(2) the Committee on Armed Services and the Committee on Appropriations, and the Subcommittee on Defense of the Committee on Appropriations, of the House of Representatives.

TITLE 10 - US CODE - CHAPTER 3 - GENERAL POWERS AND FUNCTIONS

10 USC 121 - Regulations

The President may prescribe regulations to carry out his functions, powers, and duties under this title.

10 USC 122 - Official registers

The Secretary of a military department may have published, annually or at such other times as he may designate, official registers containing the names of, and other pertinent information about, such regular and reserve officers of the armed forces under his jurisdiction as he considers appropriate. The register may also contain any other list that the Secretary considers appropriate.

10 USC 123 - Authority to suspend officer personnel laws during war or national emergency

(a) In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve. So long as such war or national emergency continues, any such suspension may be extended by the President.
(b) Any such suspension shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621–1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency.
(c) If a provision of law pertaining to the promotion of reserve officers is suspended under this section and if the Secretary of Defense submits to Congress proposed legislation to adjust the grades and dates of rank of reserve commissioned officers other than commissioned warrant officers, such proposed legislation shall, so far as practicable, be the same as that recommended for adjusting the grades and dates of rank of officers of the regular component of the armed force concerned.
(d) Upon the termination of a suspension made under the authority of subsection (a) of a provision of law otherwise requiring the separation or retirement of officers on active duty because of age, length of service or length of service in grade, or failure of selection for promotion, the Secretary concerned shall extend by up to 90 days the otherwise required separation or retirement date of any officer covered by the suspended provision whose separation or retirement date, but for the suspension, would have been before the date of the termination of the suspension or within 90 days after the date of such termination.

10 USC 123a - Suspension of end-strength and other strength limitations in time of war or national emergency

(a) During War or National Emergency.— 

(1) If at the end of any fiscal year there is in effect a war or national emergency, the President may waive any statutory end strength with respect to that fiscal year. Any such waiver may be issued only for a statutory end strength that is prescribed by law before the waiver is issued.
(2) When a designation of a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) is in effect, the President may waive any statutory limit that would otherwise apply during the period of the designation on the number of members of a reserve component who are authorized to be on active duty under subparagraph (A) or (B) of section 115 (b)(1) of this title, if the President determines the waiver is necessary to provide assistance in responding to the major disaster or emergency.
(b) Termination of Waiver.— 

(1) Upon the termination of a war or national emergency with respect to which the President has exercised the authority provided by subsection (a)(1), the President may defer the effectiveness of any statutory end strength with respect to the fiscal year during which the termination occurs. Any such deferral may not extend beyond the last day of the sixth month beginning after the date of such termination.
(2) A waiver granted under subsection (a)(2) shall terminate not later than 90 days after the date on which the designation of the major disaster or emergency that was the basis for the waiver expires.
(c) Statutory End Strength.— 
In this section, the term statutory end strength means any end-strength limitation with respect to a fiscal year that is prescribed by law for any military or civilian component of the armed forces or of the Department of Defense.

10 USC 123b - Forces stationed abroad: limitation on number

(a) End-Strength Limitation.— 
No funds appropriated to the Department of Defense may be used to support a strength level of members of the armed forces assigned to permanent duty ashore in nations outside the United States at the end of any fiscal year at a level in excess of 203,000.
(b) Exception for Wartime.— 
Subsection (a) does not apply in the event of a declaration of war or an armed attack on any member nation of the North Atlantic Treaty Organization, Japan, the Republic of Korea, or any other ally of the United States.
(c) Presidential Waiver.— 
The President may waive the operation of subsection (a) if the President declares an emergency. The President shall immediately notify Congress of any such waiver.

10 USC 124 - Detection and monitoring of aerial and maritime transit of illegal drugs: Department of Defense to be lead agency

(a) Lead Agency.— 

(1) The Department of Defense shall serve as the single lead agency of the Federal Government for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States.
(2) The responsibility conferred by paragraph (1) shall be carried out in support of the counter-drug activities of Federal, State, local, and foreign law enforcement agencies.
(b) Performance of Detection and Monitoring Function.— 

(1) To carry out subsection (a), Department of Defense personnel may operate equipment of the Department to intercept a vessel or an aircraft detected outside the land area of the United States for the purposes of
(A) identifying and communicating with that vessel or aircraft; and
(B) directing that vessel or aircraft to go to a location designated by appropriate civilian officials.
(2) In cases in which a vessel or an aircraft is detected outside the land area of the United States, Department of Defense personnel may begin or continue pursuit of that vessel or aircraft over the land area of the United States.
(c) United States Defined.— 
In this section, the term United States means the land area of the several States and any territory, commonwealth, or possession of the United States.

10 USC 125 - Functions, powers, and duties: transfer, reassignment, consolidation, or abolition

(a) Subject to section 2 of the National Security Act of 1947 (50 U.S.C. 401), the Secretary of Defense shall take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to provide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. However, except as provided by subsections (b) and (c), a function, power, or duty vested in the Department of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abolished.
(b) Notwithstanding subsection (a), if the President determines it to be necessary because of hostilities or an imminent threat of hostilities, any function, power, or duty vested by law in the Department of Defense, or an officer, official, or agency thereof, including one assigned to the Army, Navy, Air Force, or Marine Corps by section 3062 (b), 5062, 5063, or 8062 (c) of this title, may be transferred, reassigned, or consolidated. The transfer, reassignment, or consolidation remains in effect until the President determines that hostilities have terminated or that there is no longer an imminent threat of hostilities, as the case may be.
(c) Notwithstanding subsection (a), the Secretary of Defense may assign or reassign the development and operational use of new weapons or weapons systems to one or more of the military departments or one or more of the armed forces.

10 USC 126 - Transfer of funds and employees

(a) When a function, power, or duty or an activity of a department or agency of the Department of Defense is transferred or assigned to another department or agency of that department, balances of appropriations that the Secretary of Defense determines are available and needed to finance or discharge that function, power, duty, or activity, as the case may be, may, with the approval of the President, be transferred to the department or agency to which that function, power, duty or activity, as the case may be, is transferred, and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall
(1) be credited to any applicable appropriation account of the receiving department or agency; or
(2) be credited to a new account that may be established on the books of the Department of the Treasury;

and be merged with the funds already credited to that account and accounted for as one fund. Balances of appropriations credited to an account under clause (1) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited to an account under clause (2) are subject only to such limitations as are applicable to the appropriations from which they are transferred.

(b) When a function, power, or duty or an activity of a department or agency of the Department of Defense is transferred to another department or agency of that department, those civilian employees of the department or agency from which the transfer is made that the Secretary of Defense determines are needed to perform that function, power, or duty, or for that activity, as the case may be, may, with the approval of the President, be transferred to the department or agency to which that function, power, duty, or activity, as the case may be, is transferred. The authorized strength in civilian employees of a department or agency from which employees are transferred under this section is reduced by the number of employees so transferred. The authorized strength in civilian employees of a department or agency to which employees are transferred under this section is increased by the number of employees so transferred.

10 USC 127 - Emergency and extraordinary expenses

(a) Subject to the limitations of subsection (c), and within the limitation of appropriations made for the purpose, the Secretary of Defense, the Inspector General of the Department of Defense, and the Secretary of a military department within his department, may provide for any emergency or extraordinary expense which cannot be anticipated or classified. When it is so provided in such an appropriation, the funds may be spent on approval or authority of the Secretary concerned or the Inspector General for any purpose he determines to be proper, and such a determination is final and conclusive upon the accounting officers of the United States. The Secretary concerned or the Inspector General may certify the amount of any such expenditure authorized by him that he considers advisable not to specify, and his certificate is sufficient voucher for the expenditure of that amount.
(b) The authority conferred by this section may be delegated by the Secretary of Defense to any person in the Department of Defense, by the Inspector General to any person in the Office of the Inspector General, or by the Secretary of a military department to any person within his department, with or without the authority to make successive redelegations.
(c) 
(1) Funds may not be obligated or expended in an amount in excess of $500,000 under the authority of subsection (a) or (b) until the Secretary of Defense has notified the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives of the intent to obligate or expend the funds, and
(A) in the case of an obligation or expenditure in excess of $1,000,000, 15 days have elapsed since the date of the notification; or
(B) in the case of an obligation or expenditure in excess of $500,000, but not in excess of $1,000,000, 5 days have elapsed since the date of the notification.
(2) Subparagraph (A) or (B) of paragraph (1) shall not apply to an obligation or expenditure of funds otherwise covered by such subparagraph if the Secretary of Defense determines that the national security objectives of the United States will be compromised by the application of the subparagraph to the obligation or expenditure. If the Secretary makes a determination with respect to an obligation or expenditure under the preceding sentence, the Secretary shall immediately notify the committees referred to in paragraph (1) that such obligation or expenditure is necessary and provide any relevant information (in classified form, if necessary) jointly to the chairman and ranking minority member (or their designees) of such committees.
(3) A notification under paragraph (1) and information referred to in paragraph (2) shall include the amount to be obligated or expended, as the case may be, and the purpose of the obligation or expenditure.
(d) Annual Report.— 
Not later than December 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on expenditures during the preceding fiscal year under subsections (a) and (b).

10 USC 127a - Operations for which funds are not provided in advance: funding mechanisms

(a) In General.— 

(1) The Secretary of Defense shall use the procedures prescribed by this section with respect to any operation specified in paragraph (2) that involves
(A) the deployment (other than for a training exercise) of elements of the Armed Forces for a purpose other than a purpose for which funds have been specifically provided in advance; or
(B) the provision of humanitarian assistance, disaster relief, or support for law enforcement (including immigration control) for which funds have not been specifically provided in advance.
(2) This section applies to
(A) any operation the incremental cost of which is expected to exceed $50,000,000; and
(B) any other operation the expected incremental cost of which, when added to the expected incremental costs of other operations that are currently ongoing, is expected to result in a cumulative incremental cost of ongoing operations of the Department of Defense in excess of $100,000,000.

Any operation the incremental cost of which is expected not to exceed $10,000,000 shall be disregarded for the purposes of subparagraph (B).

(3) Whenever an operation to which this section applies is commenced or subsequently becomes covered by this section, the Secretary of Defense shall designate and identify that operation for the purposes of this section and shall promptly notify Congress of that designation (and of the identification of the operation).
(4) This section does not provide authority for the President or the Secretary of Defense to carry out any operation, but establishes mechanisms for the Department of Defense by which funds are provided for operations that the armed forces are required to carry out under some other authority.
(b) Waiver of Requirement To Reimburse Support Units.— 

(1) The Secretary of Defense shall direct that, when a unit of the Armed Forces participating in an operation described in subsection (a) receives services from an element of the Department of Defense that operates through the Defense Business Operations Fund (or a successor fund), such unit of the Armed Forces may not be required to reimburse that element for the incremental costs incurred by that element in providing such services, notwithstanding any other provision of law or any Government accounting practice.
(2) The amounts which but for paragraph (1) would be required to be reimbursed to an element of the Department of Defense (or a fund) shall be recorded as an expense attributable to the operation and shall be accounted for separately.
(c) Transfer Authority.— 

(1) Whenever there is an operation of the Department of Defense described in subsection (a), the Secretary of Defense may transfer amounts described in paragraph (3) to accounts from which incremental expenses for that operation were incurred in order to reimburse those accounts for those incremental expenses. Amounts so transferred shall be merged with and be available for the same purposes as the accounts to which transferred.
(2) The total amount that the Secretary of Defense may transfer under the authority of this section in any fiscal year is $200,000,000.
(3) Transfers under this subsection may only be made from amounts appropriated to the Department of Defense for any fiscal year that remain available for obligation, other than amounts within any operation and maintenance appropriation that are available for
(A)  an account (known as a budget activity 1 account) that is specified as being for operating forces, or
(B)  an account (known as a budget activity 2 account) that is specified as being for mobilization.
(4) The authority provided by this subsection is in addition to any other authority provided by law authorizing the transfer of amounts available to the Department of Defense. However, the Secretary may not use any such authority under another provision of law for a purpose described in paragraph (1) if there is authority available under this subsection for that purpose.
(5) The authority provided by this subsection to transfer amounts may not be used to provide authority for an activity that has been denied authorization by Congress.
(6) A transfer made from one account to another under the authority of this subsection shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
[(d) Repealed. Pub. L. 108–136, div. A, title X, 1031(a)(3), Nov. 24, 2003, 117 Stat. 1596.]
(e) Limitations.— 

(1) The Secretary may not restore balances in the Defense Business Operations Fund through increases in rates charged by that fund in order to compensate for costs incurred and not reimbursed due to subsection (b).
(2) The Secretary may not restore balances in the Defense Business Operations Fund or any other fund or account through the use of unobligated amounts in an operation and maintenance appropriation that are available within that appropriation for
(A)  an account (known as a budget activity 1 account) that is specified as being for operating forces, or
(B)  an account (known as a budget activity 2 account) that is specified as being for mobilization.
(f) Submission of Requests for Supplemental Appropriations.— 
It is the sense of Congress that whenever there is an operation described in subsection (a), the President should, not later than 90 days after the date on which notification is provided pursuant to subsection (a)(3), submit to Congress a request for the enactment of supplemental appropriations for the then-current fiscal year in order to provide funds to replenish the Defense Business Operations Fund or any other fund or account of the Department of Defense from which funds for the incremental expenses of that operation were derived under this section and should, as necessary, submit subsequent requests for the enactment of such appropriations.
(g) Incremental Costs.— 
For purposes of this section, incremental costs of the Department of Defense with respect to an operation are the costs of the Department that are directly attributable to the operation (and would not have been incurred but for the operation). Incremental costs do not include the cost of property or services acquired by the Department that are paid for by a source outside the Department or out of funds contributed by such a source.
(h) Relationship to War Powers Resolution.— 
This section may not be construed as altering or superseding the War Powers Resolution. This section does not provide authority to conduct any military operation.
(i) GAO Compliance Reviews.— 
The Comptroller General of the United States shall from time to time, and when requested by a committee of Congress, conduct a review of the defense funding structure under this section to determine whether the Department of Defense is complying with the requirements and limitations of this section.

10 USC 127b - Assistance in combating terrorism: rewards

(a) Authority.— 
The Secretary of Defense may pay a monetary amount, or provide a payment-in-kind, to a person as a reward for providing United States Government personnel, or government personnel of allied forces participating in a combined operation with the armed forces, with information or nonlethal assistance that is beneficial to
(1) an operation or activity of the armed forces, or of allied forces participating in a combined operation with the armed forces, conducted outside the United States against international terrorism; or
(2) force protection of the armed forces, or of allied forces participating in a combined operation with the armed forces.
(b) Limitation.— 
The amount or value of a reward provided under this section may not exceed $5,000,000.
(c) Delegation of Authority.— 

(1) The authority of the Secretary of Defense under subsection (a) may be delegated only
(A) to the Deputy Secretary of Defense and an Under Secretary of Defense, without further redelegation; and
(B) to the commander of a combatant command, but only for a reward in an amount or with a value not in excess of $1,000,000.
(2) A commander of a combatant command to whom authority to provide rewards under this section is delegated under paragraph (1) may further delegate that authority, but only for a reward in an amount or with a value not in excess of $10,000, except that such a delegation may be made to the commanders deputy commander, or to the commander of a command directly subordinate to that commander, without regard to such limitation. Such a delegation may be made to the commander of a command directly subordinate to the commander of a combatant command only with the approval of the Secretary of Defense, the Deputy Secretary of Defense, or an Under Secretary of Defense to whom authority has been delegated under subparagraph (1)(A).
(3) 
(A) Subject to subparagraphs (B) and (C), an official who has authority delegated under paragraph (1) or (2) may use that authority, acting through government personnel of allied forces, to offer and make rewards.
(B) The Secretary of Defense shall prescribe policies and procedures for making rewards in the manner described in subparagraph (A), which shall include guidance for the accountability of funds used for making rewards in that manner. The policies and procedures shall not take effect until 30 days after the date on which the Secretary submits the policies and procedures to the congressional defense committees. Rewards may not be made in the manner described in subparagraph (A) except under policies and procedures that have taken effect.
(C) Rewards may not be made in the manner described in subparagraph (A) after September 30, 2009.
(D) Not later than April 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of this paragraph. The report shall identify each reward made in the manner described in subparagraph (A) and, for each such reward
(i) identify the type, amount, and recipient of the reward;
(ii) explain the reason for making the reward; and
(iii) assess the success of the reward in advancing the effort to combat terrorism.
(d) Coordination.— 

(1) The Secretary of Defense shall prescribe policies and procedures for the offering and making of rewards under this section and otherwise for administering the authority under this section. Such policies and procedures shall be prescribed in consultation with the Secretary of State and the Attorney General and shall ensure that the making of a reward under this section does not duplicate or interfere with the payment of a reward authorized by the Secretary of State or the Attorney General.
(2) The Secretary of Defense shall consult with the Secretary of State regarding the making of any reward under this section in an amount or with a value in excess of $2,000,000.
(e) Persons Not Eligible.— 
The following persons are not eligible to receive a reward under this section:
(1) A citizen of the United States.
(2) An officer or employee of the United States.
(3) An employee of a contractor of the United States.
(f) Annual Report.— 

(1) Not later than December 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the administration of the rewards program under this section during the preceding fiscal year.
(2) Each report for a fiscal year under this subsection shall include the following:
(A) Information on the total amount expended during that fiscal year to carry out the rewards program under this section during that fiscal year.
(B) Specification of the amount, if any, expended during that fiscal year to publicize the availability of rewards under this section.
(C) With respect to each reward provided during that fiscal year
(i) the amount or value of the reward and whether the reward was provided as a monetary payment or in some other form;
(ii) the recipient of the reward; and
(iii) a description of the information or assistance for which the reward was paid, together with an assessment of the significance and benefit of the information or assistance.
(D) Information on the implementation of paragraph (3) of subsection (c).
(3) The Secretary may submit the report in classified form if the Secretary determines that it is necessary to do so.
(g) Determinations by the Secretary.— 
A determination by the Secretary under this section is final and conclusive and is not subject to judicial review.

10 USC 127c - Purchase of weapons overseas: force protection

(a) Authority.— 
When elements of the armed forces are engaged in ongoing military operations in a country, the Secretary of Defense may, for the purpose of protecting United States forces in that country, purchase weapons from any foreign person, foreign government, international organization, or other entity located in that country.
(b) Limitation.— 
The total amount expended during any fiscal year for purchases under this section may not exceed $15,000,000.
(c) Semiannual Congressional Report.— 
In any case in which the authority provided in subsection (a) is used during the period of the first six months of a fiscal year, or during the period of the second six months of a fiscal year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a report on the use of that authority during that six-month period. Each such report shall be submitted not later than 30 days after the end of the six-month period during which the authority is used. Each such report shall include the following:
(1) The number and type of weapons purchased under subsection (a) during that six-month period covered by the report, together with the amount spent for those weapons and the Secretarys estimate of the fair market value of those weapons.
(2) A description of the dispositions (if any) during that six-month period of weapons purchased under subsection (a).

10 USC 127d - Allied forces participating in combined operations: authority to provide logistic support, supplies, and services

(a) Authority.— 
Subject to subsections (b) and (c), the Secretary of Defense may provide logistic support, supplies, and services to allied forces participating in a combined operation with the armed forces. Provision of such support, supplies, and services to the forces of an allied nation may be made only with the concurrence of the Secretary of State.
(b) Limitations.— 

(1) The authority provided by subsection (a) may be used only in accordance with the Arms Export Control Act and other export control laws of the United States.
(2) The authority provided by subsection (a) may be used only for a combined operation
(A) that is carried out during active hostilities or as part of a contingency operation or a noncombat operation (including an operation in support of the provision of humanitarian or foreign disaster assistance, a country stabilization operation, or a peacekeeping operation under chapter VI or VII of the Charter of the United Nations); and
(B) in a case in which the Secretary of Defense determines that the allied forces to be provided logistic support, supplies, and services
(i) are essential to the success of the combined operation; and
(ii) would not be able to participate in the combined operation but for the provision of such logistic support, supplies, and services by the Secretary.
(c) Limitations on Value.— 

(1) Except as provided in paragraph (2), the value of logistic support, supplies, and services provided under this section in any fiscal year may not exceed $100,000,000.
(2) In addition to any logistic support, supplies, and services provided under subsection (a) that are covered by paragraph (1), the value of logistic support, supplies, and services provided under this section solely for the purposes of enhancing the interoperability of the logistical support systems of military forces participating in combined operation of the United States in order to facilitate such operations may not, in any fiscal year, exceed $5,000,000.
(d) Annual Report.— 

(1) Not later than December 31 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 on the use of the authority provided by subsection (a) during the preceding fiscal year.
(2) Each report under paragraph (1) shall be prepared in coordination with the Secretary of State.
(3) Each report under paragraph (1) shall include, for the fiscal year covered by the report, the following:
(A) Each nation provided logistic support, supplies, and services through the use of the authority provided by subsection (a).
(B) For each such nation, a description of the type and value of logistic support, supplies, and services so provided.
(e) Definition.— 
In this section, the term logistic support, supplies, and services has the meaning given that term in section 2350 (1) of this title.

10 USC 128 - Physical protection of special nuclear material: limitation on dissemination of unclassified information

(a) 
(1) In addition to any other authority or requirement regarding protection from dissemination of information, and subject to section 552 (b)(3) of title 5, the Secretary of Defense, with respect to special nuclear materials, shall prescribe such regulations, after notice and opportunity for public comment thereon, or issue such orders as may be necessary to prohibit the unauthorized dissemination of unclassified information pertaining to security measures, including security plans, procedures, and equipment for the physical protection of special nuclear material.
(2) The Secretary may prescribe regulations or issue orders under paragraph (1) to prohibit the dissemination of any information described in such paragraph only if and to the extent that the Secretary determines that the unauthorized dissemination of such information could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of
(A) illegal production of nuclear weapons, or
(B) theft, diversion, or sabotage of special nuclear materials, equipment, or facilities.
(3) In making a determination under paragraph (2), the Secretary may consider what the likelihood of an illegal production, theft, diversion, or sabotage referred to in such paragraph would be if the information proposed to be prohibited from dissemination under this section were at no time available for dissemination.
(4) The Secretary shall exercise his authority under this subsection to prohibit the dissemination of any information described in paragraph (1)
(A) so as to apply the minimum restrictions needed to protect the health and safety of the public or the common defense and security; and
(B) upon a determination that the unauthorized dissemination of such information could reasonably be expected to result in a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of
(i) illegal production of nuclear weapons, or
(ii) theft, diversion, or sabotage of nuclear materials, equipment, or facilities.
(b) Nothing in this section shall be construed to authorize the Secretary to withhold, or to authorize the withholding of, information from the appropriate committees of the Congress.
(c) Any determination by the Secretary concerning the applicability of this section shall be subject to judicial review pursuant to section 552 (a)(4)(B) of title 5.

10 USC 129 - Prohibition of certain civilian personnel management constraints

(a) The civilian personnel of the Department of Defense shall be managed each fiscal year solely on the basis of and consistent with
(1)  the workload required to carry out the functions and activities of the department and
(2)  the funds made available to the department for such fiscal year. The management of such personnel in any fiscal year shall not be subject to any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees. The Secretary of Defense and the Secretaries of the military departments may not be required to make a reduction in the number of full-time equivalent positions in the Department of Defense unless such reduction is necessary due to a reduction in funds available to the Department or is required under a law that is enacted after February 10, 1996, and that refers specifically to this subsection.
(b) The number of, and the amount of funds available to be paid to, indirectly funded Government employees of the Department of Defense may not be
(1) subject to any constraint or limitation on the number of such personnel who may be employed on the last day of a fiscal year;
(2) managed on the basis of any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees; or
(3) controlled under any policy of the Secretary of a military department for control of civilian manpower resources.
(c) In this section, the term indirectly funded Government employees means civilian employees of the Department of Defense
(1) who are employed by industrial-type activities, the Major Range and Test Facility Base, or commercial-type activities described in section 2208 of this title; and
(2) whose salaries and benefits are funded from sources other than appropriated funds.
(d) With respect to each budget activity within an appropriation for a fiscal year for operations and maintenance, the Secretary of Defense shall ensure that there are employed during that fiscal year employees in the number and with the combination of skills and qualifications that are necessary to carry out the functions within that budget activity for which funds are provided for that fiscal year.
(e) Subsections (a), (b), and (c) apply to the Major Range and Test Facility Base (MRTFB) at the installation level. With respect to the MRTFB structure, the term funds made available includes both direct appropriated funds and funds provided by MRTFB customers.
(f) 
(1) Not later than February 1 of each year, the Secretary of each military department and the head of each Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the management of the civilian workforce under the jurisdiction of that official.
(2) Each report of an official under paragraph (1) shall contain the following:
(A) The officials certification
(i)  that the civilian workforce under the jurisdiction of the official is not subject to any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees, and
(ii)  that, during the 12 months preceding the date on which the report is due, such workforce has not been subject to any such constraint or limitation.
(B) A description of how the civilian workforce is managed.
(C) A detailed description of the analytical tools used to determine civilian workforce requirements during the 12-month period referred to in subparagraph (A).

10 USC 129a - General personnel policy

The Secretary of Defense shall use the least costly form of personnel consistent with military requirements and other needs of the Department. In developing the annual personnel authorization requests to Congress and in carrying out personnel policies, the Secretary shall
(1) consider particularly the advantages of converting from one form of personnel (military, civilian, or private contract) to another for the performance of a specified job; and
(2) include in each manpower requirements report submitted under section 115a of this title a complete justification for converting from one form of personnel to another.

10 USC 129b - Authority to procure personal services

(a) Authority.— 
Subject to subsection (b), the Secretary of Defense and the Secretaries of the military departments may
(1) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with section 3109 of title 5; and
(2) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence while such individuals are traveling from their homes or places of business to official duty stations and return as may be authorized by law.
(b) Conditions.— 
The services of experts or consultants (or organizations thereof) may be procured under subsection (a) only if the Secretary of Defense or the Secretary of the military department concerned, as the case may be, determines that
(1) the procurement of such services is advantageous to the United States; and
(2) such services cannot adequately be provided by the Department of Defense.
(c) Regulations.— 
Procurement of the services of experts and consultants (or organizations thereof) under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense.
(d) Additional Authority for Personal Services Contracts.— 

(1) In addition to the authority provided under subsection (a), the Secretary of Defense may enter into personal services contracts if the personal services
(A) are to be provided by individuals outside the United States, regardless of their nationality, and are determined by the Secretary to be necessary and appropriate for supporting the activities and programs of the Department of Defense outside the United States;
(B) directly support the mission of a defense intelligence component or counter-intelligence organization of the Department of Defense; or
(C) directly support the mission of the special operations command of the Department of Defense.
(2) The contracting officer for a personal services contract under this subsection shall be responsible for ensuring that
(A) the services to be procured are urgent or unique; and
(B) it would not be practicable for the Department to obtain such services by other means.
(3) The requirements of section 3109 of title 5 shall not apply to a contract entered into under this subsection.

10 USC 129c - Medical personnel: limitations on reductions

(a) Limitation on Reduction.— 
For any fiscal year, the Secretary of Defense may not make a reduction in the number of medical personnel of the Department of Defense described in subsection (b) unless the Secretary makes a certification for that fiscal year described in subsection (c).
(b) Covered Reductions.— 
Subsection (a) applies to a reduction in the number of medical personnel of the Department of Defense as of the end of a fiscal year to a number that is less than
(1) 95 percent of the number of such personnel at the end of the immediately preceding fiscal year; or
(2) 90 percent of the number of such personnel at the end of the third fiscal year preceding the fiscal year.
(c) Certification.— 
A certification referred to in subsection (a) with respect to reductions in medical personnel of the Department of Defense for any fiscal year is a certification by the Secretary of Defense to Congress that
(1) the number of medical personnel being reduced is excess to the current and projected needs of the Department of Defense; and
(2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services under chapter 55 of this title.
(d) Policy for Implementing Reductions.— 
Whenever the Secretary of Defense directs that there be a reduction in the total number of military medical personnel of the Department of Defense, the Secretary shall require that the reduction be carried out so as to ensure that the reduction is not exclusively or disproportionately borne by any one of the armed forces and is not exclusively or disproportionately borne by either the active or the reserve components.
(e) Definition.— 
In this section, the term medical personnel means
(1) the members of the armed forces covered by the term medical personnel as defined in section 115a (e)(2) of this title; and
(2) the civilian personnel of the Department of Defense assigned to military medical facilities.

10 USC 130 - Authority to withhold from public disclosure certain technical data

(a) Notwithstanding any other provision of law, the Secretary of Defense may withhold from public disclosure any technical data with military or space application in the possession of, or under the control of, the Department of Defense, if such data may not be exported lawfully outside the United States without an approval, authorization, or license under the Export Administration Act of 1979 (50 App. U.S.C. 2401–2420) or the Arms Export Control Act (22 U.S.C. 2751 et seq.). However, technical data may not be withheld under this section if regulations promulgated under either such Act authorize the export of such data pursuant to a general, unrestricted license or exemption in such regulations.
(b) Regulations under this section shall be published in the Federal Register for a period of no less than 30 days for public comment before promulgation. Such regulations shall address, where appropriate, releases of technical data to allies of the United States and to qualified United States contractors, including United States contractors that are small business concerns, for use in performing United States Government contracts.
(c) In this section, the term technical data with military or space application means any blueprints, drawings, plans, instructions, computer software and documentation, or other technical information that can be used, or be adapted for use, to design, engineer, produce, manufacture, operate, repair, overhaul, or reproduce any military or space equipment or technology concerning such equipment.

10 USC 130a - Repealed. Pub. L. 110181, div. A, title IX, 901(a)(1), Jan. 28, 2008, 122 Stat. 272]

Section, added Pub. L. 105–85, div. A, title IX, 911(a)(1), Nov. 18, 1997, 111 Stat. 1857; amended Pub. L. 106–65, div. A, title IX, 921(a)(1), Oct. 5, 1999, 113 Stat. 722; Pub. L. 106–398, § 1 [[div. A], title IX, 941], Oct. 30, 2000, 114 Stat. 1654, 1654A241; Pub. L. 108–375, div. A, title X, 1084(d)(2), Oct. 28, 2004, 118 Stat. 2061, related to major Department of Defense headquarters activities personnel.

10 USC 130b - Personnel in overseas, sensitive, or routinely deployable units: nondisclosure of personally identifying information

(a) Exemption From Disclosure.— 
The Secretary of Defense and, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security may, notwithstanding section 552 of title 5, authorize to be withheld from disclosure to the public personally identifying information regarding
(1) any member of the armed forces assigned to an overseas unit, a sensitive unit, or a routinely deployable unit; and
(2) any employee of the Department of Defense or of the Coast Guard whose duty station is with any such unit.
(b) Exceptions.— 

(1) The authority in subsection (a) is subject to such exceptions as the President may direct.
(2) Subsection (a) does not authorize any official to withhold, or to authorize the withholding of, information from Congress.
(c) Definitions.— 
In this section:
(1) The term personally identifying information, with respect to any person, means the persons name, rank, duty address, and official title and information regarding the persons pay.
(2) The term unit means a military organization of the armed forces designated as a unit by competent authority.
(3) The term overseas unit means a unit that is located outside the United States and its territories.
(4) The term sensitive unit means a unit that is primarily involved in training for the conduct of, or conducting, special activities or classified missions, including
(A) a unit involved in collecting, handling, disposing, or storing of classified information and materials;
(B) a unit engaged in training
(i) special operations units;
(ii) security group commands weapons stations; or
(iii) communications stations; and
(C) any other unit that is designated as a sensitive unit by the Secretary of Defense or, in the case of the Coast Guard when it is not operating as a service in the Navy, by the Secretary of Homeland Security.
(5) The term routinely deployable unit means a unit that normally deploys from its permanent home station on a periodic or rotating basis to meet peacetime operational requirements that, or to participate in scheduled training exercises that, routinely require deployments outside the United States and its territories. Such term includes a unit that is alerted for deployment outside the United States and its territories during an actual execution of a contingency plan or in support of a crisis operation.

10 USC 130c - Nondisclosure of information: certain sensitive information of foreign governments and international organizations

(a) Exemption From Disclosure.— 
The national security official concerned (as defined in subsection (h)) may withhold from public disclosure otherwise required by law sensitive information of foreign governments in accordance with this section.
(b) Information Eligible for Exemption.— 
For the purposes of this section, information is sensitive information of a foreign government only if the national security official concerned makes each of the following determinations with respect to the information:
(1) That the information was provided by, otherwise made available by, or produced in cooperation with, a foreign government or international organization.
(2) That the foreign government or international organization is withholding the information from public disclosure (relying for that determination on the written representation of the foreign government or international organization to that effect).
(3) That any of the following conditions are met:
(A) The foreign government or international organization requests, in writing, that the information be withheld.
(B) The information was provided or made available to the United States Government on the condition that it not be released to the public.
(C) The information is an item of information, or is in a category of information, that the national security official concerned has specified in regulations prescribed under subsection (g) as being information the release of which would have an adverse effect on the ability of the United States Government to obtain the same or similar information in the future.
(c) Information of Other Agencies.— 
If the national security official concerned provides to the head of another agency sensitive information of a foreign government, as determined by that national security official under subsection (b), and informs the head of the other agency of that determination, then the head of the other agency shall withhold the information from any public disclosure unless that national security official specifically authorizes the disclosure.
(d) Limitations.— 

(1) If a request for disclosure covers any sensitive information of a foreign government (as described in subsection (b)) that came into the possession or under the control of the United States Government before October 30, 2000, and more than 25 years before the request is received by an agency, the information may be withheld only as set forth in paragraph (3).
(2) 
(A) If a request for disclosure covers any sensitive information of a foreign government (as described in subsection (b)) that came into the possession or under the control of the United States Government on or after the date referred to in paragraph (1), the authority to withhold the information under this section is subject to the provisions of subparagraphs (B) and (C).
(B) Information referred to in subparagraph (A) may not be withheld under this section after
(i) the date that is specified by a foreign government or international organization in a request or expression of a condition described in paragraph (1) or (2) of subsection (b) that is made by the foreign government or international organization concerning the information; or
(ii) if there are more than one such foreign governments or international organizations, the latest date so specified by any of them.
(C) If no date is applicable under subparagraph (B) to a request referred to in subparagraph (A) and the information referred to in that subparagraph came into possession or under the control of the United States more than 10 years before the date on which the request is received by an agency, the information may be withheld under this section only as set forth in paragraph (3).
(3) Information referred to in paragraph (1) or (2)(C) may be withheld under this section in the case of a request for disclosure only if, upon the notification of each foreign government and international organization concerned in accordance with the regulations prescribed under subsection (g)(2), any such government or organization requests in writing that the information not be disclosed for an additional period stated in the request of that government or organization. After the national security official concerned considers the request of the foreign government or international organization, the official shall designate a later date as the date after which the information is not to be withheld under this section. The later date may be extended in accordance with a later request of any such foreign government or international organization under this paragraph.
(e) Information Protected Under Other Authority.— 
This section does not apply to information or matters that are specifically required in the interest of national defense or foreign policy to be protected against unauthorized disclosure under criteria established by an Executive order and are classified, properly, at the confidential, secret, or top secret level pursuant to such Executive order.
(f) Disclosures Not Affected.— 
Nothing in this section shall be construed to authorize any official to withhold, or to authorize the withholding of, information from the following:
(1) Congress.
(2) The Comptroller General, unless the information relates to activities that the President designates as foreign intelligence or counterintelligence activities.
(g) Regulations.— 

(1) The national security officials referred to in subsection (h)(1) shall each prescribe regulations to carry out this section. The regulations shall include criteria for making the determinations required under subsection (b). The regulations may provide for controls on access to and use of, and special markings and specific safeguards for, a category or categories of information subject to this section.
(2) The regulations shall include procedures for notifying and consulting with each foreign government or international organization concerned about requests for disclosure of information to which this section applies.
(h) Definitions.— 
In this section:
(1) The term national security official concerned means the following:
(A) The Secretary of Defense, with respect to information of concern to the Department of Defense, as determined by the Secretary.
(B) The Secretary of Homeland Security, with respect to information of concern to the Coast Guard, as determined by the Secretary, but only while the Coast Guard is not operating as a service in the Navy.
(C) The Secretary of Energy, with respect to information concerning the national security programs of the Department of Energy, as determined by the Secretary.
(2) The term agency has the meaning given that term in section 552 (f) of title 5.
(3) The term international organization means the following:
(A) A public international organization designated pursuant to section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) as being entitled to enjoy the privileges, exemptions, and immunities provided in such Act.
(B) A public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.
(C) An official mission, except a United States mission, to a public international organization referred to in subparagraph (A) or (B).

10 USC 130d - Treatment under Freedom of Information Act of certain confidential information shared with State and local personnel

Confidential business information and other sensitive but unclassified homeland security information in the possession of the Department of Defense that is shared, pursuant to section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482), with State and local personnel (as defined in such section) shall not be subject to disclosure under section 552 of title 5 by virtue of the sharing of such information with such personnel.

TITLE 10 - US CODE - CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

10 USC 131 - Office of the Secretary of Defense

(a) There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carrying out his duties and responsibilities and to carry out such other duties as may be prescribed by law.
(b) The Office of the Secretary of Defense is composed of the following:
(1) The Deputy Secretary of Defense.
(2) The Under Secretaries of Defense, as follows:
(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
(B) The Under Secretary of Defense for Policy.
(C) The Under Secretary of Defense (Comptroller).
(D) The Under Secretary of Defense for Personnel and Readiness.
(E) The Under Secretary of Defense for Intelligence.
(3) The Deputy Chief Management Officer of the Department of Defense.
(4) The Director of Defense Research and Engineering.
(5) The Assistant Secretaries of Defense.
(6) The Director of Operational Test and Evaluation.
(7) The General Counsel of the Department of Defense.
(8) The Inspector General of the Department of Defense.
(9) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office.
(c) Officers of the armed forces may be assigned or detailed to permanent duty in the Office of the Secretary of Defense. However, the Secretary may not establish a military staff in the Office of the Secretary of Defense.
(d) The Secretary of each military department, and the civilian employees and members of the armed forces under the jurisdiction of the Secretary, shall cooperate fully with personnel of the Office of the Secretary of Defense to achieve efficient administration of the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense.

10 USC 132 - Deputy Secretary of Defense

(a) There is a Deputy Secretary 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 Deputy Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
(b) The Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Deputy Secretary shall act for, and exercise the powers of, the Secretary when the Secretary is disabled or there is no Secretary of Defense.
(c) The Deputy Secretary serves as the Chief Management Officer of the Department of Defense. The Deputy Secretary shall be assisted in this capacity by a Deputy Chief Management Officer, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
(d) The Deputy Secretary takes precedence in the Department of Defense immediately after the Secretary.

10 USC 133 - Under Secretary of Defense for Acquisition, Technology, and Logistics

(a) There is an Under Secretary of Defense for Acquisition, Technology, and Logistics, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive management background.
(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall perform such duties and exercise such powers relating to acquisition as the Secretary of Defense may prescribe, including
(1) supervising Department of Defense acquisition;
(2) establishing policies for acquisition (including procurement of goods and services, research and development, developmental testing, and contract administration) for all elements of the Department of Defense;
(3) establishing policies for logistics, maintenance, and sustainment support for all elements of the Department of Defense;
(4) establishing policies of the Department of Defense for maintenance of the defense industrial base of the United States; and
(5) the authority to direct the Secretaries of the military departments and the heads of all other elements of the Department of Defense with regard to matters for which the Under Secretary has responsibility.
(c) The Under Secretary
(1) is the senior procurement executive for the Department of Defense for the purposes of section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414 (c));
(2) is the Defense Acquisition Executive for purposes of regulations and procedures of the Department providing for a Defense Acquisition Executive; and
(3) to the extent directed by the Secretary, exercises overall supervision of all personnel (civilian and military) in the Office of the Secretary of Defense with regard to matters for which the Under Secretary has responsibility, unless otherwise provided by law.
(d) 
(1) The Under Secretary shall prescribe policies to ensure that audit and oversight of contractor activities are coordinated and carried out in a manner to prevent duplication by different elements of the Department. Such policies shall provide for coordination of the annual plans developed by each such element for the conduct of audit and oversight functions within each contracting activity.
(2) In carrying out this subsection, the Under Secretary shall consult with the Inspector General of the Department of Defense.
(3) Nothing in this subsection shall affect the authority of the Inspector General of the Department of Defense to establish audit policy for the Department of Defense under the Inspector General Act of 1978 and otherwise to carry out the functions of the Inspector General under that Act.
(e) 
(1) With regard to all matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense.
(2) With regard to all matters other than matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, and the Secretaries of the military departments.

10 USC 133a - Deputy Under Secretary of Defense for Acquisition and Technology

(a) There is a Deputy Under Secretary of Defense for Acquisition and Technology, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) The Deputy Under Secretary of Defense for Acquisition and Technology shall assist the Under Secretary of Defense for Acquisition, Technology, and Logistics in the performance of the Under Secretarys duties relating to acquisition and technology.

10 USC 133b - Deputy Under Secretary of Defense for Logistics and Materiel Readiness

(a) There is a Deputy Under Secretary of Defense for Logistics and Materiel Readiness, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Deputy Under Secretary shall be appointed from among persons with an extensive background in the sustainment of major weapon systems and combat support equipment.
(b) The Deputy Under Secretary is the principal adviser to the Secretary and the Under Secretary of Defense for Acquisition, Technology, and Logistics on logistics and materiel readiness in the Department of Defense and is the principal logistics official within the senior management of the Department of Defense.
(c) The Deputy Under Secretary shall perform such duties relating to logistics and materiel readiness as the Under Secretary of Defense for Acquisition, Technology, and Logistics may assign, including
(1) prescribing, by authority of the Secretary of Defense, policies and procedures for the conduct of logistics, maintenance, materiel readiness, and sustainment support in the Department of Defense;
(2) advising and assisting the Secretary of Defense, the Deputy Secretary of Defense, and the Under Secretary of Defense for Acquisition, Technology, and Logistics providing guidance to and consulting with the Secretaries of the military departments, with respect to logistics, maintenance, materiel readiness, and sustainment support in the Department of Defense; and
(3) monitoring and reviewing all logistics, maintenance, materiel readiness, and sustainment support programs in the Department of Defense.

10 USC 134 - Under Secretary of Defense for Policy

(a) There is an Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
(b) 
(1) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.
(2) The Under Secretary shall assist the Secretary of Defense
(A) in preparing written policy guidance for the preparation and review of contingency plans; and
(B) in reviewing such plans.
(3) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall have responsibility for supervising and directing activities of the Department of Defense relating to export controls.
(4) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Policy shall have overall direction and supervision for policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense for combating terrorism.
(c) The Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Secretaries of the military departments.

10 USC 134a - Deputy Under Secretary of Defense for Policy

(a) There is a Deputy Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) The Deputy Under Secretary of Defense for Policy shall assist the Under Secretary of Defense for Policy in the performance of his duties. The Deputy Under Secretary of Defense for Policy shall act for, and exercise the powers of, the Under Secretary when the Under Secretary is absent or disabled.

10 USC 134b - Deputy Under Secretary of Defense for Technology Security Policy

(a) There is in the Office of the Under Secretary of Defense for Policy a Deputy Under Secretary of Defense for Technology Security Policy.
(b) The Deputy Under Secretary serves as the Director of the Defense Technology Security Administration (or any successor organization charged with similar responsibilities).
(c) The principal duties of the Deputy Under Secretary are
(1) assisting the Under Secretary of Defense for Policy in supervising and directing the activities of the Department of Defense relating to export controls; and
(2) assisting the Under Secretary of Defense for Policy in developing policies and positions regarding the appropriate export control policies and procedures that are necessary to protect the national security interests of the United States.
(d) The Deputy Under Secretary shall perform such additional duties and exercise such authority as the Secretary of Defense may prescribe.

10 USC 135 - Under Secretary of Defense (Comptroller)

(a) There is an Under Secretary of Defense (Comptroller), appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) The Under Secretary of Defense (Comptroller) is the agency Chief Financial Officer of the Department of Defense for the purposes of chapter 9 of title 31. The Under Secretary of Defense (Comptroller) shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe.
(c) The Under Secretary of Defense (Comptroller) shall advise and assist the Secretary of Defense
(1) in performing such budgetary and fiscal functions and duties, and in exercising such budgetary and fiscal powers, as are needed to carry out the powers of the Secretary;
(2) in supervising and directing the preparation of budget estimates of the Department of Defense;
(3) in establishing and supervising the execution of principles, policies, and procedures to be followed in connection with organizational and administrative matters relating to
(A) the preparation and execution of budgets;
(B) fiscal, cost, operating, and capital property accounting; and
(C) progress and statistical reporting;
(4) in establishing and supervising the execution of policies and procedures relating to the expenditure and collection of funds administered by the Department of Defense; and
(5) in establishing uniform terminologies, classifications, and procedures concerning matters covered by clauses (1) through (4).
(d) The Under Secretary of Defense (Comptroller) takes precedence in the Department of Defense after the Under Secretary of Defense for Policy.
(e) The Under Secretary of Defense (Comptroller) shall ensure that each of the congressional defense committees is informed, in a timely manner, regarding all matters relating to the budgetary, fiscal, and analytic activities of the Department of Defense that are under the supervision of the Under Secretary of Defense (Comptroller).

10 USC 136 - Under Secretary of Defense for Personnel and Readiness

(a) There is an Under Secretary of Defense for Personnel and Readiness, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness shall perform such duties and exercise such powers as the Secretary of Defense may prescribe in the areas of military readiness, total force management, military and civilian personnel requirements, military and civilian personnel training, military and civilian family matters, exchange, commissary, and nonappropriated fund activities, personnel requirements for weapons support, National Guard and reserve components, and health affairs.
(c) The Under Secretary of Defense for Personnel and Readiness takes precedence in the Department of Defense after the Under Secretary of Defense (Comptroller).
(d) The Under Secretary of Defense for Personnel and Readiness is responsible, subject to the authority, direction, and control of the Secretary of Defense, for the monitoring of the operations tempo and personnel tempo of the armed forces. The Under Secretary shall establish, to the extent practicable, uniform standards within the Department of Defense for terminology and policies relating to deployment of units and personnel away from their assigned duty stations (including the length of time units or personnel may be away for such a deployment) and shall establish uniform reporting systems for tracking deployments.

10 USC 136a - Deputy Under Secretary of Defense for Personnel and Readiness

(a) There is a Deputy Under Secretary of Defense for Personnel and Readiness, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) The Deputy Under Secretary of Defense for Personnel and Readiness shall assist the Under Secretary of Defense for Personnel and Readiness in the performance of the duties of that position. The Deputy Under Secretary of Defense for Personnel and Readiness shall act for, and exercise the powers of, the Under Secretary when the Under Secretary is absent or disabled.

10 USC 137 - Under Secretary of Defense for Intelligence

(a) There is an Under Secretary of Defense for Intelligence, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence shall perform such duties and exercise such powers as the Secretary of Defense may prescribe in the area of intelligence.
(c) The Under Secretary of Defense for Intelligence takes precedence in the Department of Defense after the Under Secretary of Defense for Personnel and Readiness.

10 USC 138 - Assistant Secretaries of Defense

(a) There are ten Assistant Secretaries of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) 
(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.
(2) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Reserve Affairs. He shall have as his principal duty the overall supervision of reserve component affairs of the Department of Defense.
(3) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Homeland Defense. He shall have as his principal duty the overall supervision of the homeland defense activities of the Department of Defense.
(4) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. He shall have as his principal duty the overall supervision (including oversight of policy and resources) of special operations activities (as defined in section 167 (j) of this title) and low intensity conflict activities of the Department of Defense. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters and (after the Secretary and Deputy Secretary) is the principal special operations and low intensity conflict official within the senior management of the Department of Defense.
(5) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Legislative Affairs. He shall have as his principal duty the overall supervision of legislative affairs of the Department of Defense.
(c) Except as otherwise specifically provided by law, an Assistant Secretary may not issue an order to a military department unless
(1) the Secretary of Defense has specifically delegated that authority to the Assistant Secretary in writing; and
(2) the order is issued through the Secretary of the military department concerned.
(d) The Assistant Secretaries take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, the Under Secretaries of Defense, and the Director of Defense Research and Engineering. The Assistant Secretaries take precedence among themselves in the order prescribed by the Secretary of Defense.

10 USC 139 - Director of Operational Test and Evaluation

(a) 
(1) There is a Director of Operational Test and Evaluation in the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the office of Director. The Director may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress.
(2) In this section:
(A) The term operational test and evaluation means
(i) the field test, under realistic combat conditions, of any item of (or key component of) weapons, equipment, or munitions for the purpose of determining the effectiveness and suitability of the weapons, equipment, or munitions for use in combat by typical military users; and
(ii) the evaluation of the results of such test.
(B) The term major defense acquisition program means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section 2430 of this title or that is designated as such a program by the Director for purposes of this section.
(b) The Director is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on operational test and evaluation in the Department of Defense and the principal operational test and evaluation official within the senior management of the Department of Defense. The Director shall
(1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of operational test and evaluation in the Department of Defense;
(2) provide guidance to and consult with the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Secretaries of the military departments with respect to operational test and evaluation in the Department of Defense in general and with respect to specific operational test and evaluation to be conducted in connection with a major defense acquisition program;
(3) monitor and review all operational test and evaluation in the Department of Defense;
(4) coordinate operational testing conducted jointly by more than one military department or defense agency;
(5) review and make recommendations to the Secretary of Defense on all budgetary and financial matters relating to operational test and evaluation, including operational test facilities and equipment, in the Department of Defense; and
(6) monitor and review the live fire testing activities of the Department of Defense provided for under section 2366 of this title.
(c) The Director may communicate views on matters within the responsibility of the Director directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense. The Director shall consult closely with, but the Director and the Directors staff are independent of, the Under Secretary of Defense for Acquisition, Technology, and Logistics and all other officers and entities of the Department of Defense responsible for acquisition.
(d) The Director may not be assigned any responsibility for developmental test and evaluation, other than the provision of advice to officials responsible for such testing.
(e) 
(1) The Secretary of a military department shall report promptly to the Director the results of all operational test and evaluation conducted by the military department and of all studies conducted by the military department in connection with operational test and evaluation in the military department.
(2) The Director may require that such observers as he designates be present during the preparation for and the conduct of the test part of any operational test and evaluation conducted in the Department of Defense.
(3) The Director shall have access to all records and data in the Department of Defense (including the records and data of each military department) that the Director considers necessary to review in order to carry out his duties under this section.
(f) 
(1) The Director of the Missile Defense Agency shall make available to the Director of Operational Test and Evaluation the results of all tests and evaluations conducted by the Missile Defense Agency and of all studies conducted by the Missile Defense Agency in connection with tests and evaluations in the Missile Defense Agency.
(2) The Director of Operational Test and Evaluation may require that such observers as the Director designates be present during the preparation for and the conducting of any test and evaluation conducted by the Missile Defense Agency.
(3) The Director of Operational Test and Evaluation shall have access to all records and data in the Department of Defense (including the records and data of the Missile Defense Agency) that the Director considers necessary to review in order to carry out his duties under this subsection.
(g) The Director shall ensure that safety concerns developed during the operational test and evaluation of a weapon system under a major defense acquisition program are communicated in a timely manner to the program manager for that program for consideration in the acquisition decisionmaking process.
(h) 
(1) The Director shall prepare an annual report summarizing the operational test and evaluation activities (including live fire testing activities) of the Department of Defense during the preceding fiscal year.
(2) Each such report shall be submitted concurrently to the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Congress not later than 10 days after the transmission of the budget for the next fiscal year under section 1105 of title 31.
(3) If the Director submits the report to Congress in a classified form, the Director shall concurrently submit an unclassified version of the report to Congress.
(4) The report shall include such comments and recommendations as the Director considers appropriate, including comments and recommendations on resources and facilities available for operational test and evaluation and levels of funding made available for operational test and evaluation activities. The report for a fiscal year shall also include an assessment of the waivers of and deviations from requirements in test and evaluation master plans and other testing requirements that occurred during the fiscal year, any concerns raised by the waivers or deviations, and the actions that have been taken or are planned to be taken to address the concerns.
(5) The Secretary may comment on any report of the Director to Congress under this subsection.
(i) The Director shall comply with requests from Congress (or any committee of either House of Congress) for information relating to operational test and evaluation in the Department of Defense.
(j) The President shall include in the Budget transmitted to Congress pursuant to section 1105 of title 31 for each fiscal year a separate statement of estimated expenditures and proposed appropriations for that fiscal year for the activities of the Director of Operational Test and Evaluation in carrying out the duties and responsibilities of the Director under this section.
(k) The Director shall have sufficient professional staff of military and civilian personnel to enable the Director to carry out the duties and responsibilities of the Director prescribed by law.

10 USC 139a - Director of Defense Research and Engineering

(a) There is a Director of Defense Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) Except as otherwise prescribed by the Secretary of Defense, the Director of Defense Research and Engineering shall perform such duties relating to research and engineering as the Under Secretary of Defense for Acquisition, Technology, and Logistics may prescribe.

10 USC 139b - Director of Operational Energy Plans and Programs

(a) Appointment.— 
There is a Director of Operational Energy Plans and Programs in the Department of Defense (in this section referred to as the Director), appointed by the President, by and with the advice and consent of the Senate. The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the office of Director.
(b) Duties.— 
The Director shall
(1) provide leadership and facilitate communication regarding, and conduct oversight to manage and be accountable for, operational energy plans and programs within the Department of Defense and the Army, Navy, Air Force, and Marine Corps;
(2) establish the operational energy strategy;
(3) coordinate and oversee planning and program activities of the Department of Defense and the Army, Navy, Air Force, and the Marine Corps related to
(A) implementation of the operational energy strategy;
(B) the consideration of operational energy demands in defense planning, requirements, and acquisition processes; and
(C) research and development investments related to operational energy demand and supply technologies; and
(4) monitor and review all operational energy initiatives in the Department of Defense.
(c) Principal Advisor for Operational Energy Plans and Programs.— 

(1) The Director is the principal adviser to the Secretary of Defense and the Deputy Secretary of Defense regarding operational energy plans and programs and the principal policy official within the senior management of the Department of Defense regarding operational energy plans and programs.
(2) The Director may communicate views on matters related to operational energy plans and programs and the operational energy strategy required by subsection (d) directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.
(d) Operational Energy Strategy.— 

(1) The Director shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within the military departments, the Office of the Secretary of Defense, and Defense Agencies.
(2) Not later than 90 days after the date on which the Director is first appointed, the Secretary of each of the military departments shall designate a senior official within each armed force under the jurisdiction of the Secretary who will be responsible for operational energy plans and programs for that armed force. The officials shall be responsible for coordinating with the Director and implementing initiatives pursuant to the strategy with regard to that officials armed force.
(3) By authority of the Secretary of Defense, the Director shall prescribe policies and procedures for the implementation of the strategy. The Director shall provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and the officials designated under paragraph (2) with respect to specific operational energy plans and programs to be carried out pursuant to the strategy.
(4) The initial strategy shall be submitted to the congressional defense committees not later than 180 days after the date on which the Director is first appointed. Subsequent updates to the strategy shall be submitted to the congressional defense committees as soon as practicable after the modifications to the strategy are made.
(e) Budgetary and Financial Matters.— 

(1) The Director shall review and make recommendations to the Secretary of Defense regarding all budgetary and financial matters relating to the operational energy strategy.
(2) The Secretary of Defense shall require that the Secretary of each military department and the head of each Defense Agency with responsibility for executing activities associated with the strategy transmit their proposed budget for those activities for a fiscal year to the Director for review before submission of the proposed budget to the Under Secretary of Defense (Comptroller).
(3) The Director shall review a proposed budget transmitted under paragraph (2) for a fiscal year and, not later than January 31 of the preceding fiscal year, shall submit to the Secretary of Defense a report containing the comments of the Director with respect to the proposed budget, together with the certification of the Director regarding whether the proposed budget is adequate for implementation of the strategy.
(4) Not later than 10 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year that the Director has not certified under paragraph (3). The report shall include the following:
(A) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budgets.
(B) Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets.
(5) The report required by paragraph (4) shall also include a separate statement of estimated expenditures and requested appropriations for that fiscal year for the activities of the Director in carrying out the duties of the Director.
(f) Access to Initiative Results and Records.— 

(1) The Secretary of a military department shall submit to the Director the results of all studies and initiatives conducted by the military department in connection with the operational energy strategy.
(2) The Director shall have access to all records and data in the Department of Defense (including the records and data of each military department) necessary in order to permit the Director to carry out the duties of the Director.
(g) Staff.— 
The Director shall have a dedicated professional staff of military and civilian personnel in a number sufficient to enable the Director to carry out the duties and responsibilities of the Director.
(h) Definitions.— 
In this section:
(1) Operational energy.— 
The term operational energy means the energy required for training, moving, and sustaining military forces and weapons platforms for military operations. The term includes energy used by tactical power systems and generators and weapons platforms.
(2) Operational energy strategy.— 
The terms operational energy strategy and strategy mean the operational energy strategy developed under subsection (d).

10 USC 139c - Renumbered 2434]

10 USC 140 - General Counsel

(a) There is a General Counsel of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) The General Counsel is the chief legal officer of the Department of Defense. He shall perform such functions as the Secretary of Defense may prescribe.

10 USC 140a - Renumbered 422]

10 USC 140b - Renumbered 423]

10 USC 140c - Renumbered 130]

10 USC 141 - Inspector General

(a) There is an Inspector General of the Department of Defense, who is appointed as provided in section 3 of the Inspector General Act of 1978 (Public Law 95452; 5 App. U.S.C. 3).
(b) The Inspector General performs the duties, has the responsibilities, and exercises the powers specified in the Inspector General Act of 1978.

10 USC 142 - Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs

(a) There is an Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, appointed by the President, by and with the advice and consent of the Senate.
(b) The Assistant to the Secretary shall
(1) advise the Secretary of Defense on nuclear energy, nuclear weapons, and chemical and biological defense;
(2) serve as the Staff Director of the Nuclear Weapons Council established by section 179 of this title; and
(3) perform such additional duties as the Secretary may prescribe.
(c) The Assistant to the Secretary shall be considered an Assistant Secretary of Defense for purposes of section 138 (d) of this title.

10 USC 143 - Office of the Secretary of Defense personnel: limitation

(a) Permanent Limitation on OSD Personnel.— 
The number of OSD personnel may not exceed 3,767.
(b) OSD Personnel Defined.— 
For purposes of this section, the term OSD personnel means military and civilian personnel of the Department of Defense who are assigned to, or employed in, functions in the Office of the Secretary of Defense (including Direct Support Activities of that Office and the Washington Headquarters Services of the Department of Defense).
(c) Limitation on Reassignment of Functions.— 
In carrying out reductions in the number of personnel assigned to, or employed in, the Office of the Secretary of Defense in order to comply with this section, the Secretary of Defense may not reassign functions solely in order to evade the requirements contained in this section.

10 USC 144 - Director of Small Business Programs

(a) Director.— 
There is a Director of Small Business Programs in the Department of Defense. The Director is appointed by the Secretary of Defense.
(b) Office of Small Business Programs.— 
The Office of Small Business Programs of the Department of Defense is the office that is established within the Office of the Secretary of Defense under section 15(k) of the Small Business Act (15 U.S.C. 644 (k)). The Director of Small Business Programs is the head of such office.
(c) Duties and Powers.— 

(1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of Defense, and shall exercise such powers regarding those programs, as the Secretary of Defense may prescribe.
(2) Section 15(k) of the Small Business Act (15 U.S.C. 644 (k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.

TITLE 10 - US CODE - CHAPTER 5 - JOINT CHIEFS OF STAFF

10 USC 151 - Joint Chiefs of Staff: composition; functions

(a) Composition.— 
There are in the Department of Defense the Joint Chiefs of Staff, headed by the Chairman of the Joint Chiefs of Staff. The Joint Chiefs of Staff consist of the following:
(1) The Chairman.
(2) The Vice Chairman.
(3) The Chief of Staff of the Army.
(4) The Chief of Naval Operations.
(5) The Chief of Staff of the Air Force.
(6) The Commandant of the Marine Corps.
(b) Function as Military Advisers.— 

(1) The Chairman of the Joint Chiefs of Staff is the principal military adviser to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense.
(2) The other members of the Joint Chiefs of Staff are military advisers to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense as specified in subsections (d) and (e).
(c) Consultation by Chairman.— 

(1) In carrying out his functions, duties, and responsibilities, the Chairman shall, as he considers appropriate, consult with and seek the advice of
(A) the other members of the Joint Chiefs of Staff; and
(B) the commanders of the unified and specified combatant commands.
(2) Subject to subsection (d), in presenting advice with respect to any matter to the President, the National Security Council, the Homeland Security Council, or the Secretary of Defense, the Chairman shall, as he considers appropriate, inform the President, the National Security Council, the Homeland Security Council, or the Secretary of Defense, as the case may be, of the range of military advice and opinion with respect to that matter.
(d) Advice and Opinions of Members Other Than Chairman.— 

(1) A member of the Joint Chiefs of Staff (other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Chairman to the President, the National Security Council, the Homeland Security Council, or the Secretary of Defense. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time he presents his own advice to the President, the National Security Council, the Homeland Security Council, or the Secretary of Defense, as the case may be.
(2) The Chairman shall establish procedures to ensure that the presentation of his own advice to the President, the National Security Council, the Homeland Security Council, or the Secretary of Defense is not unduly delayed by reason of the submission of the individual advice or opinion of another member of the Joint Chiefs of Staff.
(e) Advice on Request.— 
The members of the Joint Chiefs of Staff, individually or collectively, in their capacity as military advisers, shall provide advice to the President, the National Security Council, the Homeland Security Council, or the Secretary of Defense on a particular matter when the President, the National Security Council, the Homeland Security Council, or the Secretary requests such advice.
(f) Recommendations to Congress.— 
After first informing the Secretary of Defense, a member of the Joint Chiefs of Staff may make such recommendations to Congress relating to the Department of Defense as he considers appropriate.
(g) Meetings of JCS.— 

(1) The Chairman shall convene regular meetings of the Joint Chiefs of Staff.
(2) Subject to the authority, direction, and control of the President and the Secretary of Defense, the Chairman shall
(A) preside over the Joint Chiefs of Staff;
(B) provide agenda for the meetings of the Joint Chiefs of Staff (including, as the Chairman considers appropriate, any subject for the agenda recommended by any other member of the Joint Chiefs of Staff);
(C) assist the Joint Chiefs of Staff in carrying on their business as promptly as practicable; and
(D) determine when issues under consideration by the Joint Chiefs of Staff shall be decided.

10 USC 152 - Chairman: appointment; grade and rank

(a) Appointment; Term of Office.— 

(1) There is a Chairman of the Joint Chiefs of Staff, appointed by the President, by and with the advice and consent of the Senate, from the officers of the regular components of the armed forces. The Chairman serves at the pleasure of the President for a term of two years, beginning on October 1 of odd-numbered years. Subject to paragraph (3), an officer serving as Chairman may be reappointed in the same manner for two additional terms. However, in time of war there is no limit on the number of reappointments.
(2) In the event of the death, retirement, resignation, or reassignment of the officer serving as Chairman before the end of the term for which the officer was appointed, an officer appointed to fill the vacancy shall serve as Chairman only for the remainder of the original term, but may be reappointed as provided in paragraph (1).
(3) An officer may not serve as Chairman or Vice Chairman of the Joint Chiefs of Staff if the combined period of service of such officer in such positions exceeds six years. However, the President may extend to eight years the combined period of service an officer may serve in such positions if he determines such action is in the national interest. The limitations of this paragraph do not apply in time of war.
(b) Requirement for Appointment.— 

(1) The President may appoint an officer as Chairman of the Joint Chiefs of Staff only if the officer has served as
(A) the Vice Chairman of the Joint Chiefs of Staff;
(B) the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, or the Commandant of the Marine Corps; or
(C) the commander of a unified or specified combatant command.
(2) The President may waive paragraph (1) in the case of an officer if the President determines such action is necessary in the national interest.
(c) Grade and Rank.— 
The Chairman, while so serving, holds the grade of general or, in the case of an officer of the Navy, admiral and outranks all other officers of the armed forces. However, he may not exercise military command over the Joint Chiefs of Staff or any of the armed forces.

10 USC 153 - Chairman: functions

(a) Planning; Advice; Policy Formulation.— 
Subject to the authority, direction, and control of the President and the Secretary of Defense, the Chairman of the Joint Chiefs of Staff shall be responsible for the following:
(1) Strategic Direction.— 
Assisting the President and the Secretary of Defense in providing for the strategic direction of the armed forces.
(2) Strategic Planning.— 

(A) Preparing strategic plans, including plans which conform with resource levels projected by the Secretary of Defense to be available for the period of time for which the plans are to be effective.
(B) Preparing joint logistic and mobility plans to support those strategic plans and recommending the assignment of logistic and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans.
(C) Performing net assessments to determine the capabilities of the armed forces of the United States and its allies as compared with those of their potential adversaries.
(3) Contingency Planning; Preparedness.— 

(A) Providing for the preparation and review of contingency plans which conform to policy guidance from the President and the Secretary of Defense.
(B) Preparing joint logistic and mobility plans to support those contingency plans and recommending the assignment of logistic and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans.
(C) Advising the Secretary on critical deficiencies and strengths in force capabilities (including manpower, logistic, and mobility support) identified during the preparation and review of contingency plans and assessing the effect of such deficiencies and strengths on meeting national security objectives and policy and on strategic plans.
(D) Establishing and maintaining, after consultation with the commanders of the unified and specified combatant commands, a uniform system of evaluating the preparedness of each such command to carry out missions assigned to the command.
(4) Advice on Requirements, Programs, and Budget.— 

(A) Advising the Secretary, under section 163 (b)(2) of this title, on the priorities of the requirements identified by the commanders of the unified and specified combatant commands.
(B) Advising the Secretary on the extent to which the program recommendations and budget proposals of the military departments and other components of the Department of Defense for a fiscal year conform with the priorities established in strategic plans and with the priorities established for the requirements of the unified and specified combatant commands.
(C) Submitting to the Secretary alternative program recommendations and budget proposals, within projected resource levels and guidance provided by the Secretary, in order to achieve greater conformance with the priorities referred to in clause (B).
(D) Recommending to the Secretary, in accordance with section 166 of this title, a budget proposal for activities of each unified and specified combatant command.
(E) Advising the Secretary on the extent to which the major programs and policies of the armed forces in the area of manpower conform with strategic plans.
(F) Assessing military requirements for defense acquisition programs.
(5) Doctrine, Training, and Education.— 

(A) Developing doctrine for the joint employment of the armed forces.
(B) Formulating policies for the joint training of the armed forces.
(C) Formulating policies for coordinating the military education and training of members of the armed forces.
(6) Other Matters.— 

(A) Providing for representation of the United States on the Military Staff Committee of the United Nations in accordance with the Charter of the United Nations.
(B) Performing such other duties as may be prescribed by law or by the President or the Secretary of Defense.
(b) Risks Under National Military Strategy.— 

(1) Not later than January 1 of each odd-numbered year, the Chairman shall submit to the Secretary of Defense a report providing the Chairmans assessment of the nature and magnitude of the strategic and military risks associated with executing the missions called for under the current National Military Strategy.
(2) The Secretary shall forward the report received under paragraph (1) in any year, with the Secretarys comments thereon (if any), to Congress with the Secretarys next transmission to Congress of the annual Department of Defense budget justification materials in support of the Department of Defense component of the budget of the President submitted under section 1105 of title 31 for the next fiscal year. If the Chairmans assessment in such report in any year is that risk associated with executing the missions called for under the National Military Strategy is significant, the Secretary shall include with the report as submitted to Congress the Secretarys plan for mitigating that risk.
(c) Annual Report on Combatant Command Requirements.— 

(1) At or about the time that the budget is submitted to Congress for a fiscal year under section 1105 (a) of title 31, the Chairman shall submit to the congressional defense committees a report on the requirements of the combatant commands established under section 161 of this title.
(2) Each report under paragraph (1) shall contain the following:
(A) A consolidation of the integrated priority lists of requirements of the combatant commands.
(B) The Chairmans views on the consolidated lists.
(C) A description of the extent to which the most recent future-years defense program (under section 221 of this title) addresses the requirements on the consolidated lists.
(D) A description of the funding proposed in the Presidents budget for the next fiscal year, and for the subsequent fiscal years covered by the most recent future-years defense program, to address each deficiency in readiness identified during the joint readiness review conducted under section 117 of this title for the first quarter of the current fiscal year.
(d) Biennial Review of National Military Strategy.— 

(1) Not later then February 15 of each even-numbered year, the Chairman 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 the results of a comprehensive examination of the national military strategy. Each such examination shall be conducted by the Chairman in conjunction with the other members of the Joint Chiefs of Staff and the commanders of the unified and specified commands.
(2) Each report on the examination of the national military strategy under paragraph (1) shall include the following:
(A) Delineation of a national military strategy consistent with
(i) the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a);
(ii) the most recent annual report of the Secretary of Defense submitted to the President and Congress pursuant to section 113 of this title; and
(iii) the most recent Quadrennial Defense Review conducted by the Secretary of Defense pursuant to section 118 of this title.
(B) A description of the strategic environment and the opportunities and challenges that affect United States national interests and United States national security.
(C) A description of the regional threats to United States national interests and United States national security.
(D) A description of the international threats posed by terrorism, weapons of mass destruction, and asymmetric challenges to United States national security.
(E) Identification of United States national military objectives and the relationship of those objectives to the strategic environment, regional, and international threats.
(F) Identification of the strategy, underlying concepts, and component elements that contribute to the achievement of United States national military objectives.
(G) Assessment of the capabilities and adequacy of United States forces (including both active and reserve components) to successfully execute the national military strategy.
(H) Assessment of the capabilities, adequacy, and interoperability of regional allies of the United States and or other friendly nations to support United States forces in combat operations and other operations for extended periods of time.
(3) 
(A) As part of the assessment under this subsection, the Chairman, in conjunction with the other members of the Joint Chiefs of Staff and the commanders of the unified and specified commands, shall undertake an assessment of the nature and magnitude of the strategic and military risks associated with successfully executing the missions called for under the current National Military Strategy.
(B) In preparing the assessment of risk, the Chairman should make assumptions pertaining to the readiness of United States forces (in both the active and reserve components), the length of conflict and the level of intensity of combat operations, and the levels of support from allies and other friendly nations.
(4) Before submitting a report under this subsection to the Committees on Armed Services of the Senate and House of Representatives, the Chairman shall provide the report to the Secretary of Defense. The Secretarys assessment and comments thereon (if any) shall be included with the report. If the Chairmans assessment in such report in any year is that the risk associated with executing the missions called for under the National Military Strategy is significant, the Secretary shall include with the report as submitted to those committees the Secretarys plan for mitigating the risk.

10 USC 154 - Vice Chairman

(a) Appointment.— 

(1) There is a Vice Chairman of the Joint Chiefs of Staff, appointed by the President, by and with the advice and consent of the Senate, from the officers of the regular components of the armed forces.
(2) The Chairman and Vice Chairman may not be members of the same armed force. However, the President may waive the restriction in the preceding sentence for a limited period of time in order to provide for the orderly transition of officers appointed to serve in the positions of Chairman and Vice Chairman.
(3) The Vice Chairman serves at the pleasure of the President for a term of two years and may be reappointed in the same manner for two additional terms. However, in time of war there is no limit on the number of reappointments.
(b) Requirement for Appointment.— 

(1) The President may appoint an officer as Vice Chairman of the Joint Chiefs of Staff only if the officer
(A) has the joint specialty under section 661 of this title; and
(B) has completed a full tour of duty in a joint duty assignment (as defined in section 664 (f) of this title) as a general or flag officer.
(2) The President may waive paragraph (1) in the case of an officer if the President determines such action is necessary in the national interest.
(c) Duties.— 
The Vice Chairman performs the duties prescribed for him as a member of the Joint Chiefs of Staff and such other duties as may be prescribed by the Chairman with the approval of the Secretary of Defense.
(d) Function as Acting Chairman.— 
When there is a vacancy in the office of Chairman or in the absence or disability of the Chairman, the Vice Chairman acts as Chairman and performs the duties of the Chairman until a successor is appointed or the absence or disability ceases.
(e) Succession After Chairman and Vice Chairman.— 
When there is a vacancy in the offices of both Chairman and Vice Chairman or in the absence or disability of both the Chairman and the Vice Chairman, or when there is a vacancy in one such office and in the absence or disability of the officer holding the other, the President shall designate a member of the Joint Chiefs of Staff to act as and perform the duties of the Chairman until a successor to the Chairman or Vice Chairman is appointed or the absence or disability of the Chairman or Vice Chairman ceases.
(f) Grade and Rank.— 
The Vice Chairman, while so serving, holds the grade of general or, in the case of an officer of the Navy, admiral and outranks all other officers of the armed forces except the Chairman. The Vice Chairman may not exercise military command over the Joint Chiefs of Staff or any of the armed forces.

10 USC 155 - Joint Staff

(a) Appointment of Officers to Joint Staff.— 

(1) There is a Joint Staff under the Chairman of the Joint Chiefs of Staff. The Joint Staff assists the Chairman and, subject to the authority, direction, and control of the Chairman, the other members of the Joint Chiefs of Staff in carrying out their responsibilities.
(2) Officers of the armed forces (other than the Coast Guard) assigned to serve on the Joint Staff shall be selected by the Chairman in approximately equal numbers from
(A) the Army;
(B) the Navy and the Marine Corps; and
(C) the Air Force.
(3) Selection of officers of an armed force to serve on the Joint Staff shall be made by the Chairman from a list of officers submitted by the Secretary of the military department having jurisdiction over that armed force. Each officer whose name is submitted shall be among those officers considered to be the most outstanding officers of that armed force. The Chairman may specify the number of officers to be included on any such list.
(b) Director.— 
The Chairman of the Joint Chiefs of Staff, after consultation with the other members of the Joint Chiefs of Staff and with the approval of the Secretary of Defense, may select an officer to serve as Director of the Joint Staff.
(c) Management of Joint Staff.— 
The Chairman of the Joint Chiefs of Staff manages the Joint Staff and the Director of the Joint Staff. The Joint Staff shall perform such duties as the Chairman prescribes and shall perform such duties under such procedures as the Chairman prescribes.
(d) Operation of Joint Staff.— 
The Secretary of Defense shall ensure that the Joint Staff is independently organized and operated so that the Joint Staff supports the Chairman of the Joint Chiefs of Staff in meeting the congressional purpose set forth in the last clause of section 2 of the National Security Act of 1947 (50 U.S.C. 401) to provide
(1) for the unified strategic direction of the combatant forces;
(2) for their operation under unified command; and
(3) for their integration into an efficient team of land, naval, and air forces.
(e) Prohibition of Function as Armed Forces General Staff.— 
The Joint Staff shall not operate or be organized as an overall Armed Forces General Staff and shall have no executive authority. The Joint Staff may be organized and may operate along conventional staff lines.
(f) Tour of Duty of Joint Staff Officers.— 

(1) An officer who is assigned or detailed to permanent duty on the Joint Staff may not serve for a tour of duty of more than four years. However, such a tour of duty may be extended with the approval of the Secretary of Defense.
(2) In accordance with procedures established by the Secretary of Defense, the Chairman of the Joint Chiefs of Staff may suspend from duty and recommend the reassignment of any officer assigned to the Joint Staff. Upon receipt of such a recommendation, the Secretary concerned shall promptly reassign the officer.
(3) An officer completing a tour of duty with the Joint Staff may not be assigned or detailed to permanent duty on the Joint Staff within two years after relief from that duty except with the approval of the Secretary.
(4) Paragraphs (1) and (3) do not apply
(A) in time of war; or
(B) during a national emergency declared by the President or Congress.
(g) Composition of Joint Staff.— 

(1) The Joint Staff is composed of all members of the armed forces and civilian employees assigned or detailed to permanent duty in the executive part of the Department of Defense to perform the functions and duties prescribed under subsections (a) and (c).
(2) The Joint Staff does not include members of the armed forces or civilian employees assigned or detailed to permanent duty in a military department.

10 USC 156 - Legal Counsel to the Chairman of the Joint Chiefs of Staff

(a) In General.— 
There is a Legal Counsel to the Chairman of the Joint Chiefs of Staff.
(b) Selection for Appointment.— 
Under regulations prescribed by the Secretary of Defense, the officer selected for appointment to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall be recommended by a board of officers convened by the Secretary of Defense that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.
(c) Grade.— 
An officer appointed to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall, while so serving, hold the grade of brigadier general or rear admiral (lower half).
(d) Duties.— 

(1) The Legal Counsel of the Chairman of the Joint Chiefs of Staff shall perform such legal duties in support of the responsibilities of the Chairman of the Joint Chiefs of Staff as the Chairman may prescribe.
(2) No officer or employee of the Department of Defense may interfere with the ability of the Legal Counsel to give independent legal advice to the Chairman of the Joint Chiefs of Staff and to the Joint Chiefs of Staff.

TITLE 10 - US CODE - CHAPTER 6 - COMBATANT COMMANDS

10 USC 161 - Combatant commands: establishment

(a) Unified and Specified Combatant Commands.— 
With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall
(1) establish unified combatant commands and specified combatant commands to perform military missions; and
(2) prescribe the force structure of those commands.
(b) Periodic Review.— 

(1) The Chairman periodically (and not less often than every two years) shall
(A) review the missions, responsibilities (including geographic boundaries), and force structure of each combatant command; and
(B) recommend to the President, through the Secretary of Defense, any changes to such missions, responsibilities, and force structures as may be necessary.
(2) Except during time of hostilities or imminent threat of hostilities, the President shall notify Congress not more than 60 days after
(A) establishing a new combatant command; or
(B) significantly revising the missions, responsibilities, or force structure of an existing combatant command.
(c) Definitions.— 
In this chapter:
(1) The term unified combatant command means a military command which has broad, continuing missions and which is composed of forces from two or more military departments.
(2) The term specified combatant command means a military command which has broad, continuing missions and which is normally composed of forces from a single military department.
(3) The term combatant command means a unified combatant command or a specified combatant command.

10 USC 162 - Combatant commands: assigned forces; chain of command

(a) Assignment of Forces.— 

(1) Except as provided in paragraph (2), the Secretaries of the military departments shall assign all forces under their jurisdiction to unified and specified combatant commands or to the United States element of the North American Aerospace Defense Command to perform missions assigned to those commands. Such assignments shall be made as directed by the Secretary of Defense, including direction as to the command to which forces are to be assigned. The Secretary of Defense shall ensure that such assignments are consistent with the force structure prescribed by the President for each combatant command.
(2) Except as otherwise directed by the Secretary of Defense, forces to be assigned by the Secretaries of the military departments to the combatant commands or to the United States element of the North American Aerospace Defense Command under paragraph (1) do not include forces assigned to carry out functions of the Secretary of a military department listed in sections 3013 (b), 5013 (b), and 8013 (b) of this title or forces assigned to multinational peacekeeping organizations.
(3) A force assigned to a combatant command or to the United States element of the North American Aerospace Defense Command under this section may be transferred from the command to which it is assigned only
(A) by authority of the Secretary of Defense; and
(B) under procedures prescribed by the Secretary and approved by the President.
(4) Except as otherwise directed by the Secretary of Defense, all forces operating within the geographic area assigned to a unified combatant command shall be assigned to, and under the command of, the commander of that command. The preceding sentence applies to forces assigned to a specified combatant command only as prescribed by the Secretary of Defense.
(b) Chain of Command.— 
Unless otherwise directed by the President, the chain of command to a unified or specified combatant command runs
(1) from the President to the Secretary of Defense; and
(2) from the Secretary of Defense to the commander of the combatant command.

10 USC 163 - Role of Chairman of Joint Chiefs of Staff

(a) Communications Through Chairman of JCS; Assignment of Duties.— 
Subject to the limitations in section 152 (c) of this title, the President may
(1) direct that communications between the President or the Secretary of Defense and the commanders of the unified and specified combatant commands be transmitted through the Chairman of the Joint Chiefs of Staff; and
(2) assign duties to the Chairman to assist the President and the Secretary of Defense in performing their command function.
(b) Oversight by Chairman of Joint Chiefs of Staff.— 

(1) The Secretary of Defense may assign to the Chairman of the Joint Chiefs of Staff responsibility for overseeing the activities of the combatant commands. Such assignment by the Secretary to the Chairman does not confer any command authority on the Chairman and does not alter the responsibility of the commanders of the combatant commands prescribed in section 164 (b)(2) of this title.
(2) Subject to the authority, direction, and control of the Secretary of Defense, the Chairman of the Joint Chiefs of Staff serves as the spokesman for the commanders of the combatant commands, especially on the operational requirements of their commands. In performing such function, the Chairman shall
(A) confer with and obtain information from the commanders of the combatant commands with respect to the requirements of their commands;
(B) evaluate and integrate such information;
(C) advise and make recommendations to the Secretary of Defense with respect to the requirements of the combatant commands, individually and collectively; and
(D) communicate, as appropriate, the requirements of the combatant commands to other elements of the Department of Defense.

10 USC 164 - Commanders of combatant commands: assignment; powers and duties

(a) Assignment as Combatant Commander.— 

(1) The President may assign an officer to serve as the commander of a unified or specified combatant command only if the officer
(A) has the joint specialty under section 661 of this title; and
(B) has completed a full tour of duty in a joint duty assignment (as defined in section 664 (f) of this title) as a general or flag officer.
(2) The President may waive paragraph (1) in the case of an officer if the President determines that such action is necessary in the national interest.
(b) Responsibilities of Combatant Commanders.— 

(1) The commander of a combatant command is responsible to the President and to the Secretary of Defense for the performance of missions assigned to that command by the President or by the Secretary with the approval of the President.
(2) Subject to the direction of the President, the commander of a combatant command
(A) performs his duties under the authority, direction, and control of the Secretary of Defense; and
(B) is directly responsible to the Secretary for the preparedness of the command to carry out missions assigned to the command.
(c) Command Authority of Combatant Commanders.— 

(1) Unless otherwise directed by the President or the Secretary of Defense, the authority, direction, and control of the commander of a combatant command with respect to the commands and forces assigned to that command include the command functions of
(A) giving authoritative direction to subordinate commands and forces necessary to carry out missions assigned to the command, including authoritative direction over all aspects of military operations, joint training, and logistics;
(B) prescribing the chain of command to the commands and forces within the command;
(C) organizing commands and forces within that command as he considers necessary to carry out missions assigned to the command;
(D) employing forces within that command as he considers necessary to carry out missions assigned to the command;
(E) assigning command functions to subordinate commanders;
(F) coordinating and approving those aspects of administration and support (including control of resources and equipment, internal organization, and training) and discipline necessary to carry out missions assigned to the command; and
(G) exercising the authority with respect to selecting subordinate commanders, selecting combatant command staff, suspending subordinates, and convening courts-martial, as provided in subsections (e), (f), and (g) of this section and section 822 (a) of this title, respectively.
(2) 
(A) The Secretary of Defense shall ensure that a commander of a combatant command has sufficient authority, direction, and control over the commands and forces assigned to the command to exercise effective command over those commands and forces. In carrying out this subparagraph, the Secretary shall consult with the Chairman of the Joint Chiefs of Staff.
(B) The Secretary shall periodically review and, after consultation with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the commander of the combatant command, assign authority to the commander of the combatant command for those aspects of administration and support that the Secretary considers necessary to carry out missions assigned to the command.
(3) If a commander of a combatant command at any time considers his authority, direction, or control with respect to any of the commands or forces assigned to the command to be insufficient to command effectively, the commander shall promptly inform the Secretary of Defense.
(d) Authority Over Subordinate Commanders.— 
Unless otherwise directed by the President or the Secretary of Defense
(1) commanders of commands and forces assigned to a combatant command are under the authority, direction, and control of, and are responsible to, the commander of the combatant command on all matters for which the commander of the combatant command has been assigned authority under subsection (c);
(2) the commander of a command or force referred to in clause (1) shall communicate with other elements of the Department of Defense on any matter for which the commander of the combatant command has been assigned authority under subsection (c) in accordance with procedures, if any, established by the commander of the combatant command;
(3) other elements of the Department of Defense shall communicate with the commander of a command or force referred to in clause (1) on any matter for which the commander of the combatant command has been assigned authority under subsection (c) in accordance with procedures, if any, established by the commander of the combatant command; and
(4) if directed by the commander of the combatant command, the commander of a command or force referred to in clause (1) shall advise the commander of the combatant command of all communications to and from other elements of the Department of Defense on any matter for which the commander of the combatant command has not been assigned authority under subsection (c).
(e) Selection of Subordinate Commanders.— 

(1) An officer may be assigned to a position as the commander of a command directly subordinate to the commander of a combatant command or, in the case of such a position that is designated under section 601 of this title as a position of importance and responsibility, may be recommended to the President for assignment to that position, only
(A) with the concurrence of the commander of the combatant command; and
(B) in accordance with procedures established by the Secretary of Defense.
(2) The Secretary of Defense may waive the requirement under paragraph (1) for the concurrence of the commander of a combatant command with regard to the assignment (or recommendation for assignment) of a particular officer if the Secretary of Defense determines that such action is in the national interest.
(3) The commander of a combatant command shall
(A) evaluate the duty performance of each commander of a command directly subordinate to the commander of such combatant command; and
(B) submit the evaluation to the Secretary of the military department concerned and the Chairman of the Joint Chiefs of Staff.
(4) At least one deputy commander of the combatant command the geographic area of responsibility of which includes the United States shall be a qualified officer of the National Guard who is eligible for promotion to the grade of O9, unless a National Guard officer is serving as commander of that combatant command.
(f) Combatant Command Staff.— 

(1) Each unified and specified combatant command shall have a staff to assist the commander of the command in carrying out his responsibilities. Positions of responsibility on the combatant command staff shall be filled by officers from each of the armed forces having significant forces assigned to the command.
(2) An officer may be assigned to a position on the staff of a combatant command or, in the case of such a position that is designated under section 601 of this title as a position of importance and responsibility, may be recommended to the President for assignment to that position, only
(A) with the concurrence of the commander of such command; and
(B) in accordance with procedures established by the Secretary of Defense.
(3) The Secretary of Defense may waive the requirement under paragraph (2) for the concurrence of the commander of a combatant command with regard to the assignment (or recommendation for assignment) of a particular officer to serve on the staff of the combatant command if the Secretary of Defense determines that such action is in the national interest.
(g) Authority to Suspend Subordinates.— 
In accordance with procedures established by the Secretary of Defense, the commander of a combatant command may suspend from duty and recommend the reassignment of any officer assigned to such combatant command.

10 USC 165 - Combatant commands: administration and support

(a) In General.— 
The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide for the administration and support of forces assigned to each combatant command.
(b) Responsibility of Secretaries of Military Departments.— 
Subject to the authority, direction, and control of the Secretary of Defense and subject to the authority of commanders of the combatant commands under section 164 (c) of this title, the Secretary of a military department is responsible for the administration and support of forces assigned by him to a combatant command.
(c) Assignment of Responsibility to Other Components of DOD.— 
After consultation with the Secretaries of the military departments, the Secretary of Defense may assign the responsibility (or any part of the responsibility) for the administration and support of forces assigned to the combatant commands to other components of the Department of Defense (including Defense Agencies and combatant commands). A component assigned such a responsibility shall discharge that responsibility subject to the authority, direction, and control of the Secretary of Defense and subject to the authority of commanders of the combatant commands under section 164 (c) of this title.

10 USC 166 - Combatant commands: budget proposals

(a) Combatant Command Budgets.— 
The Secretary of Defense shall include in the annual budget of the Department of Defense submitted to Congress a separate budget proposal for such activities of each of the unified and specified combatant commands as may be determined under subsection (b).
(b) Content of Proposals.— 
A budget proposal under subsection (a) for funding of activities of a combatant command shall include funding proposals for such activities of the combatant command as the Secretary (after consultation with the Chairman of the Joint Chiefs of Staff) determines to be appropriate for inclusion. Activities of a combatant command for which funding may be requested in such a proposal include the following:
(1) Joint exercises.
(2) Force training.
(3) Contingencies.
(4) Selected operations.
(c) SOF Training With Foreign Forces.— 
A funding proposal for force training under subsection (b)(2) may include amounts for training expense payments authorized in section 2011 of this title.

10 USC 166a - Combatant commands: funding through the Chairman of Joint Chiefs of Staff

(a) Combatant Commander Initiative Fund.— 
From funds made available in any fiscal year for the budget account in the Department of Defense known as the Combatant Commander Initiative Fund, the Chairman of the Joint Chiefs of Staff may provide funds to the commander of a combatant command, upon the request of the commander, or, with respect to a geographic area or areas not within the area of responsibility of a commander of a combatant command, to an officer designated by the Chairman of the Joint Chiefs of Staff for such purpose. The Chairman may provide such funds for any of the activities named in subsection (b).
(b) Authorized Activities.— 
Activities for which funds may be provided under subsection (a) are the following:
(1) Force training.
(2) Contingencies.
(3) Selected operations.
(4) Command and control.
(5) Joint exercises (including activities of participating foreign countries).
(6) Humanitarian and civic assistance, to include urgent and unanticipated humanitarian relief and reconstruction assistance.
(7) Military education and training to military and related civilian personnel of foreign countries (including transportation, translation, and administrative expenses).
(8) Personnel expenses of defense personnel for bilateral or regional cooperation programs.
(9) Force protection.
(10) Joint warfighting capabilities.
(c) Priority.— 
The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the Combatant Commander Initiative Fund, should give priority consideration to
(1) requests for funds to be used for activities that would enhance the war fighting capability, readiness, and sustainability of the forces assigned to the commander requesting the funds;
(2) the provision of funds to be used for activities with respect to an area or areas not within the area of responsibility of a commander of a combatant command that would reduce the threat to, or otherwise increase, the national security of the United States; and
(3) the provision of funds to be used for urgent and unanticipated humanitarian relief and reconstruction assistance, particularly in a foreign country where the armed forces are engaged in a contingency operation.
(d) Relationship to Other Funding.— 
Any amount provided by the Chairman of the Joint Chiefs of Staff during any fiscal year out of the Combatant Commander Initiative Fund for an activity referred to in subsection (b) shall be in addition to amounts otherwise available for that activity for that fiscal year.
(e) Limitations.— 

(1) Of funds made available under this section for any fiscal year
(A) not more than $10,000,000 may be used to purchase items with a unit cost in excess of $15,000;
(B) not more than $10,000,000 may be used to pay for any expenses of foreign countries participating in joint exercises as authorized by subsection (b)(5); and
(C) not more than $5,000,000 may be used to provide military education and training (including transportation, translation, and administrative expenses) to military and related civilian personnel of foreign countries as authorized by subsection (b)(7).
(2) Funds may not be provided under this section for any activity that has been denied authorization by Congress.
(f) Inclusion of NORAD.— 
For purposes of this section, the Commander, United States Element, North American Aerospace Defense Command shall be considered to be a commander of a combatant command.

10 USC 166b - Combatant commands: funding for combating terrorism readiness initiatives

(a) Combating Terrorism Readiness Initiatives Fund.— 
From funds made available in any fiscal year for the budget account in the Department of Defense known as the Combating Terrorism Readiness Initiatives Fund, the Chairman of the Joint Chiefs of Staff may provide funds to the commander of a combatant command, upon the request of the commander, or, with respect to a geographic area or areas not within the area of responsibility of a commander of a combatant command, to an officer designated by the Chairman of the Joint Chiefs of Staff for such purpose. The Chairman may provide such funds for initiating any activity named in subsection (b) and for maintaining and sustaining the activity for the fiscal year in which initiated and one additional fiscal year.
(b) Authorized Activities.— 
Activities for which funds may be provided under subsection (a) are the following:
(1) Procurement and maintenance of physical security equipment.
(2) Improvement of physical security sites.
(3) Under extraordinary circumstances
(A) physical security management planning;
(B) procurement and support of security forces and security technicians;
(C) security reviews and investigations and vulnerability assessments; and
(D) any other activity relating to physical security.
(c) Priority.— 
The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the Combating Terrorism Readiness Initiatives Fund, should give priority consideration to emergency or emergent unforeseen high-priority requirements for combating terrorism.
(d) Relationship to Other Funding.— 
Any amount provided by the Chairman of the Joint Chiefs of Staff for a fiscal year out of the Combating Terrorism Readiness Initiatives Fund for an activity referred to in subsection (b) shall be in addition to amounts otherwise available for that activity for that fiscal year.
(e) Limitation.— 
Funds may not be provided under this section for any activity that has been denied authorization by Congress.

10 USC 167 - Unified combatant command for special operations forces

(a) Establishment.— 
With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under section 161 of this title a unified combatant command for special operations forces (hereinafter in this section referred to as the special operations command). The principal function of the command is to prepare special operations forces to carry out assigned missions.
(b) Assignment of Forces.— 
Unless otherwise directed by the Secretary of Defense, all active and reserve special operations forces of the armed forces stationed in the United States shall be assigned to the special operations command.
(c) Grade of Commander.— 
The commander of the special operations command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating his permanent grade. The commander of such command shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position.
(d) Command of Activity or Mission.— 

(1) Unless otherwise directed by the President or the Secretary of Defense, a special operations activity or mission shall be conducted under the command of the commander of the unified combatant command in whose geographic area the activity or mission is to be conducted.
(2) The commander of the special operations command shall exercise command of a selected special operations mission if directed to do so by the President or the Secretary of Defense.
(e) Authority of Combatant Commander.— 

(1) In addition to the authority prescribed in section 164 (c) of this title, the commander of the special operations command shall be responsible for, and shall have the authority to conduct, all affairs of such command relating to special operations activities.
(2) The commander of such command shall be responsible for, and shall have the authority to conduct, the following functions relating to special operations activities (whether or not relating to the special operations command):
(A) Developing strategy, doctrine, and tactics.
(B) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for special operations forces and for other forces assigned to the special operations command.
(C) Exercising authority, direction, and control over the expenditure of funds
(i) for forces assigned to the special operations command; and
(ii) for special operations forces assigned to unified combatant commands other than the special operations command, with respect to all matters covered by paragraph (4) and, with respect to a matter not covered by paragraph (4), to the extent directed by the Secretary of Defense.
(D) Training assigned forces.
(E) Conducting specialized courses of instruction for commissioned and noncommissioned officers.
(F) Validating requirements.
(G) Establishing priorities for requirements.
(H) Ensuring the interoperability of equipment and forces.
(I) Formulating and submitting requirements for intelligence support.
(J) Monitoring the promotions, assignments, retention, training, and professional military education of special operations forces officers.
(3) The commander of the special operations command shall be responsible for
(A) ensuring the combat readiness of forces assigned to the special operations command; and
(B) monitoring the preparedness to carry out assigned missions of special operations forces assigned to unified combatant commands other than the special operations command.
(4) 
(A) The commander of the special operations command shall be responsible for, and shall have the authority to conduct, the following:
(i) Development and acquisition of special operations-peculiar equipment.
(ii) Acquisition of special operations-peculiar material, supplies, and services.
(B) Subject to the authority, direction, and control of the Secretary of Defense, the commander of the command, in carrying out his functions under subparagraph (A), shall have authority to exercise the functions of the head of an agency under chapter 137 of this title.
(C) 
(i) The staff of the commander shall include a command acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the special operations command. The command acquisition executive shall have the authority to
(I) negotiate memoranda of agreement with the military departments to carry out the acquisition of equipment, material, supplies, and services described in subparagraph (A) on behalf of the command;
(II) supervise the acquisition of equipment, material, supplies, and services described in subparagraph (A), regardless of whether such acquisition is carried out by the command, or by a military department pursuant to a delegation of authority by the command;
(III) represent the command in discussions with the military departments regarding acquisition programs for which the command is a customer; and
(IV) work with the military departments to ensure that the command is appropriately represented in any joint working group or integrated product team regarding acquisition programs for which the command is a customer.
(ii) The command acquisition executive of the special operations command shall be included on the distribution list for acquisition directives and instructions of the Department of Defense.
(D) The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the special operations command and such other inspector general functions as may be assigned.
(f) Budget.— 
In addition to the activities of a combatant command for which funding may be requested under section 166 (b) of this title, the budget proposal of the special operations command shall include requests for funding for
(1) development and acquisition of special operations-peculiar equipment; and
(2) acquisition of other material, supplies, or services that are peculiar to special operations activities.
(g) Intelligence and Special Activities.— 
This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).
(h) Regulations.— 
The Secretary of Defense shall prescribe regulations for the activities of the special operations command. Such regulations shall include authorization for the commander of such command to provide for operational security of special operations forces and activities.
(i) Identification of Special Operations Forces.— 

(1) Subject to paragraph (2), for the purposes of this section special operations forces are those forces of the armed forces that
(A) are identified as core forces or as augmenting forces in the Joint Chiefs of Staff Joint Strategic Capabilities Plan, Annex E, dated December 17, 1985;
(B) are described in the Terms of Reference and Conceptual Operations Plan for the Joint Special Operations Command, as in effect on April 1, 1986; or
(C) are designated as special operations forces by the Secretary of Defense.
(2) The Secretary of Defense, after consulting with the Chairman of the Joint Chiefs of Staff and the commander of the special operations command, may direct that any force included within the description in paragraph (1)(A) or (1)(B) shall not be considered as a special operations force for the purposes of this section.
(j) Special Operations Activities.— 
For purposes of this section, special operations activities include each of the following insofar as it relates to special operations:
(1) Direct action.
(2) Strategic reconnaissance.
(3) Unconventional warfare.
(4) Foreign internal defense.
(5) Civil affairs.
(6) Psychological operations.
(7) Counterterrorism.
(8) Humanitarian assistance.
(9) Theater search and rescue.
(10) Such other activities as may be specified by the President or the Secretary of Defense.
(k) Budget Support for Reserve Elements.— 

(1) Before the budget proposal for the special operations command for any fiscal year is submitted to the Secretary of Defense, the commander of the command shall consult with the Secretaries of the military departments concerning funding for reserve component special operations units. If the Secretary of a military department does not concur in the recommended level of funding with respect to any such unit that is under the jurisdiction of the Secretary, the commander shall include with the budget proposal submitted to the Secretary of Defense the views of the Secretary of the military department concerning such funding.
(2) Before the budget proposal for a military department for any fiscal year is submitted to the Secretary of Defense, the Secretary of that military department shall consult with the commander of the special operations command concerning funding for special operations forces in the military personnel budget for a reserve component in that military department. If the commander of that command does not concur in the recommended level of funding with respect to reserve component special operations units, the Secretary shall include with the budget proposal submitted to the Secretary of Defense the views of the commander of that command.

10 USC 167a - Unified combatant command for joint warfighting experimentation: acquisition authority

(a) Limited Acquisition Authority for Commander of Certain Unified Combatant Command.— 
The Secretary of Defense may delegate to the commander of the unified combatant command referred to in subsection (b) authority of the Secretary under chapter 137 of this title sufficient to enable the commander to develop, acquire, and maintain equipment described in subsection (c). The exercise of authority so delegated is subject to the authority, direction, and control of the Secretary.
(b) Command Described.— 
The commander to whom authority is delegated under subsection (a) is the commander of the unified combatant command that has the mission for joint warfighting experimentation, as assigned by the Secretary of Defense.
(c) Equipment.— 
The equipment referred to in subsection (a) is as follows:
(1) Equipment for battle management command, control, communications, and intelligence.
(2) Any other equipment that the commander referred to in subsection (b) determines necessary and appropriate for
(A) facilitating the use of joint forces in military operations; or
(B) enhancing the interoperability of equipment used by the various components of joint forces.
(d) Exceptions.— 
The authority delegated under subsection (a) does not apply to the development or acquisition of a system for which
(1) the total expenditure for research, development, test, and evaluation is estimated to be $10,000,000 or more; or
(2) the total expenditure for procurement is estimated to be $50,000,000 or more.
(e) Internal Audits and Inspections.— 
The commander referred to in subsection (b) shall require the inspector general of that command to conduct internal audits and inspections of purchasing and contracting administered by the commander under the authority delegated under subsection (a).
(f) Limitation on Authority To Maintain Equipment.— 
The authority delegated under subsection (a) to maintain equipment is subject to the availability of funds authorized and appropriated specifically for that purpose.
(g) Termination.— 
The Secretary may delegate the authority referred to in subsection (a) only during fiscal years 2004 through 2010, and any authority so delegated shall not be in effect after September 30, 2010.

10 USC 168 - Military-to-military contacts and comparable activities

(a) Program Authority.— 
The Secretary of Defense may conduct military-to-military contacts and comparable activities that are designed to encourage a democratic orientation of defense establishments and military forces of other countries.
(b) Administration.— 
The Secretary may provide funds appropriated for carrying out subsection (a) to the following officials for use as provided in subsection (c):
(1) The commander of a combatant command, upon the request of the commander.
(2) An officer designated by the Chairman of the Joint Chiefs of Staff, with respect to an area or areas not under the area of responsibility of a commander of a combatant command.
(3) The head of any Department of Defense component.
(c) Authorized Activities.— 
An official provided funds under subsection (b) may use those funds for the following activities and expenses:
(1) The activities of traveling contact teams, including any transportation expense, translation services expense, or administrative expense that is related to such activities.
(2) The activities of military liaison teams.
(3) Exchanges of civilian or military personnel between the Department of Defense and defense ministries of foreign governments.
(4) Exchanges of military personnel between units of the armed forces and units of foreign armed forces.
(5) Seminars and conferences held primarily in a theater of operations.
(6) Distribution of publications primarily in a theater of operations.
(7) Personnel expenses for Department of Defense civilian and military personnel to the extent that those expenses relate to participation in an activity described in paragraph (3), (4), (5), or (6).
(8) Reimbursement of military personnel appropriations accounts for the pay and allowances paid to reserve component personnel for service while engaged in any activity referred to in another paragraph of this subsection.
(9) The assignment of personnel described in paragraph (3) or (4) on a non-reciprocal basis if the Secretary of Defense determines that such an assignment, rather than an exchange of personnel, is in the interests of the United States.
(d) Relationship to Other Funding.— 
Any amount provided during any fiscal year to an official under subsection (b) for an activity or expense referred to in subsection (c) shall be in addition to amounts otherwise available for those activities and expenses for that fiscal year.
(e) Limitations.— 

(1) Funds may not be provided under this section for a fiscal year for any activity for which
(A) funding was proposed in the budget submitted to Congress for that fiscal year pursuant to section 1105 (a) of title 31; and
(B) Congress did not authorize appropriations.
(2) An activity may not be conducted under this section with a foreign country unless the Secretary of State approves the conduct of such activity in that foreign country.
(3) Funds may not be provided under this section for a fiscal year for any country that is not eligible in that fiscal year for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961.
(4) Except for those activities specifically authorized under subsection (c), funds may not be used under this section for the provision of defense articles or defense services to any country or for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961.
(5) Funds available to carry out this section shall be available, to the extent provided in appropriations Acts, for programs or activities under this section that begin in a fiscal year and end in the following fiscal year.
(f) Active Duty End Strengths.— 
A member of a reserve component who is engaged in activities authorized under this section shall not be counted for purposes of the following personnel strength limitations:
(1) The end strength for active-duty personnel authorized pursuant to section 115 (a)(1) of this title for the fiscal year in which the member carries out the activities referred to under this section.
(2) The authorized daily average for members in pay grades E8 and E9 under section 517 of this title for the calendar year in which the member carries out such activities.
(3) The authorized strengths for commissioned officers under section 523 of this title for the fiscal year in which the member carries out such activities.
(g) Military-to-Military Contacts Defined.— 
In this section, the term military-to-military contacts means contacts between members of the armed forces and members of foreign armed forces through activities described in subsection (c).

TITLE 10 - US CODE - CHAPTER 7 - BOARDS, COUNCILS, AND COMMITTEES

10 USC 171 - Armed Forces Policy Council

(a) There is in the Department of Defense an Armed Forces Policy Council consisting of
(1) the Secretary of Defense, as Chairman, with the power of decision;
(2) the Deputy Secretary of Defense;
(3) the Under Secretary of Defense for Acquisition, Technology, and Logistics;
(4) the Secretary of the Army;
(5) the Secretary of the Navy;
(6) the Secretary of the Air Force;
(7) the Under Secretary of Defense for Policy;
(8) the Deputy Under Secretary of Defense for Acquisition and Technology;
(9) the Chairman of the Joint Chiefs of Staff;
(10) the Chief of Staff of the Army;
(11) the Chief of Naval Operations;
(12) the Chief of Staff of the Air Force; and
(13) the Commandant of the Marine Corps.
(b) The Armed Forces Policy Council shall advise the Secretary of Defense on matters of broad policy relating to the armed forces and shall consider and report on such other matters as the Secretary of Defense may direct.

10 USC 172 - Ammunition storage board

(a) The Secretaries of the military departments, acting through a joint board selected by them composed of officers, civilian officers and employees of the Department of Defense, or both, shall keep informed on stored supplies of ammunition and components thereof for use of the Army, Navy, Air Force, and Marine Corps, with particular regard to keeping those supplies properly dispersed and stored and to preventing hazardous conditions from arising to endanger life and property inside or outside of storage reservations.
(b) The board shall confer with and advise the Secretaries of the military departments in carrying out the recommendations in House Document No. 199 of the Seventieth Congress.

10 USC 173 - Advisory personnel

(a) The Secretary of Defense may establish such advisory committees and employ such part-time advisers as he considers necessary for the performance of his functions and those of the agencies under his control.
(b) A person who serves as a member of a committee may not be paid for that service while holding another position or office under the United States for which he receives compensation. Other members and part-time advisers shall (except as otherwise specifically authorized by law) serve without compensation for such service.

10 USC 174 - Advisory personnel: research and development

(a) The Secretary of each military department may establish such advisory committees and panels as are necessary for the research and development activities of his department and may employ such part-time advisers as he considers necessary to carry out those activities.
(b) A person who serves as a member of such a committee or panel may not be paid for that service while holding another position or office under the United States for which he receives compensation. Other members and part-time advisers shall (except as otherwise specifically authorized by law) serve without compensation for such service.
(c) The Secretary concerned may delegate any authority under this section to
(1) the Under Secretary of his department;
(2) an Assistant Secretary of his department; or
(3) the chief, and one assistant to the chief, of any technical service, bureau, or office.

10 USC 175 - Reserve Forces Policy Board

There is in the Office of the Secretary of Defense a Reserve Forces Policy Board. The functions, membership, and organization of that board are set forth in section 10301 of this title.

10 USC 176 - Armed Forces Institute of Pathology

(a) 
(1) There is in the Department of Defense an Institute to be known as the Armed Forces Institute of Pathology (hereinafter in this section referred to as the Institute), which has the responsibilities, functions, authority, and relationships set forth in this section. The Institute shall be a joint entity of the three military departments, subject to the authority, direction, and control of the Secretary of Defense.
(2) The Institute shall consist of a Board of Governors, a Director, two Deputy Directors, and a staff of such professional, technical, and clerical personnel as may be required.
(3) The Board of Governors shall consist of the Assistant Secretary of Defense for Health Affairs, who shall serve as chairman of the Board of Governors, the Assistant Secretary of Health and Human Services for Health, the Surgeons General of the Army, Navy, and Air Force, the Under Secretary for Health of the Department of Veterans Affairs, and a former Director of the Institute, as designated by the Secretary of Defense, or the designee of any of the foregoing.
(4) The Director and the Deputy Directors shall be appointed by the Secretary of Defense.
(b) 
(1) In carrying out the provisions of this section, the Institute is authorized to
(A) contract with the American Registry of Pathology (established under section 177 of this title) for cooperative enterprises in medical research, consultation, and education between the Institute and the civilian medical profession under such conditions as may be agreed upon between the Board of Governors and the American Registry of Pathology;
(B) make available at no cost to the American Registry of Pathology such space, facilities, equipment, and support services within the Institute as the Board of Governors deems necessary for the accomplishment of their mutual cooperative enterprises; and
(C) contract with the American Registry of Pathology for the services of such professional, technical, or clerical personnel as are necessary to fulfill their cooperative enterprises.
(2) No contract may be entered into under paragraph (1) which obligates the Institute to make outlays in advance of the enactment of budget authority for such outlays.
(c) The Director is authorized, with the approval of the Board of Governors, to enter into agreements with the American Registry of Pathology for the services at any time of not more than six distinguished pathologists or scientists of demonstrated ability and experience for the purpose of enhancing the activities of the Institute in education, consultation, and research. Such pathologists or scientists may be appointed by the Director to administrative positions within the components or subcomponents of the Institute and may be authorized by the Director to exercise any or all professional duties within the Institute, notwithstanding any other provision of law. The Secretary of Defense, on a case-by-case basis, may waive the limitation on the number of distinguished pathologists or scientists with whom agreements may be entered into under this subsection if the Secretary determines that such waiver is in the best interest of the Department of Defense.
(d) The Secretary of Defense shall promulgate such regulations as may be necessary to prescribe the organization, functions, and responsibilities of the Institute.

10 USC 177 - American Registry of Pathology

(a) 
(1) There is authorized to be established a nonprofit">nonprofit corporation to be known as the American Registry of Pathology which shall not for any purpose be an agency or establishment of the United States Government. The American Registry of Pathology shall be subject to the provisions of this section and, to the extent not inconsistent with this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–501 et seq.).
(2) The American Registry of Pathology shall have a Board of Members (hereinafter in this section referred to as the Board) consisting of not less than eleven individuals who are representatives of those professional societies and organizations which sponsor individual registries of pathology at the Armed Forces Institute of Pathology, of whom one shall be elected annually by the Board to serve as chairman. Each such sponsor shall appoint one member to the Board for a term of four years.
(3) The American Registry of Pathology shall have a Director, who shall be appointed by the Board with the concurrence of the Director of the Armed Forces Institute of Pathology, and such other officers as may be named and appointed by the Board. Such officers shall be compensated at rates fixed by the Board and shall serve at the pleasure of the Board.
(4) The members of the initial Board shall serve as incorporators and shall take whatever actions are necessary to establish under the District of Columbia Nonprofit Corporation Act the corporation authorized by paragraph (1).
(5) The term of office of each member of the Board shall be four years, except that
(A)  any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term,
(B)  the terms of office of members first taking office shall begin on the date of incorporation and shall expire, as designated at the time of their appointment and to the maximum extent practicable, one fourth at the end of one year, one fourth at the end of two years, one fourth at the end of three years, and one fourth at the end of four years, and
(C)  a member whose term has expired may serve until his successor has qualified. No member shall be eligible to serve more than two consecutive terms of four years each.
(6) Any vacancy in the Board shall not affect its powers, but such vacancy shall be filled in the manner in which the original appointment was made.
(b) In order to carry out the purposes of this section, the American Registry of Pathology is authorized to
(1) enter into contracts with the Armed Forces Institute of Pathology for the provision of such services and personnel as may be necessary to carry out their cooperative enterprises;
(2) enter into contracts with public and private organizations for the writing, editing, printing, and publishing of fascicles of tumor pathology, atlases, and other material;
(3) accept gifts and grants from and enter into contracts with individuals, private foundations, professional societies, institutions, and governmental agencies;
(4) enter into agreements with professional societies for the establishment and maintenance of Registries of Pathology; and
(5) serve as a focus for the interchange between military and civilian pathology and encourage the participation of medical, dental, and veterinary sciences in pathology for the mutual benefit of military and civilian medicine.
(c) In the performance of the functions set forth in subsection (b), the American Registry of Pathology is authorized to
(1) enter into such other contracts, leases, cooperative agreements, or other transactions as the Board deems appropriate to conduct the activities of the American Registry of Pathology; and
(2) charge such fees for professional services as the Board deems reasonable and appropriate.
(d) The American Registry of Pathology may transmit to the Director and the Board of Governors of the Armed Forces Institute of Pathology and to the sponsors referred to in subsection (a)(2) annually, and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments.

10 USC 178 - The Henry M. Jackson Foundation for the Advancement of Military Medicine

(a) There is authorized to be established a nonprofit">nonprofit corporation to be known as the Henry M. Jackson Foundation for the Advancement of Military Medicine (hereinafter in this section referred to as the Foundation) which shall not for any purpose be an agency or instrumentality of the United States Government. The Foundation shall be subject to the provisions of this section and, to the extent not inconsistent with this section, the Corporations and Associations Articles of the State of Maryland.
(b) It shall be the purpose of the Foundation
(1)  to carry out medical research and education projects under cooperative arrangements with the Uniformed Services University of the Health Sciences,
(2)  to serve as a focus for the interchange between military and civilian medical personnel, and
(3)  to encourage the participation of the medical, dental, nursing, veterinary, and other biomedical sciences in the work of the Foundation for the mutual benefit of military and civilian medicine.
(c) 
(1) The Foundation shall have a Council of Directors (hereinafter in this section referred to as the Council) composed of
(A) the Chairmen and ranking minority members of the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives (or their designees from the membership of such committees), who shall be ex officio members,
(B) the Dean of the Uniformed Services University of the Health Sciences, who shall be an ex officio member, and
(C) four members appointed by the ex officio members of the Council designated in clauses (A) and (B).
(2) The term of office of each member of the Council appointed under clause (C) of paragraph (1) shall be four years, except that
(A) any person appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and
(B) the terms of office of members first taking office shall expire, as designated by the ex officio members of the Council at the time of the appointment, two at the end of two years and two at the end of four years.
(3) The Council shall elect a chairman from among its members.
(d) 
(1) The Foundation shall have an Executive Director who shall be appointed by the Council and shall serve at the pleasure of the Council. The Executive Director shall be responsible for the day-to-day operations of the Foundation and shall have such specific duties and responsibilities as the Council shall prescribe.
(2) The rate of compensation of the Executive Director shall be fixed by the Council.
(e) The initial members of the Council shall serve as incorporators and take whatever actions as are necessary to establish under the Corporations and Associations Articles of the State of Maryland the corporation authorized by subsection (a).
(f) Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner in which the original designation or appointment was made.
(g) In order to carry out the purposes of this section, the Foundation is authorized to
(1) enter into contracts with, accept grants from, and make grants to the Uniformed Services University of the Health Sciences for the purpose of carrying out cooperative enterprises in medical research, medical consultation, and medical education, including contracts for provision of such personnel and services as may be necessary to carry out such cooperative enterprises;
(2) enter into contracts with public and private organizations for the writing, editing, printing, and publishing of books and other material;
(3) take such action as may be necessary to obtain patents and licenses for devices and procedures developed by the Foundation and its employees;
(4) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation;
(5) enter into contracts with individuals, public or private organizations, professional societies, and government agencies for the purpose of carrying out the functions of the Foundation;
(6) enter into such other contracts, leases, cooperative agreements, and other transactions as the Executive Director considers appropriate to conduct the activities of the Foundation; and
(7) charge such fees for professional services furnished by the Foundation as the Executive Director determines reasonable and appropriate.
(h) A person who is a full-time or part-time employee of the Foundation may not be an employee (full-time or part-time) of the Federal Government.
(i) The Council shall transmit to the President annually, and at such other times as the Council considers desirable, a report on the operations, activities, and accomplishments of the Foundation.

10 USC 179 - Nuclear Weapons Council

(a) Establishment; Membership.— 
There is a Nuclear Weapons Council (hereinafter in this section referred to as the Council) operated as a joint activity of the Department of Defense and the Department of Energy. The membership of the Council is comprised of the following officers of those departments:
(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Under Secretary for Nuclear Security of the Department of Energy.
(4) The Under Secretary of Defense for Policy.
(5) The commander of the United States Strategic Command.
(b) Chairman; Meetings.— 

(1) Except as provided in paragraph (2), the Chairman of the Council shall be the member designated under subsection (a)(1).
(2) A meeting of the Council shall be chaired by the Under Secretary for Nuclear Security of the Department of Energy whenever the matter under consideration is within the primary responsibility or concern of the Department of Energy, as determined by majority vote of the Council.
(3) The Council shall meet not less often than once every three months.
(c) Staff and Administrative Services; Staff Director.— 

(1) The Secretary of Defense and the Secretary of Energy shall enter into an agreement with the Council to furnish necessary staff and administrative services to the Council.
(2) The Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs shall be the Staff Director of the Council.
(3) 
(A) Whenever the position of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs has been vacant a period of more than 6 months, the Secretary of Energy shall designate a qualified individual to serve as acting staff director of the Council until the position of that Assistant to the Secretary is filled.
(B) An individual designated under subparagraph (A) shall possess substantial technical and policy experience relevant to the management and oversight of nuclear weapons programs.
(d) Responsibilities.— 
The Council shall be responsible for the following matters:
(1) Preparing the annual Nuclear Weapons Stockpile Memorandum.
(2) Developing nuclear weapons stockpiles options and the costs of such options.
(3) Coordinating programming and budget matters pertaining to nuclear weapons programs between the Department of Defense and the Department of Energy.
(4) Identifying various options for cost-effective schedules for nuclear weapons production.
(5) Considering safety, security, and control issues for existing weapons and for proposed new weapon program starts.
(6) Ensuring that adequate consideration is given to design, performance, and cost tradeoffs for all proposed new nuclear weapons programs.
(7) Providing broad guidance regarding priorities for research on nuclear weapons.
(8) Coordinating and approving activities conducted by the Department of Energy for the study, development, production, and retirement of nuclear warheads, including concept definition studies, feasibility studies, engineering development, hardware component fabrication, warhead production, and warhead retirement.
(9) Preparing comments on annual proposals for budget levels for research on nuclear weapons and transmitting those comments to the Secretary of Defense and the Secretary of Energy before the preparation of the annual budget requests by the Secretaries of those departments.
(10) Providing
(A) broad guidance regarding priorities for research on improved conventional weapons, and
(B) comments on annual proposals for budget levels for research on improved conventional weapons, and transmitting such guidance and comments to the Secretary of Defense before the preparation of the annual budget request of the Department of Defense.
(e) Report on Difficulties Relating to Safety or Reliability.— 
The Council shall submit to Congress a report on any analysis conducted by the Council with respect to difficulties at nuclear weapons laboratories or nuclear weapons production plants that have significant bearing on confidence in the safety or reliability of nuclear weapons or nuclear weapon types.
(f) Annual Report.— 
Each fiscal year, at the same time the President submits the budget pursuant to section 1105 of title 31, the Chairman of the Council, through the Secretary of Energy, shall submit to the congressional defense committees a report, in classified form, on the following:
(1) The effectiveness and efficiency of the Council, and of the deliberative and decisionmaking processes used by the Council, in carrying out the responsibilities described in subsection (d).
(2) A description of all activities conducted by the Department of Energy during that fiscal year, or planned to be conducted by the Department of Energy during the next fiscal year, for the study, development, production, and retirement of nuclear warheads and that have been approved by the Council, including a description of
(A) the concept definition activities and feasibility studies conducted or planned to be conducted by the Department of Energy;
(B) the schedule for completion of each such activity or study; and
(C) the degree to which each such activity or study is consistent with United States policy for new nuclear warhead development or warhead modification and with established or projected military requirements.
(3) A description of the activities of the Council during the 12-month period ending on the date of the report together with any assessments or studies conducted by the Council during that period.
(4) A description of the highest priority requirements of the Department of Defense with respect to the Department of Energy stockpile stewardship and management program as of that date.
(5) An assessment of the extent to which the requirements referred to in paragraph (4) are being addressed by the Department of Energy as of that date.

10 USC 180 - Service academy athletic programs: review board

(a) Independent Review Board.— 
The Secretary of Defense shall appoint a board to review the administration of the athletics programs of the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.
(b) Composition of Board.— 
The Secretary shall appoint the members of the board from among distinguished administrators of institutions of higher education, members of Congress, members of the Boards of Visitors of the academies, and other experts in collegiate athletics programs. The Superintendents of the three academies shall be members of the board. The Secretary shall designate one member of the board, other than a Superintendent of an academy, as Chairman.
(c) Duties.— 
The board shall, on an annual basis
(1) review all aspects of the athletics programs of the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy, including
(A) the policies relating to the administration of such programs;
(B) the appropriateness of the balance between the emphasis placed by each academy on athletics and the emphasis placed by such academy on academic pursuits; and
(C) the extent to which all athletes in all sports are treated equitably under the athletics program of each academy; and
(2) determine ways in which the administration of the athletics programs at the academies can serve as models for the administration of athletics programs at civilian institutions of higher education.
(d) Administrative Provisions.— 

(1) Each member of the board who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for Executive Schedule Level IV under section 5315 of title 5, for each day (including travel time) during which such member is engaged in the performance of the duties of the board. Members of the board who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
(2) The members of the board 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, while away from their homes or regular places of business in the performance of services for the board.

10 USC 181 - Joint Requirements Oversight Council

(a) Establishment.— 
The Secretary of Defense shall establish a Joint Requirements Oversight Council in the Department of Defense.
(b) Mission.— 
In addition to other matters assigned to it by the President or Secretary of Defense, the Joint Requirements Oversight Council shall
(1) assist the Chairman of the Joint Chiefs of Staff
(A) in identifying, assessing, and approving joint military requirements (including existing systems and equipment) to meet the national military strategy; and
(B) in identifying the core mission area associated with each such requirement;
(2) assist the Chairman in establishing and assigning priority levels for joint military requirements;
(3) assist the Chairman in reviewing the estimated level of resources required in the fulfillment of each joint military requirement and in ensuring that such resource level is consistent with the level of priority assigned to such requirement; and
(4) assist acquisition officials in identifying alternatives to any acquisition program that meet joint military requirements for the purposes of section 2366a (b), section 2366b(a)(4), and section 2433 (e)(2) of this title.
(c) Composition.— 

(1) The Joint Requirements Oversight Council is composed of
(A) the Chairman of the Joint Chiefs of Staff, who is the chairman of the Council;
(B) an Army officer in the grade of general;
(C) a Navy officer in the grade of admiral;
(D) an Air Force officer in the grade of general; and
(E) a Marine Corps officer in the grade of general.
(2) Members of the Council, other than the Chairman of the Joint Chiefs of Staff, shall be selected by the Chairman of the Joint Chiefs of Staff, after consultation with the Secretary of Defense, from officers in the grade of general or admiral, as the case may be, who are recommended for such selection by the Secretary of the military department concerned.
(3) The functions of the Chairman of the Joint Chiefs of Staff as chairman of the Council may only be delegated to the Vice Chairman of the Joint Chiefs of Staff.
(d) Advisors.— 
The Under Secretary of Defense for Acquisition, Technology, and Logistics, the Under Secretary of Defense (Comptroller), and the Director of the Office of Program Analysis and Evaluation shall serve as advisors to the Council on matters within their authority and expertise.
(e) Organization.— 
The Joint Requirements Oversight Council shall conduct periodic reviews of joint military requirements within a core mission area of the Department of Defense. In any such review of a core mission area, the officer or official assigned to lead the review shall have a deputy from a different military department.
(f) Availability of Oversight Information to Congressional Defense Committees.— 

(1) The Secretary of Defense shall ensure that, in the case of a recommendation by the Chairman to the Secretary that is approved by the Secretary, oversight information with respect to such recommendation that is produced as a result of the activities of the Joint Requirements Oversight Council is made available in a timely fashion to the congressional defense committees.
(2) In this subsection, the term oversight information means information and materials comprising analysis and justification that are prepared to support a recommendation that is made to, and approved by, the Secretary of Defense.
(g) Definitions.— 
In this section:
(1) The term joint military requirement means a capability necessary to fulfill a gap in a core mission area of the Department of Defense.
(2) The term core mission area means a core mission area of the Department of Defense identified under the most recent quadrennial roles and missions review pursuant to section 118b of this title.

10 USC 182 - Center for Excellence in Disaster Management and Humanitarian Assistance

(a) Establishment.— 
The Secretary of Defense may operate a Center for Excellence in Disaster Management and Humanitarian Assistance (in this section referred to as the Center).
(b) Missions.— 

(1) The Center shall be used to provide and facilitate education, training, and research in civil-military operations, particularly operations that require international disaster management and humanitarian assistance and operations that require coordination between the Department of Defense and other agencies.
(2) The Center shall be used to make available high-quality disaster management and humanitarian assistance in response to disasters.
(3) The Center shall be used to provide and facilitate education, training, interagency coordination, and research on the following additional matters:
(A) Management of the consequences of nuclear, biological, and chemical events.
(B) Management of the consequences of terrorism.
(C) Appropriate roles for the reserve components in the management of such consequences and in disaster management and humanitarian assistance in response to natural disasters.
(D) Meeting requirements for information in connection with regional and global disasters, including the use of advanced communications technology as a virtual library.
(E) Tropical medicine, particularly in relation to the medical readiness requirements of the Department of Defense.
(4) The Center shall develop a repository of disaster risk indicators for the Asia-Pacific region.
(5) The Center shall perform such other missions as the Secretary of Defense may specify.
(c) Joint Operation With Educational Institution Authorized.— 
The Secretary of Defense may enter into an agreement with appropriate officials of an institution of higher education to provide for joint operation of the Center. Any such agreement shall provide for the institution to furnish necessary administrative services for the Center, including administration and allocation of funds.
(d) Acceptance of Donations.— 

(1) Except as provided in paragraph (2), the Secretary of Defense may accept, on behalf of the Center, donations to be used to defray the costs of the Center or to enhance the operation of the Center. Such donations may be accepted from any agency of the Federal Government, any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any other private source in the United States or a foreign country.
(2) The Secretary may not accept a donation under paragraph (1) if the acceptance of the donation would compromise or appear to compromise
(A) the ability of the Department of Defense, any employee of the Department, or members of the armed forces, to carry out any responsibility or duty of the Department in a fair and objective manner; or
(B) the integrity of any program of the Department of Defense or of any person involved in such a program.
(3) The Secretary shall prescribe written guidance setting forth the criteria to be used in determining whether or not the acceptance of a foreign donation would have a result described in paragraph (2).
(4) Funds accepted by the Secretary under paragraph (1) as a donation on behalf of the Center shall be credited to appropriations available to the Department of Defense for the Center. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Center for the same purposes and the same period as the appropriations with which merged.

10 USC 183 - Department of Defense Board of Actuaries

(a) In General.— 
There shall be in the Department of Defense a Department of Defense Board of Actuaries (hereinafter in this section referred to as the Board).
(b) Members.— 

(1) The Board shall consist of three members who shall be appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries.
(2) The members of the Board shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which the members predecessor was appointed shall only serve until the end of such term. A member may serve after the end of the members term until the members successor takes office.
(3) A member of the Board may be removed by the Secretary of Defense only for misconduct or failure to perform functions vested in the Board.
(4) A member of the Board who is not an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of chapter 53 of title 5 for each day the member is engaged in the performance of the duties of the Board and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of that title in connection with such duties.
(c) Duties.— 
The Board shall have the following duties:
(1) To review valuations of the Department of Defense Military Retirement Fund in accordance with section 1465 (c) of this title and submit to the President and Congress, not less often than once every four years, a report on the status of that Fund, including such recommendations for modifications to the funding or amortization of that Fund as the Board considers appropriate and necessary to maintain that Fund on a sound actuarial basis.
(2) To review valuations of the Department of Defense Education Benefits Fund in accordance with section 2006 (e) of this title and make recommendations to the President and Congress on such modifications to the funding or amortization of that Fund as the Board considers appropriate to maintain that Fund on a sound actuarial basis.
(3) To review valuations of such other funds as the Secretary of Defense shall specify for purposes of this section and make recommendations to the President and Congress on such modifications to the funding or amortization of such funds as the Board considers appropriate to maintain such funds on a sound actuarial basis.
(d) Records.— 
The Secretary of Defense shall ensure that the Board has access to such records regarding the funds referred to in subsection (c) as the Board shall require to determine the actuarial status of such funds.
(e) Reports.— 

(1) The Board shall submit to the Secretary of Defense on an annual basis a report on the actuarial status of each of the following:
(A) The Department of Defense Military Retirement Fund.
(B) The Department of Defense Education Benefits Fund.
(C) Each other fund specified by Secretary under subsection (c)(3).
(2) The Board shall also furnish its advice and opinion on matters referred to it by the Secretary.

10 USC 184 - Regional Centers for Security Studies

(a) In General.— 
The Secretary of Defense shall administer the Department of Defense Regional Centers for Security Studies in accordance with this section as international venues for bilateral and multilateral research, communication, and exchange of ideas involving military and civilian participants.
(b) Regional Centers Specified.— 

(1) A Department of Defense Regional Center for Security Studies is a Department of Defense institution that
(A) is operated, and designated as such, by the Secretary of Defense for the study of security issues relating to a specified geographic region of the world; and
(B) serves as a forum for bilateral and multilateral research, communication, and exchange of ideas involving military and civilian participants.
(2) The Department of Defense Regional Centers for Security Studies are the following:
(A) The George C. Marshall European Center for Security Studies, established in 1993 and located in Garmisch-Partenkirchen, Germany.
(B) The Asia-Pacific Center for Security Studies, established in 1995 and located in Honolulu, Hawaii.
(C) The Center for Hemispheric Defense Studies, established in 1997 and located in Washington, D.C.
(D) The Africa Center for Strategic Studies, established in 1999 and located in Washington, D.C.
(E) The Near East South Asia Center for Strategic Studies, established in 2000 and located in Washington, D.C.
(3) No institution or element of the Department of Defense may be designated as a Department of Defense Regional Center for Security Studies for purposes of this section, other than the institutions specified in paragraph (2), except as specifically provided by law after the date of the enactment of this section.
(c) Regulations.— 
The administration of the Regional Centers under this section shall be carried out under regulations prescribed by the Secretary.
(d) Participation.— 
Participants in activities of the Regional Centers may include United States and foreign military, civilian, and nongovernmental personnel.
(e) Employment and Compensation of Faculty.— 
At each Regional Center, the Secretary may, subject to the availability of appropriations
(1) employ a Director, a Deputy Director, and as many civilians as professors, instructors, and lecturers as the Secretary considers necessary; and
(2) prescribe the compensation of such persons, in accordance with Federal guidelines.
(f) Payment of Costs.— 

(1) Participation in activities of a Regional Center shall be on a reimbursable basis (or by payment in advance), except in a case in which reimbursement is waived in accordance with paragraph (3).
(2) For a foreign national participant, payment of costs may be made by the participant, the participants own government, by a Department or agency of the United States other than the Department of Defense, or by a gift or donation on behalf of one or more Regional Centers accepted under section 2611 of this title on behalf of the participants government.
(3) The Secretary of Defense may waive reimbursement of the costs of activities of the Regional Centers for foreign military officers and foreign defense and security civilian government officials from a developing country if the Secretary determines that attendance of such personnel without reimbursement is in the national security interest of the United States. Costs for which reimbursement is waived pursuant to this paragraph shall be paid from appropriations available to the Regional Centers.
(4) Funds accepted for the payment of costs shall be credited to the appropriation then currently available to the Department of Defense for the Regional Center that incurred the costs. Funds so credited shall be merged with the appropriation to which credited and shall be available to that Regional Center for the same purposes and same period as the appropriation with which merged.
(5) Funds available for the payment of personnel expenses under the Latin American cooperation authority set forth in section 1050 of this title are also available for the costs of the operation of the Center for Hemispheric Defense Studies.
(6) Funds available to carry out this section, including funds accepted under paragraph (4) and funds available under paragraph (5), shall be available, to the extent provided in appropriations Acts, for programs and activities under this section that begin in a fiscal year and end in the following fiscal year.
(g) Support to Other Agencies.— 
The Director of a Regional Center may enter into agreements with the Secretaries of the military departments, the heads of the Defense Agencies, and, with the concurrence of the Secretary of Defense, the heads of other Federal departments and agencies for the provision of services by that Regional Center under this section. Any such participating department and agency shall transfer to the Regional Center funds to pay the full costs of the services received.
(h) Annual Report.— 
Not later than February 1 of each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the operation of the Regional Centers for security studies during the preceding fiscal year. The annual report shall include, for each Regional Center, the following information:
(1) The status and objectives of the center.
(2) The budget of the center, including the costs of operating the center.
(3) A description of the extent of the international participation in the programs of the center, including the costs incurred by the United States for the participation of each foreign nation.
(4) A description of the foreign gifts and donations, if any, accepted under section 2611 of this title.

10 USC 185 - Financial Management Modernization Executive Committee

(a) Establishment of Financial Management Modernization Executive Committee.— 

(1) The Secretary of Defense shall establish a Financial Management Modernization Executive Committee.
(2) The Committee shall be composed of the following:
(A) The Under Secretary of Defense (Comptroller), who shall be the chairman of the committee.
(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
(C) The Under Secretary of Defense for Personnel and Readiness.
(D) The Chief Information Officer of the Department of Defense.
(E) Such additional personnel of the Department of Defense (including appropriate personnel of the military departments and Defense Agencies) as are designated by the Secretary.
(3) The Committee shall be accountable to the Senior Executive Council (composed of the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force).
(b) Duties.— 
In addition to other matters assigned to it by the Secretary of Defense, the Committee shall have the following duties:
(1) To establish a process that ensures that each critical accounting system, financial management system, and data feeder system of the Department of Defense is compliant with applicable Federal financial management and reporting requirements.
(2) To develop a management plan for the implementation of the financial and data feeder systems compliance process established pursuant to paragraph (1).
(3) To supervise and monitor the actions that are necessary to implement the management plan developed pursuant to paragraph (2), as approved by the Secretary of Defense.
(4) To ensure that a Department of Defense financial management enterprise architecture is developed and maintained in accordance with
(A) the overall business process transformation strategy of the Department; and
(B) the architecture framework of the Department for command, control, communications, computers, intelligence, surveillance, and reconnaissance functions.
(5) To ensure that investments in existing or proposed financial management systems for the Department comply with the overall business practice transformation strategy of the Department and the financial management enterprise architecture developed under paragraph (4).
(6) To provide an annual accounting of each financial and data feeder system investment technology project to ensure that each such project is being implemented at acceptable cost and within a reasonable schedule and is contributing to tangible, observable improvements in mission performance.
(c) Management Plan for Implementation of Financial Data Feeder Systems Compliance Process.— 
The management plan developed under subsection (b)(2) shall include among its principal elements at least the following elements:
(1) A requirement for the establishment and maintenance of a complete inventory of all budgetary, accounting, finance, and data feeder systems that support the transformed business processes of the Department and produce financial statements.
(2) A phased process (consisting of the successive phases of Awareness, Evaluation, Renovation, Validation, and Compliance) for improving systems referred to in paragraph (1) that provides for mapping financial data flow from the cognizant Department business function source (as part of the overall business process transformation strategy of the Department) to Department financial statements.
(3) Periodic submittal to the Secretary of Defense, the Deputy Secretary of Defense, and the Senior Executive Council (or any combination thereof) of reports on the progress being made in achieving financial management transformation goals and milestones included in the annual financial management improvement plan in 2002.
(4) Documentation of the completion of each phase specified in paragraph (2) of improvements made to each accounting, finance, and data feeder system of the Department.
(5) Independent audit by the Inspector General of the Department, the audit agencies of the military departments, and private sector firms contracted to conduct validation audits (or any combination thereof) at the validation phase for each accounting, finance, and data feeder system.
(d) Data Feeder Systems.— 
In this section, the term data feeder system means an automated or manual system from which information is derived for a financial management system or an accounting system.

10 USC 186 - Defense Business System Management Committee

(a) Establishment.— 
The Secretary of Defense shall establish a Defense Business Systems Management Committee, to be composed of the following persons:
(1) The Deputy Secretary of Defense.
(2) The Deputy Chief Management Officer of the Department of Defense.
(3) The Under Secretary of Defense for Acquisition, Logistics, and Technology.
(4) The Under Secretary of Defense for Personnel and Readiness.
(5) The Under Secretary of Defense (Comptroller).
(6) The Assistant Secretary of Defense for Networks and Information Integration.
(7) The Chief Management Officers of the military departments and the heads of such Defense Agencies as may be designated by the Secretary of Defense.
(8) Such additional personnel of the Department of Defense (including personnel assigned to the Joint Chiefs of Staff and combatant commands) as are designated by the Secretary of Defense.
(b) Chairman and Vice Chairman.— 
The Deputy Secretary of Defense shall serve as the chairman of the Committee. The Deputy Chief Management Officer of the Department of Defense shall serve as the vice chairman of the Committee, and shall act as chairman in the absence of the Deputy Secretary of Defense.
(c) [1] Duties.(1) In addition to any other matters assigned to the Committee by the Secretary of Defense, the Committee shall
(A) recommend to the Secretary of Defense policies and procedures necessary to effectively integrate the requirements of section 2222 of this title into all business activities and any transformation, reform, reorganization, or process improvement initiatives undertaken within the Department of Defense;
(B) review and approve any major update of the defense business enterprise architecture developed under subsection (b) of section 2222 of this title, including evolving the architecture, and of defense business systems modernization plans; and
(C) manage cross-domain integration consistent with such enterprise architecture.
(2) The Committee shall be responsible for coordinating defense business system modernization initiatives to maximize benefits and minimize costs for the Department of Defense and periodically report to the Secretary on the status of defense business system modernization efforts.
(3) The Committee shall ensure that funds are obligated for defense business system modernization in a manner consistent with section 2222 of this title.
(c) [1] Definitions.In this section, the terms defense business system and defense business system modernization have the meanings given such terms in section 2222 of this title.
[1] So in original. Two subsecs. (c) have been enacted.

10 USC 187 - Strategic Materials Protection Board

(a) Establishment.— 

(1) The Secretary of Defense shall establish a Strategic Materials Protection Board.
(2) The Board shall be composed of representatives of the following:
(A) The Secretary of Defense, who shall be the chairman of the Board.
(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
(C) The Under Secretary of Defense for Intelligence.
(D) The Secretary of the Army.
(E) The Secretary of the Navy.
(F) The Secretary of the Air Force.
(b) Duties.— 
In addition to other matters assigned to it by the Secretary of Defense, the Board shall
(1) determine the need to provide a long term domestic supply of materials designated as critical to national security to ensure that national defense needs are met;
(2) analyze the risk associated with each material designated as critical to national security and the effect on national defense that the nonavailability of such material from a domestic source would have;
(3) recommend a strategy to the President to ensure the domestic availability of materials designated as critical to national security;
(4) recommend such other strategies to the President as the Board considers appropriate to strengthen the industrial base with respect to materials critical to national security; and
(5) publish not less frequently than once every two years in the Federal Register recommendations regarding materials critical to national security, including a list of specialty metals, if any, recommended for addition to, or removal from, the definition of specialty metal for purposes of section 2533b of this title.
(c) Meetings.— 
The Board shall meet as determined necessary by the Secretary of Defense but not less frequently than once every two years to make recommendations regarding materials critical to national security as described in subsection (b)(5).
(d) Reports.— 
After each meeting of the Board, the Board shall prepare and submit to Congress a report containing the results of the meeting and such recommendations as the Board determines appropriate.

TITLE 10 - US CODE - CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES

TITLE 10 - US CODE - SUBCHAPTER I - COMMON SUPPLY AND SERVICE ACTIVITIES

10 USC 191 - Secretary of Defense: authority to provide for common performance of supply or service activities

(a) Authority.— 
Whenever the Secretary of Defense determines such action would be more effective, economical, or efficient, the Secretary may provide for the performance of a supply or service activity that is common to more than one military department by a single agency of the Department of Defense.
(b) Designation of Common Supply or Service Agency.— 
Any agency of the Department of Defense established under subsection (a) (or under the second sentence of section 125 (d) of this title (as in effect before October 1, 1986)) for the performance of a supply or service activity referred to in such subsection shall be designated as a Defense Agency or a Department of Defense Field Activity.

10 USC 192 - Defense Agencies and Department of Defense Field Activities: oversight by the Secretary of Defense

(a) Overall Supervision.— 

(1) The Secretary of Defense shall assign responsibility for the overall supervision of each Defense Agency and Department of Defense Field Activity designated under section 191 (b) of this title
(A) to a civilian officer within the Office of the Secretary of Defense listed in section 131 (b) of this title; or
(B) to the Chairman of the Joint Chiefs of Staff.
(2) An official assigned such a responsibility with respect to a Defense Agency or Department of Defense Field Activity shall advise the Secretary of Defense on the extent to which the program recommendations and budget proposals of such agency or activity conform with the requirements of the military departments and of the unified and specified combatant commands.
(3) This subsection does not apply to the Defense Intelligence Agency or the National Security Agency.
(b) Program and Budget Review.— 
The Secretary of Defense shall establish procedures to ensure that there is full and effective review of the program recommendations and budget proposals of each Defense Agency and Department of Defense Field Activity.
(c) Periodic Review.— 

(1) Periodically (and not less often than every two years), the Secretary of Defense shall review the services and supplies provided by each Defense Agency and Department of Defense Field Activity to ensure that
(A) there is a continuing need for each such agency and activity; and
(B) the provision of those services and supplies by each such agency and activity, rather than by the military departments, is a more effective, economical, or efficient manner of providing those services and supplies or of meeting the requirements for combat readiness of the armed forces.
(2) Paragraph (1) shall apply to the National Security Agency as determined appropriate by the Secretary, in consultation with the Director of National Intelligence. The Secretary shall establish procedures under which information required for review of the National Security Agency shall be obtained.
(d) Special Rule for Defense Commissary Agency.— 
Notwithstanding the results of any periodic review under subsection (c) with regard to the Defense Commissary Agency, the Secretary of Defense may not transfer to the Secretary of a military department the responsibility to manage and fund the provision of services and supplies provided by the Defense Commissary Agency unless the transfer of the management and funding responsibility is specifically authorized by a law enacted after October 17, 1998.
(e) Special Rule for Defense Business Transformation Agency.— 

(1) The Defense Business Transformation Agency shall be supervised by the vice chairman of the Defense Business System Management Committee.
(2) Notwithstanding the results of any periodic review under subsection (c) with regard to the Defense Business Transformation Agency, the Secretary of Defense shall designate that the Director of the Agency shall report directly to the Deputy Chief Management Officer of the Department of Defense.

10 USC 193 - Combat support agencies: oversight

(a) Combat Readiness.— 

(1) Periodically (and not less often than every two years), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense a report on the combat support agencies. Each such report shall include
(A) a determination with respect to the responsiveness and readiness of each such agency to support operating forces in the event of a war or threat to national security; and
(B) any recommendations that the Chairman considers appropriate.
(2) In preparing each such report, the Chairman shall review the plans of each such agency with respect to its support of operating forces in the event of a war or threat to national security. After consultation with the Secretaries of the military departments and the commanders of the unified and specified combatant commands, as appropriate, the Chairman may, with the approval of the Secretary of Defense, take steps to provide for any revision of those plans that the Chairman considers appropriate.
(b) Participation in Joint Training Exercises.— 
The Chairman shall
(1) provide for the participation of the combat support agencies in joint training exercises to the extent necessary to ensure that those agencies are capable of performing their support missions with respect to a war or threat to national security; and
(2) assess the performance in joint training exercises of each such agency and, in accordance with guidelines established by the Secretary of Defense, take steps to provide for any change that the Chairman considers appropriate to improve that performance.
(c) Readiness Reporting System.— 
The Chairman shall develop, in consultation with the director of each combat support agency, a uniform system for reporting to the Secretary of Defense, the commanders of the unified and specified combatant commands, and the Secretaries of the military departments concerning the readiness of each such agency to perform with respect to a war or threat to national security.
(d) Review of National Security Agency and National Geospatial-Intelligence Agency.— 

(1) Subsections (a), (b), and (c) shall apply to the National Security Agency and the National Geospatial-Intelligence Agency, but only with respect to combat support functions that the agencies perform for the Department of Defense.
(2) The Secretary, after consulting with the Director of National Intelligence, shall establish policies and procedures with respect to the application of subsections (a), (b), and (c) to the National Security Agency and the National Geospatial-Intelligence Agency.
(e) Combat Support Capabilities of DIA, NSA, and NGA.— 
The Secretary of Defense, in consultation with the Director of National Intelligence, shall develop and implement, as they may determine to be necessary, policies and programs to correct such deficiencies as the Chairman of the Joint Chiefs of Staff and other officials of the Department of Defense may identify in the capabilities of the Defense Intelligence Agency, the National Security Agency, and the National Geospatial-Intelligence Agency to accomplish assigned missions in support of military combat operations.
(f) Definition of Combat Support Agency.— 
In this section, the term combat support agency means any of the following Defense Agencies:
(1) The Defense Information Systems Agency.
(2) The Defense Intelligence Agency.
(3) The Defense Logistics Agency.
(4) The National Geospatial-Intelligence Agency.
(5) Any other Defense Agency designated as a combat support agency by the Secretary of Defense.

10 USC 194 - Limitations on personnel

(a) Cap on Headquarters Management Personnel.— 
The total number of members of the armed forces and civilian employees assigned or detailed to permanent duty in the management headquarters activities or management headquarters support activities in the Defense Agencies and Department of Defense Field Activities may not exceed the number that is the number of such members and employees assigned or detailed to such duty on September 30, 1989.
(b) Cap on Other Personnel.— 
The total number of members of the armed forces and civilian employees assigned or detailed to permanent duty in the Defense Agencies and Department of Defense Field Activities, other than members and employees assigned to management headquarters activities or management headquarters support activities, may not exceed the number that is the number of such members and employees assigned or detailed to such duty on September 30, 1989.
(c) Prohibition Against Certain Actions to Exceed Limitations.— 
The limitations in subsections (a) and (b) may not be exceeded by recategorizing or redefining duties, functions, offices, or organizations.
(d) Exclusion of NSA.— 
The National Security Agency shall be excluded in computing and maintaining the limitations required by this section.
(e) Waiver.— 
The limitations in this section do not apply
(1) in time of war; or
(2) during a national emergency declared by the President or Congress.
(f) Definitions.— 
In this section, the terms management headquarters activities and management headquarters support activities have the meanings given those terms in Department of Defense Directive 5100.73, entitled Department of Defense Management Headquarters and Headquarters Support Activities and dated January 7, 1985.

10 USC 195 - Defense Automated Printing Service: applicability of Federal printing requirements

The Defense Automated Printing Service shall comply fully with the requirements of section 501 of title 44 relating to the production and procurement of printing, binding, and blank-book work.

10 USC 196 - Department of Defense Test Resource Management Center

(a) Establishment as Department of Defense Field Activity.— 
The Secretary of Defense shall establish within the Department of Defense under section 191 of this title a Department of Defense Test Resource Management Center (hereinafter in this section referred to as the Center). The Secretary shall designate the Center as a Department of Defense Field Activity.
(b) Director and Deputy Director.— 

(1) At the head of the Center shall be a Director, selected by the Secretary from among individuals who have substantial experience in the field of test and evaluation. A commissioned officer serving as the Director, while so serving, holds the grade of lieutenant general or, in the case of an officer of the Navy, vice admiral. A civilian officer or employee serving as the Director, while so serving, has a pay level equivalent in grade to lieutenant general.
(2) There shall be a Deputy Director of the Center, selected by the Secretary from among individuals who have substantial experience in the field of test and evaluation. The Deputy Director shall act for, and exercise the powers of, the Director when the Director is disabled or the position of Director is vacant.
(c) Duties of Director.— 
The Director shall have the following duties:
(1) To review and provide oversight of proposed Department of Defense budgets and expenditures for
(A) the test and evaluation facilities and resources of the Major Range and Test Facility Base of the Department of Defense; and
(B) all other test and evaluation facilities and resources within and outside of the Department of Defense, other than budgets and expenditures for activities described in section 139 (i)1 of this title.
(2) To complete and maintain the strategic plan required by subsection (d).
(3) To review proposed budgets under subsection (e) and submit reports and certifications required by such subsection.
(4) To administer the Central Test and Evaluation Investment Program and the program of the Department of Defense for test and evaluation science and technology.
(d) Strategic Plan for Department of Defense Test and Evaluation Resources.— 

(1) Not less often than once every two fiscal years, the Director, in coordination with the Director of Operational Test and Evaluation, the Secretaries of the military departments, and the heads of Defense Agencies with test and evaluation responsibilities, shall complete a strategic plan reflecting the needs of the Department of Defense with respect to test and evaluation facilities and resources. Each such strategic plan shall cover the period of ten fiscal years beginning with the fiscal year in which the plan is submitted under paragraph (3). The strategic plan shall be based on a comprehensive review of the test and evaluation requirements of the Department and the adequacy of the test and evaluation facilities and resources of the Department to meet those requirements.
(2) The strategic plan shall include the following:
(A) An assessment of the test and evaluation requirements of the Department for the period covered by the plan.
(B) An identification of performance measures associated with the successful achievement of test and evaluation objectives for the period covered by the plan.
(C) An assessment of the test and evaluation facilities and resources that will be needed to meet such requirements and satisfy such performance measures.
(D) An assessment of the current state of the test and evaluation facilities and resources of the Department.
(E) An itemization of acquisitions, upgrades, and improvements necessary to ensure that the test and evaluation facilities and resources of the Department are adequate to meet such requirements and satisfy such performance measures.
(F) An assessment of the budgetary resources necessary to implement such acquisitions, upgrades, and improvements.
(3) Upon completing a strategic plan under paragraph (1), the Director shall submit to the Secretary of Defense a report on that plan. The report shall include the plan and a description of the review on which the plan is based.
(4) Not later than 60 days after the date on which the report is submitted under paragraph (3), the Secretary of Defense shall transmit to the Committee on Armed Services and Committee on Appropriations of the Senate and the Committee on Armed Services and Committee on Appropriations of the House of Representatives the report, together with any comments with respect to the report that the Secretary considers appropriate.
(e) Certification of Budgets.— 

(1) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require that the Secretary of each military department and the head of each Defense Agency with test and evaluation responsibilities transmit such Secretarys or Defense Agency heads proposed budget for test and evaluation activities for a fiscal year to the Director of the Center for review under paragraph (2) before submitting such proposed budget to the Under Secretary of Defense (Comptroller).
(2) 
(A) The Director of the Center shall review each proposed budget transmitted under paragraph (1) and shall, not later than January 31 of the year preceding the fiscal year for which such budgets are proposed, submit to the Secretary of Defense a report containing the comments of the Director with respect to all such proposed budgets, together with the certification of the Director as to whether such proposed budgets are adequate.
(B) The Director shall also submit, together with such report and such certification, an additional certification as to whether such proposed budgets provide balanced support for such strategic plan.
(3) The Secretary of Defense shall, not later than March 31 of the year preceding the fiscal year for which such budgets are proposed, submit to Congress a report on those proposed budgets which the Director has not certified under paragraph (2)(A) to be adequate. The report shall include the following matters:
(A) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budgets.
(B) Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets.
(f) Supervision of Director by Under Secretary.— 
The Director of the Center shall be subject to the supervision of the Under Secretary of Defense for Acquisition, Technology, and Logistics. The Director shall report directly to the Under Secretary, without the interposition of any other supervising official.
(g) Administrative Support of Center.— 
The Secretary of Defense shall provide the Director with administrative support adequate for carrying out the Directors responsibilities under this section. The Secretary shall provide the support out of the headquarters activities of the Department or any other activities that the Secretary considers appropriate.
(h) Definition.— 
In this section, the term Major Range and Test Facility Base means the test and evaluation facilities and resources that are designated by the Secretary of Defense as facilities and resources comprising the Major Range and Test Facility Base.
[1] See References in Text note below.

10 USC 197 - Defense Logistics Agency: fees charged for logistics information

(a) Authority.— 
The Secretary of Defense may charge fees for providing information in the Federal Logistics Information System through Defense Logistics Information Services to a department or agency of the executive branch outside the Department of Defense, or to a State, a political subdivision of a State, or any person.
(b) Amount.— 
The fee or fees prescribed under subsection (a) shall be such amount or amounts as the Secretary of Defense determines appropriate for recovering the costs of providing information as described in such subsection.
(c) Retention of Fees.— 
Fees collected under this section shall be credited to the appropriation available for Defense Logistics Information Services for the fiscal year in which collected, shall be merged with other sums in such appropriation, and shall be available for the same purposes and period as the appropriation with which merged.
(d) Defense Logistics Information Services Defined.— 
In this section, the term Defense Logistics Information Services means the organization within the Defense Logistics Agency that is known as Defense Logistics Information Services.

TITLE 10 - US CODE - SUBCHAPTER II - MISCELLANEOUS DEFENSE AGENCY MATTERS

10 USC 201 - Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance

(a) Consultation Regarding Appointment.— 
Before submitting a recommendation to the President regarding the appointment of an individual to the position of Director of the Defense Intelligence Agency, the Secretary of Defense shall consult with the Director of National Intelligence regarding the recommendation.
(b) Concurrence in Appointment.— 

(1) In the event of a vacancy in a position referred to in paragraph (2), before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy, the Secretary of Defense shall obtain the concurrence of the Director of National Intelligence as provided in section 106(b) of the National Security Act of 1947 (50 U.S.C. 403–6 (b)).
(2) Paragraph (1) applies to the following positions:
(A) The Director of the National Security Agency.
(B) The Director of the National Reconnaissance Office.
(C) The Director of the National Geospatial-Intelligence Agency.
(c) Performance Evaluations.— 

(1) The Director of National Intelligence shall provide annually to the Secretary of Defense, for the Secretarys consideration, an evaluation of the performance of the individuals holding the positions referred to in paragraph (2) in fulfilling their respective responsibilities with regard to the National Intelligence Program.
(2) The positions referred to in paragraph (1) are the following:
(A) The Director of the National Security Agency.
(B) The Director of the National Reconnaissance Office.
(C) The Director of the National Geospatial-Intelligence Agency.

10 USC 202 - Repealed. Pub. L. 105107, title V, 503(c), Nov. 20, 1997, 111 Stat. 2262]

Section, added Pub. L. 97–269, title V, § 501(a), Sept. 27, 1982, 96 Stat. 1145, 191; amended Pub. L. 98–525, title XIV, § 1405(6), Oct. 19, 1984, 98 Stat. 2622; renumbered 201, Pub. L. 99–433, title III, § 301(a)(1), Oct. 1, 1986, 100 Stat. 1019; renumbered 202, Pub. L. 102–190, div. A, title IX, 922(a)(1), Dec. 5, 1991, 105 Stat. 1453; Pub. L. 105–107, title V, § 503(b), Nov. 20, 1997, 111 Stat. 2262, related to unauthorized use of Defense Intelligence Agency name, initials, or seal, after amendment by Pub. L. 105–107, which transferred subsec. (b) to end of section 425.

10 USC 203 - Director of Missile Defense Agency

If an officer of the armed forces on active duty is appointed to the position of Director of the Missile Defense Agency, the position shall be treated as having been designated by the President as a position of importance and responsibility for purposes of section 601 of this title and shall carry the grade of lieutenant general or general or, in the case of an officer of the Navy, vice admiral or admiral.

TITLE 10 - US CODE - CHAPTER 9 - DEFENSE BUDGET MATTERS

10 USC 221 - Future-years defense program: submission to Congress; consistency in budgeting

(a) The Secretary of Defense shall submit to Congress each year, at or about the time that the Presidents budget is submitted to Congress that year under section 1105 (a) of title 31, a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.
(b) 
(1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105 (a) of title 31 for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a).
(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of section 1105 (a) of title 31 in the budget submitted to Congress under that section for any fiscal year.
(c) Nothing in this section shall be construed to prohibit the inclusion in the future-years defense program of amounts for management contingencies, subject to the requirements of subsection (b).

10 USC 222 - Future-years mission budget

(a) Future-Years Mission Budget.— 
The Secretary of Defense shall submit to Congress for each fiscal year a future-years mission budget for the military programs of the Department of Defense. That budget shall be submitted for any fiscal year with the future-years defense program submitted under section 221 of this title.
(b) Consistency With Future-Years Defense Program.— 
The future-years mission budget shall be consistent with the future-years defense program required under section 221 of this title. In the future-years mission budget, the military programs of the Department of Defense shall be organized on the basis of both major force programs and the core mission areas identified under the most recent quadrennial roles and missions review pursuant to section 118b of this title.
(c) Relationship to Other Defense Budget Formats.— 
The requirement in subsection (a) is in addition to the requirements in any other provision of law regarding the format for the presentation regarding military programs of the Department of Defense in the budget submitted pursuant to section 1105 of title 31 for any fiscal year.

10 USC 223 - Ballistic missile defense programs: program elements

(a) Program Elements Specified by President.— 
In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105 (a) of title 31), the amount requested for activities of the Missile Defense Agency shall be set forth in accordance with such program elements as the President may specify.
(b) Separate Program Elements for Programs Entering Engineering and Manufacturing Development.— 

(1) The Secretary of Defense shall ensure that each ballistic missile defense program that enters engineering and manufacturing development is assigned a separate, dedicated program element.
(2) In this subsection, the term engineering and manufacturing development means the period in the course of an acquisition program during which the primary objectives are to
(A) translate the most promising design approach into a stable, interoperable, producible, supportable, and cost-effective design;
(B) validate the manufacturing or production process; and
(C) demonstrate system capabilities through testing.
(c) Management and Support.— 
The amount requested for a fiscal year for any program element specified for that fiscal year pursuant to subsection (a) shall include requests for the amounts necessary for the management and support of the programs, projects, and activities contained in that program element.

10 USC 223a - Ballistic missile defense programs: procurement

(a) Budget Justification Materials.— 
In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105 (a) of title 31), the Secretary of Defense shall specify, for each ballistic missile defense system element for which the Missile Defense Agency is engaged in planning for production and initial fielding, the following information:
(1) The production rate capabilities of the production facilities planned to be used for production of that element.
(2) The potential date of availability of that element for initial fielding.
(3) The estimated date on which the administration of the acquisition of that element is to be transferred from the Director of the Missile Defense Agency to the Secretary of a military department.
(b) Future-Years Defense Program.— 
The Secretary of Defense shall include in the future-years defense program submitted to Congress each year under section 221 of this title an estimate of the amount necessary for procurement for each ballistic missile defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate.
(c) Performance Criteria.— 
The Director of the Missile Defense Agency shall include in the performance criteria prescribed for planned development phases of the ballistic missile defense system and its elements a description of the intended effectiveness of each such phase against foreign adversary capabilities.
(d) Testing Progress.— 
The Director of Operational Test and Evaluation shall make available for review by the congressional defense committees the developmental and operational test plans established to assess the effectiveness of the ballistic missile defense system and its elements with respect to the performance criteria described in subsection (c).

10 USC 224 - Ballistic missile defense programs: display of amounts for research, development, test, and evaluation

(a) Requirement.— 
Any amount in the budget submitted to Congress under section 1105 of title 31 for any fiscal year for research, development, test, and evaluation for the integration of a ballistic missile defense element into the overall ballistic missile defense architecture shall be set forth under the account of the Department of Defense for Defense-wide research, development, test, and evaluation and, within that account, under the subaccount (or other budget activity level) for the Missile Defense Agency.
(b) Transfer Criteria.— 

(1) The Secretary of Defense shall establish criteria for the transfer of responsibility for a ballistic missile defense program from the Director of the Missile Defense Agency to the Secretary of a military department. The criteria established for such a transfer shall, at a minimum, address the following:
(A) The technical maturity of the program.
(B) The availability of facilities for production.
(C) The commitment of the Secretary of the military department concerned to procurement funding for that program, as shown by funding through the future-years defense program and other defense planning documents.
(2) The Secretary shall submit the criteria established, and any modifications to those criteria, to the congressional defense committees.
(c) Notification of Transfer.— 
Before responsibility for a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, the Secretary of Defense shall submit to the congressional defense committees notice in writing of the Secretarys intent to make that transfer. The Secretary shall include with such notice a certification that the program has met the criteria established under subsection (b) for such a transfer. The transfer may then be carried out after the end of the 60-day period beginning on the date of such notice.
(d) Conforming Budget and Planning Transfers.— 
When a ballistic missile defense program is transferred from the Missile Defense Agency to the Secretary of a military department in accordance with this section, the Secretary of Defense shall ensure that all appropriate conforming changes are made to proposed or projected funding allocations in the future-years defense program under section 221 of this title and other Department of Defense program, budget, and planning documents.
(e) Follow-on Research, Development, Test, and Evaluation.— 
The Secretary of Defense shall ensure that, before a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, roles and responsibilities for research, development, test, and evaluation related to system improvements for that program are clearly delineated.

10 USC 226 - Scoring of outlays

(a) Annual OMB/CBO Report.— 
Not later than April 1 of each year, the Director of the Office of Management and Budget and the Director of the Congressional Budget Office shall submit to the Speaker of the House of Representatives and the Committees on Armed Services, Appropriations, and the Budget of the Senate a joint report containing an agreed resolution of all differences between
(1) the technical assumptions to be used by the Office of Management and Budget in preparing estimates with respect to all accounts in major functional category 050 (National Defense) for the budget to be submitted to Congress in that year pursuant to section 1105 of title 31; and
(2) the technical assumptions to be used by the Congressional Budget Office in preparing estimates with respect to those accounts for that budget.
(b) Use of Averages.— 
If the two Directors are unable to agree upon any technical assumption, the report shall reflect the average of the relevant outlay rates or assumptions used by the two offices.
(c) Matters To Be Included.— 
The report with respect to a budget shall identify the following:
(1) The agreed first-year and outyear outlay rates for each account in budget function 050 (National Defense) for each fiscal year covered by the budget.
(2) The agreed amount of outlays estimated to occur from unexpended appropriations made for fiscal years before the fiscal year that begins after submission of the report.

10 USC 227 - Repealed. Pub. L. 104106, div. A, title X, 1061(f)(1), Feb. 10, 1996, 110 Stat. 443]

Section, added Pub. L. 103–160, div. A, title III, 374(a), Nov. 30, 1993, 107 Stat. 1636, directed Secretary of Defense to include recruiting costs in budget justification documents submitted to Congress each year in connection with submission of budget.

10 USC 228 - Quarterly reports on allocation of funds within operation and maintenance budget subactivities

(a) Quarterly Report.— 
The Secretary of Defense shall submit to the congressional defense committees a quarterly report on the allocation of appropriations to O&M budget activities and to the subactivities of those budget activities. Each such report shall be submitted not later than 60 days after the end of the fiscal-year quarter to which the report pertains.
(b) Matters To Be Included.— 
Each such report shall set forth the following for each subactivity of the O&M budget activities:
(1) The amount of budget authority appropriated for that subactivity in the most recent regular Department of Defense Appropriations Act.
(2) The amount of budget authority actually made available for that subactivity, taking into consideration supplemental appropriations, rescissions, and other adjustments required by law or made pursuant to law.
(3) The amount programmed to be expended from such subactivity.
(c) Identification of Certain Fluctuations.— 

(1) If, in the report under this section for a quarter of a fiscal year after the first quarter of that fiscal year, an amount shown under subsection (b) for a subactivity is different by more than $15,000,000 from the corresponding amount for that subactivity in the report for the first quarter of that fiscal year, the Secretary shall include in the report notice of that difference.
(2) If, in the report under this section for a quarter of a fiscal year after a quarter for which the report under this section includes a notice under paragraph (1), an amount shown under subsection (b) for a subactivity is different by more than $15,000,000 from the corresponding amount for that subactivity in the most recent report that includes a notice under paragraph (1) or this paragraph, the Secretary shall include in the report notice of that difference.
(d) Report on Fluctuations.— 
If a report under this section includes a notice under subsection (c), the Secretary shall include in the report with each such notice the following:
(1) The reasons for the reallocations of funds resulting in the inclusion of that notice in the report.
(2) Each budget subactivity involved in those reallocations.
(3) The effect of those reallocations on the operation and maintenance activities funded through the subactivity with respect to which the notice is included in the report.
(e) O&M Budget Activity Defined.In this section, the term O&M budget activity means a budget activity within an operation and maintenance appropriation of the Department of Defense for a fiscal year.

10 USC 229 - Programs for combating terrorism: display of budget information

(a) Submission With Annual Budget Justification Documents.— 
The Secretary of Defense shall submit to Congress, as a part of the documentation that supports the Presidents annual budget for the Department of Defense, a consolidated budget justification display, in classified and unclassified form, that includes all programs and activities of the Department of Defense combating terrorism program.
(b) Requirements for Budget Display.— 
The budget display under subsection (a) shall include
(1) the amount requested, by appropriation and functional area, for each of the program elements, projects, and initiatives that support the Department of Defense combating terrorism program, with supporting narrative descriptions and rationale for the funding levels requested; and
(2) a summary, to the program element and project level of detail, of estimated expenditures for the current year, funds requested for the budget year, and budget estimates through the completion of the current future-years defense plan for the Department of Defense combating terrorism program.
(c) Explanation of Inconsistencies.— 
As part of the budget display under subsection (a) for any fiscal year, the Secretary shall identify and explain
(1) any inconsistencies between
(A)  the information submitted under subsection (b) for that fiscal year, and
(B)  the information provided to the Director of the Office of Management and Budget in support of the annual report of the President to Congress on funding for executive branch counterterrorism and antiterrorism programs and activities for that fiscal year in accordance with section 1051(b) of the National Defense Authorization Act for Fiscal Year 1998 (31 U.S.C. 1113 note ); and
(2) any inconsistencies between
(A)  the execution, during the previous fiscal year and the current fiscal year, of programs and activities of the Department of Defense combating terrorism program, and
(B)  the funding and specification for such programs and activities for those fiscal years in the manner provided by Congress (both in statutes and in relevant legislative history).
(d) Semiannual Reports on Obligations and Expenditures.— 
The Secretary shall submit to the congressional defense committees a semiannual report on the obligation and expenditure of funds for the Department of Defense combating terrorism program. Such reports shall be submitted not later than April 15 each year, with respect to the first half of a fiscal year, and not later than November 15 each year, with respect to the second half of a fiscal year. Each such report shall compare the amounts of those obligations and expenditures to the amounts authorized and appropriated for the Department of Defense combating terrorism program for that fiscal year, by budget activity, sub-budget activity, and program element or line item. The second report for a fiscal year shall show such information for the second half of the fiscal year and cumulatively for the whole fiscal year. The report shall be submitted in unclassified form, but may have a classified annex.
(e) Department of Defense Combating Terrorism Program.— 
In this section, the term Department of Defense combating terrorism program means the programs, projects, and activities of the Department of Defense related to combating terrorism inside and outside the United States.

10 USC 230 - Repealed. Pub. L. 107314, div. A, title X, 1041(a)(2)(A), Dec. 2, 2002, 116 Stat. 2645]

Section, added Pub. L. 106–65, div. A, title X, 1041(a)(1), Oct. 5, 1999, 113 Stat. 758; amended Pub. L. 106–398, § 1 [[div. A], title X, 1075(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A280, related to inclusion in the budget justification materials submitted to Congress of specific identification of amounts required for declassification of records.

10 USC 231 - Budgeting for construction of naval vessels: annual plan and certification

(a) Annual Naval Vessel Construction Plan and Certification.— 
The Secretary of Defense shall include with the defense budget materials for a fiscal year
(1) a plan for the construction of combatant and support vessels for the Navy developed in accordance with this section; and
(2) a certification by the Secretary that both the budget for that fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of the construction of naval vessels at a level that is sufficient for the procurement of the vessels provided for in the plan under paragraph (1) on the schedule provided in that plan.
(b) Annual Naval Vessel Construction Plan.— 

(1) The annual naval vessel construction plan developed for a fiscal year for purposes of subsection (a)(1) should be designed so that the naval vessel force provided for under that plan is capable of supporting the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a), except that, if at the time such plan is submitted with the defense budget materials for that fiscal year, a national security strategy report required under such section 108 has not been submitted to Congress as required by paragraph (2) or paragraph (3), if applicable, of subsection (a) of such section, then such annual plan should be designed so that the naval vessel force provided for under that plan is capable of supporting the ship force structure recommended in the report of the most recent Quadrennial Defense Review.
(2) Each such naval vessel construction plan shall include the following:
(A) A detailed program for the construction of combatant and support vessels for the Navy over the next 30 fiscal years.
(B) A description of the necessary naval vessel force structure to meet the requirements of the national security strategy of the United States or the most recent Quadrennial Defense Review, whichever is applicable under paragraph (1).
(C) The estimated levels of annual funding necessary to carry out the program, together with a discussion of the procurement strategies on which such estimated levels of annual funding are based.
(c) Assessment When Vessel Construction Budget is Insufficient To Meet Applicable Requirements.— 
If the budget for a fiscal year provides for funding of the construction of naval vessels at a level that is not sufficient to sustain the naval vessel force structure specified in the naval vessel construction plan for that fiscal year under subsection (a), the Secretary shall include with the defense budget materials for that fiscal year an assessment that describes and discusses the risks associated with the reduced force structure of naval vessels that will result from funding naval vessel construction at such level. Such assessment shall be coordinated in advance with the commanders of the combatant commands.
(d) Definitions.— 
In this section:
(1) The term budget, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105 (a) of title 31.
(2) The term defense budget materials, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(3) The term Quadrennial Defense Review means the review of the defense programs and policies of the United States that is carried out every four years under section 118 of this title.

10 USC 231a - Budgeting for procurement of aircraft for the Navy and Air Force: annual plan and certification

(a) Annual Aircraft Procurement Plan and Certification.— 
The Secretary of Defense shall include with the defense budget materials for each fiscal year
(1) a plan for the procurement of the aircraft specified in subsection (b) for the Department of the Navy and the Department of the Air Force developed in accordance with this section; and
(2) a certification by the Secretary that both the budget for such fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of the procurement of aircraft at a level that is sufficient for the procurement of the aircraft provided for in the plan under paragraph (1) on the schedule provided in the plan.
(b) Covered Aircraft.— 
The aircraft specified in this subsection are the aircraft as follows:
(1) Fighter aircraft.
(2) Attack aircraft.
(3) Bomber aircraft.
(4) Strategic lift aircraft.
(5) Intratheater lift aircraft.
(6) Intelligence, surveillance, and reconnaissance aircraft.
(7) Tanker aircraft.
(8) Any other major support aircraft designated by the Secretary of Defense for purposes of this section.
(c) Annual Aircraft Procurement Plan.— 

(1) The annual aircraft procurement plan developed for a fiscal year for purposes of subsection (a)(1) should be designed so that the aviation force provided for under the plan is capable of supporting the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a), except that, if at the time the plan is submitted with the defense budget materials for that fiscal year, a national security strategy report required under such section 108 has not been submitted to Congress as required by paragraph (2) or paragraph (3), if applicable, of subsection (a) of such section, then the plan should be designed so that the aviation force provided for under the plan is capable of supporting the aviation force structure recommended in the report of the most recent Quadrennial Defense Review.
(2) Each annual aircraft procurement plan shall include the following:
(A) A detailed program for the procurement of the aircraft specified in subsection (b) for each of the Department of the Navy and the Department of the Air Force over the next 30 fiscal years.
(B) A description of the necessary aviation force structure to meet the requirements of the national security strategy of the United States or the most recent Quadrennial Defense Review, whichever is applicable under paragraph (1).
(C) The estimated levels of annual funding necessary to carry out the program, together with a discussion of the procurement strategies on which such estimated levels of annual funding are based.
(D) An assessment by the Secretary of Defense of the extent to which the combined aircraft forces of the Department of the Navy and the Department of the Air Force meet the national security requirements of the United States.
(d) Assessment When Aircraft Procurement Budget Is Insufficient To Meet Applicable Requirements.— 
If the budget for a fiscal year provides for funding of the procurement of aircraft for either the Department of the Navy or the Department of the Air Force at a level that is not sufficient to sustain the aviation force structure specified in the aircraft procurement plan for such Department for that fiscal year under subsection (a), the Secretary shall include with the defense budget materials for that fiscal year an assessment that describes and discusses the risks associated with the reduced force structure of aircraft that will result from funding aircraft procurement at such level. Such assessment shall be coordinated in advance with the commanders of the combatant commands.
(e) Definitions.— 
In this section:
(1) The term budget, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105 (a) of title 31.
(2) The term defense budget materials, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(3) The term Quadrennial Defense Review means the review of the defense programs and policies of the United States that is carried out every 4 years under section 118 of this title.

10 USC 232 - United States Joint Forces Command: amounts for research, development, test, and evaluation to be derived only from Defense-wide amounts

(a) Requirement.— 
Amounts for research, development, test, and evaluation for the United States Joint Forces Command shall be derived only from amounts made available to the Department of Defense for Defense-wide research, development, test, and evaluation.
(b) Separate Display in Budget.— 
Any amount in the budget submitted to Congress under section 1105 of title 31 for any fiscal year for research, development, test, and evaluation for the United States Joint Forces Command shall be set forth under the account of the Department of Defense for Defense-wide research, development, test, and evaluation.

10 USC 233 - Operation and maintenance budget presentation

(a) Identification of Baseline Amounts in O&M Justification Documents.In any case in which the amount requested in the Presidents budget for a fiscal year for a Department of Defense operation and maintenance program, project, or activity is different from the amount appropriated for that program, project, or activity for the current year, the O&M justification documents supporting that budget shall identify that appropriated amount and the difference between that amount and the amount requested in the budget, stated as an amount and as a percentage.
(b) Navy for Ship Depot Maintenance and for Intermediate Ship Maintenance.— 
In the O&M justification documents for the Navy for any fiscal year, amounts requested for ship depot maintenance and amounts requested for intermediate ship maintenance shall be identified and distinguished.
(c) Definitions.— 
In this section:
(1) The term O&M justification documents means Department of Defense budget justification documents with respect to accounts for operation and maintenance submitted to the congressional defense committees in support of the Department of Defense component of the Presidents budget for any fiscal year.
(2) The term Presidents budget means the budget of the President submitted to Congress under section 1105 of title 31 for any fiscal year.
(3) The term current year means the fiscal year during which the Presidents budget is submitted in any year.

10 USC 234 - POW/MIA activities: display of budget information

(a) Submission With Annual Budget Justification Documents.— 
The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for a fiscal year, a consolidated budget justification display, in classified and unclassified form, that covers all programs and activities of Department of Defense POW/MIA accounting and recovery organizations.
(b) Requirements for Budget Display.— 
The budget display under subsection (a) for a fiscal year shall include for each such organization the following:
(1) A statement of what percentage of the requirements originally requested by the organization in the budget review process that the budget requests funds for.
(2) A summary of actual or estimated expenditures by that organization for the fiscal year during which the budget is submitted and for the fiscal year preceding that year.
(3) The amount in the budget for that organization.
(4) A detailed explanation of the shortfalls, if any, in the funding of any requirement shown pursuant to paragraph (1), when compared to the amount shown pursuant to paragraph (3).
(5) The budget estimate for that organization for the five fiscal years after the fiscal year for which the budget is submitted.
(c) Department of Defense POW/MIA Accounting and Recovery Organizations.— 
In this section, the term Department of Defense POW/MIA accounting and recovery organization means any of the following (and any successor organization):
(1) The Defense Prisoner of War/Missing Personnel Office (DPMO).
(2) The Joint POW/MIA Accounting Command (JPAC).
(3) The Armed Forces DNA Identification Laboratory (AFDIL).
(4) The Life Sciences Equipment Laboratory (LSEL) of the Air Force.
(5) Any other element of the Department of Defense the mission of which (as designated by the Secretary of Defense) involves the accounting for and recovery of members of the armed forces who are missing in action or prisoners of war or who are unaccounted for.
(d) Other Definitions.— 
In this section:
(1) The term defense budget materials, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(2) The term budget, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105 (a) of title 31.

TITLE 10 - US CODE - CHAPTER 11 - RESERVE COMPONENTS

10 USC 261 - Reference to chapters 1003, 1005, and 1007

Provisions of law relating to the reserve components generally, including provisions relating to the organization and administration of the reserve components, are set forth in chapter 1003 (beginning with section 10101), chapter 1005 (beginning with section 10141), and chapter 1007 (beginning with section 10201) of this title.

TITLE 10 - US CODE - CHAPTER 13 - THE MILITIA

10 USC 311 - Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

10 USC 312 - Militia duty: exemptions

(a) The following persons are exempt from militia duty:
(1) The Vice President.
(2) The judicial and executive officers of the United States, the several States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(3) Members of the armed forces, except members who are not on active duty.
(4) Customhouse clerks.
(5) Persons employed by the United States in the transmission of mail.
(6) Workmen employed in armories, arsenals, and naval shipyards of the United States.
(7) Pilots on navigable waters.
(8) Mariners in the sea service of a citizen of, or a merchant in, the United States.
(b) A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is not exempt from militia duty that the President determines to be noncombatant.

TITLE 10 - US CODE - CHAPTER 15 - INSURRECTION

10 USC 331 - Federal aid for State governments

Whenever there is an insurrections in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.

10 USC 332 - Use of militia and armed forces to enforce Federal authority

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

10 USC 333 - Interference with State and Federal law

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.

10 USC 334 - Proclamation to disperse

Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time.

10 USC 335 - Guam and Virgin Islands included as State

For purposes of this chapter, the term State includes Guam and the Virgin Islands.

10 USC 336 - Repealed. Pub. L. 96513, title V, 511(11)(B), Dec. 12, 1980, 94 Stat. 2921]

Section, added Pub. L. 90–496, § 12, Aug. 23, 1968, 82 Stat. 841, included Virgin Islands within State. See section 335 of this title.

TITLE 10 - US CODE - CHAPTER 17 - ARMING OF AMERICAN VESSELS

10 USC 351 - During war or threat to national security

(a) The President, through any agency of the Department of Defense designated by him, may arm, have armed, or allow to be armed, any watercraft or aircraft that is capable of being used as a means of transportation on, over, or under water, and is documented, registered, or licensed under the laws of the United States.
(b) This section applies during a war and at any other time when the President determines that the security of the United States is threatened by the application, or the imminent danger of application, of physical force by any foreign government or agency against the United States, its citizens, the property of its citizens, or their commercial interests.
(c) Section 16 of the Act of March 4, 1909 (22 U.S.C. 463) does not apply to vessels armed under this section.

TITLE 10 - US CODE - CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES

10 USC 371 - Use of information collected during military operations

(a) The Secretary of Defense may, in accordance with other applicable law, provide to Federal, State, or local civilian law enforcement officials any information collected during the normal course of military training or operations that may be relevant to a violation of any Federal or State law within the jurisdiction of such officials.
(b) The needs of civilian law enforcement officials for information shall, to the maximum extent practicable, be taken into account in the planning and execution of military training or operations.
(c) The Secretary of Defense shall ensure, to the extent consistent with national security, that intelligence information held by the Department of Defense and relevant to drug interdiction or other civilian law enforcement matters is provided promptly to appropriate civilian law enforcement officials.

10 USC 372 - Use of military equipment and facilities

(a) In General.— 
The Secretary of Defense may, in accordance with other applicable law, make available any equipment (including associated supplies or spare parts), base facility, or research facility of the Department of Defense to any Federal, State, or local civilian law enforcement official for law enforcement purposes.
(b) Emergencies Involving Chemical and Biological Agents.— 

(1) In addition to equipment and facilities described in subsection (a), the Secretary may provide an item referred to in paragraph (2) to a Federal, State, or local law enforcement or emergency response agency to prepare for or respond to an emergency involving chemical or biological agents if the Secretary determines that the item is not reasonably available from another source. The requirement for a determination that an item is not reasonably available from another source does not apply to assistance provided under section 382 of this title pursuant to a request of the Attorney General for the assistance.
(2) An item referred to in paragraph (1) is any material or expertise of the Department of Defense appropriate for use in preparing for or responding to an emergency involving chemical or biological agents, including the following:
(A) Training facilities.
(B) Sensors.
(C) Protective clothing.
(D) Antidotes.

10 USC 373 - Training and advising civilian law enforcement officials

The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available
(1) to train Federal, State, and local civilian law enforcement officials in the operation and maintenance of equipment, including equipment made available under section 372 of this title; and
(2) to provide such law enforcement officials with expert advice relevant to the purposes of this chapter.

10 USC 374 - Maintenance and operation of equipment

(a) The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available for the maintenance of equipment for Federal, State, and local civilian law enforcement officials, including equipment made available under section 372 of this title.
(b) 
(1) Subject to paragraph (2) and in accordance with other applicable law, the Secretary of Defense may, upon request from the head of a Federal law enforcement agency, make Department of Defense personnel available to operate equipment (including equipment made available under section 372 of this title) with respect to
(A) a criminal violation of a provision of law specified in paragraph (4)(A);
(B) assistance that such agency is authorized to furnish to a State, local, or foreign government which is involved in the enforcement of similar laws;
(C) a foreign or domestic counter-terrorism operation; or
(D) a rendition of a suspected terrorist from a foreign country to the United States to stand trial.
(2) Department of Defense personnel made available to a civilian law enforcement agency under this subsection may operate equipment for the following purposes:
(A) Detection, monitoring, and communication of the movement of air and sea traffic.
(B) Detection, monitoring, and communication of the movement of surface traffic outside of the geographic boundary of the United States and within the United States not to exceed 25 miles of the boundary if the initial detection occurred outside of the boundary.
(C) Aerial reconnaissance.
(D) Interception of vessels or aircraft detected outside the land area of the United States for the purposes of communicating with such vessels and aircraft to direct such vessels and aircraft to go to a location designated by appropriate civilian officials.
(E) Operation of equipment to facilitate communications in connection with law enforcement programs specified in paragraph (4)(A).
(F) Subject to joint approval by the Secretary of Defense and the Attorney General (and the Secretary of State in the case of a law enforcement operation outside of the land area of the United States)
(i) the transportation of civilian law enforcement personnel along with any other civilian or military personnel who are supporting, or conducting, a joint operation with civilian law enforcement personnel;
(ii) the operation of a base of operations for civilian law enforcement and supporting personnel; and
(iii) the transportation of suspected terrorists from foreign countries to the United States for trial (so long as the requesting Federal law enforcement agency provides all security for such transportation and maintains custody over the suspect through the duration of the transportation).
(3) Department of Defense personnel made available to operate equipment for the purpose stated in paragraph (2)(D) may continue to operate such equipment into the land area of the United States in cases involving the pursuit of vessels or aircraft where the detection began outside such land area.
(4) In this subsection:
(A) The term Federal law enforcement agency means a Federal agency with jurisdiction to enforce any of the following:
(i) The Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.).
(ii) Any of sections 274 through 278 of the Immigration and Nationality Act (8 U.S.C. 1324–1328).
(iii) A law relating to the arrival or departure of merchandise (as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) into or out of the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States) or any other territory or possession of the United States.
(iv) Chapter 705 of title 46.
(v) Any law, foreign or domestic, prohibiting terrorist activities.
(B) The term land area of the United States includes the land area of any territory, commonwealth, or possession of the United States.
(c) The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available to any Federal, State, or local civilian law enforcement agency to operate equipment for purposes other than described in subsection (b)(2) only to the extent that such support does not involve direct participation by such personnel in a civilian law enforcement operation unless such direct participation is otherwise authorized by law.

10 USC 375 - Restriction on direct participation by military personnel

The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

10 USC 376 - Support not to affect adversely military preparedness

Support (including the provision of any equipment or facility or the assignment or detail of any personnel) may not be provided to any civilian law enforcement official under this chapter if the provision of such support will adversely affect the military preparedness of the United States. The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that the provision of any such support does not adversely affect the military preparedness of the United States.

10 USC 377 - Reimbursement

(a) Subject to subsection (c), to the extent otherwise required by section 1535 of title 31 (popularly known as the Economy Act) or other applicable law, the Secretary of Defense shall require a civilian law enforcement agency to which support is provided under this chapter to reimburse the Department of Defense for that support.
(b) 
(1) Subject to subsection (c), the Secretary of Defense shall require a Federal agency to which law enforcement support or support to a national special security event is provided by National Guard personnel performing duty under section 502 (f) of title 32 to reimburse the Department of Defense for the costs of that support, notwithstanding any other provision of law. No other provision of this chapter shall apply to such support.
(2) Any funds received by the Department of Defense under this subsection as reimbursement for support provided by personnel of the National Guard shall be credited, at the election of the Secretary of Defense, to the following:
(A) The appropriation, fund, or account used to fund the support.
(B) The appropriation, fund, or account currently available for reimbursement purposes.
(c) An agency to which support is provided under this chapter or section 502 (f) of title 32 is not required to reimburse the Department of Defense for such support if the Secretary of Defense waives reimbursement. The Secretary may waive the reimbursement requirement under this subsection if such support
(1) is provided in the normal course of military training or operations; or
(2) results in a benefit to the element of the Department of Defense or personnel of the National Guard providing the support that is substantially equivalent to that which would otherwise be obtained from military operations or training.

10 USC 378 - Nonpreemption of other law

Nothing in this chapter shall be construed to limit the authority of the executive branch in the use of military personnel or equipment for civilian law enforcement purposes beyond that provided by law before December 1, 1981.

10 USC 379 - Assignment of Coast Guard personnel to naval vessels for law enforcement purposes

(a) The Secretary of Defense and the Secretary of Homeland Security shall provide that there be assigned on board every appropriate surface naval vessel at sea in a drug-interdiction area members of the Coast Guard who are trained in law enforcement and have powers of the Coast Guard under title 14, including the power to make arrests and to carry out searches and seizures.
(b) Members of the Coast Guard assigned to duty on board naval vessels under this section shall perform such law enforcement functions (including drug-interdiction functions)
(1) as may be agreed upon by the Secretary of Defense and the Secretary of Homeland Security; and
(2) as are otherwise within the jurisdiction of the Coast Guard.
(c) No fewer than 500 active duty personnel of the Coast Guard shall be assigned each fiscal year to duty under this section. However, if at any time the Secretary of Homeland Security, after consultation with the Secretary of Defense, determines that there are insufficient naval vessels available for purposes of this section, such personnel may be assigned other duty involving enforcement of laws listed in section 374 (b)(4)(A) of this title.
(d) In this section, the term drug-interdiction area means an area outside the land area of the United States (as defined in section 374 (b)(4)(B) of this title) in which the Secretary of Defense (in consultation with the Attorney General) determines that activities involving smuggling of drugs into the United States are ongoing.

10 USC 380 - Enhancement of cooperation with civilian law enforcement officials

(a) The Secretary of Defense, in cooperation with the Attorney General, shall conduct an annual briefing of law enforcement personnel of each State (including law enforcement personnel of the political subdivisions of each State) regarding information, training, technical support, and equipment and facilities available to civilian law enforcement personnel from the Department of Defense.
(b) Each briefing conducted under subsection (a) shall include the following:
(1) An explanation of the procedures for civilian law enforcement officials
(A) to obtain information, equipment, training, expert advice, and other personnel support under this chapter; and
(B) to obtain surplus military equipment.
(2) A description of the types of information, equipment and facilities, and training and advice available to civilian law enforcement officials from the Department of Defense.
(3) A current, comprehensive list of military equipment which is suitable for law enforcement officials from the Department of Defense or available as surplus property from the Administrator of General Services.
(c) The Attorney General and the Administrator of General Services shall
(1) establish or designate an appropriate office or offices to maintain the list described in subsection (b)(3) and to furnish information to civilian law enforcement officials on the availability of surplus military equipment; and
(2) make available to civilian law enforcement personnel nationwide, tollfree telephone communication with such office or offices.

10 USC 381 - Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and emergency response activities

(a) Procedures.— 

(1) The Secretary of Defense shall establish procedures in accordance with this subsection under which States and units of local government may purchase equipment suitable for counter-drug, homeland security, and emergency response activities through the Department of Defense. The procedures shall require the following:
(A) Each State desiring to participate in a procurement of equipment suitable for counter-drug, homeland security, or emergency response activities through the Department of Defense shall submit to the Department, in such form and manner and at such times as the Secretary prescribes, the following:
(i) A request for equipment.
(ii) Advance payment for such equipment, in an amount determined by the Secretary based on estimated or actual costs of the equipment and administrative costs incurred by the Department.
(B) A State may include in a request submitted under subparagraph (A) only the type of equipment listed in the catalog produced under subsection (c).
(C) A request for equipment shall consist of an enumeration of the equipment that is desired by the State and units of local government within the State. The Governor of a State may establish such procedures as the Governor considers appropriate for administering and coordinating requests for equipment from units of local government within the State.
(D) A State requesting equipment shall be responsible for arranging and paying for shipment of the equipment to the State and localities within the State.
(2) In establishing the procedures, the Secretary of Defense shall coordinate with the General Services Administration and other Federal agencies for purposes of avoiding duplication of effort.
(b) Reimbursement of Administrative Costs.— 
In the case of any purchase made by a State or unit of local government under the procedures established under subsection (a), the Secretary of Defense shall require the State or unit of local government to reimburse the Department of Defense for the administrative costs to the Department of such purchase.
(c) GSA Catalog.— 
The Administrator of General Services, in coordination with the Secretary of Defense, shall produce and maintain a catalog of equipment suitable for counter-drug, homeland security, and emergency response activities for purchase by States and units of local government under the procedures established by the Secretary under this section.
(d) Definitions.— 
In this section:
(1) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.
(2) The term unit of local government means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; an Indian tribe which performs law enforcement or emergency response functions as determined by the Secretary of the Interior; or any agency of the District of Columbia government or the United States Government performing law enforcement or emergency response functions in and for the District of Columbia or the Trust Territory of the Pacific Islands.
(3) The term equipment suitable for counter-drug, homeland security, and emergency response activities has the meaning given such term in regulations prescribed by the Secretary of Defense. In prescribing the meaning of the term, the Secretary may not include any equipment that the Department of Defense does not procure for its own purposes and, in the case of equipment for homeland security activities, may not include any equipment that is not found on the Authorized Equipment List published by the Department of Homeland Security.

10 USC 382 - Emergency situations involving chemical or biological weapons of mass destruction

(a) In General.— 
The Secretary of Defense, upon the request of the Attorney General, may provide assistance in support of Department of Justice activities relating to the enforcement of section 175 or 2332c1 of title 18 during an emergency situation involving a biological or chemical weapon of mass destruction. Department of Defense resources, including personnel of the Department of Defense, may be used to provide such assistance if
(1) the Secretary of Defense and the Attorney General jointly determine that an emergency situation exists; and
(2) the Secretary of Defense determines that the provision of such assistance will not adversely affect the military preparedness of the United States.
(b) Emergency Situations Covered.— 
In this section, the term emergency situation involving a biological or chemical weapon of mass destruction means a circumstance involving a biological or chemical weapon of mass destruction
(1) that poses a serious threat to the interests of the United States; and
(2) in which
(A) civilian expertise and capabilities are not readily available to provide the required assistance to counter the threat immediately posed by the weapon involved;
(B) special capabilities and expertise of the Department of Defense are necessary and critical to counter the threat posed by the weapon involved; and
(C) enforcement of section 175 or 2332c1 of title 18 would be seriously impaired if the Department of Defense assistance were not provided.
(c) Forms of Assistance.— 
The assistance referred to in subsection (a) includes the operation of equipment (including equipment made available under section 372 of this title) to monitor, contain, disable, or dispose of the weapon involved or elements of the weapon.
(d) Regulations.— 

(1) The Secretary of Defense and the Attorney General shall jointly prescribe regulations concerning the types of assistance that may be provided under this section. Such regulations shall also describe the actions that Department of Defense personnel may take in circumstances incident to the provision of assistance under this section.
(2) 
(A) Except as provided in subparagraph (B), the regulations may not authorize the following actions:
(i) Arrest.
(ii) Any direct participation in conducting a search for or seizure of evidence related to a violation of section 175 or 2332c1 of title 18.
(iii) Any direct participation in the collection of intelligence for law enforcement purposes.
(B) The regulations may authorize an action described in subparagraph (A) to be taken under the following conditions:
(i) The action is considered necessary for the immediate protection of human life, and civilian law enforcement officials are not capable of taking the action.
(ii) The action is otherwise authorized under subsection (c) or under otherwise applicable law.
(e) Reimbursements.— 
The Secretary of Defense shall require reimbursement as a condition for providing assistance under this section to the extent required under section 377 of this title.
(f) Delegations of Authority.— 

(1) Except to the extent otherwise provided by the Secretary of Defense, the Deputy Secretary of Defense may exercise the authority of the Secretary of Defense under this section. The Secretary of Defense may delegate the Secretarys authority under this section only to an Under Secretary of Defense or an Assistant Secretary of Defense and only if the Under Secretary or Assistant Secretary to whom delegated has been designated by the Secretary to act for, and to exercise the general powers of, the Secretary.
(2) Except to the extent otherwise provided by the Attorney General, the Deputy Attorney General may exercise the authority of the Attorney General under this section. The Attorney General may delegate that authority only to the Associate Attorney General or an Assistant Attorney General and only if the Associate Attorney General or Assistant Attorney General to whom delegated has been designated by the Attorney General to act for, and to exercise the general powers of, the Attorney General.
(g) Relationship to Other Authority.— 
Nothing in this section shall be construed to restrict any executive branch authority regarding use of members of the armed forces or equipment of the Department of Defense that was in effect before September 23, 1996.
[1] See References in Text note below.

TITLE 10 - US CODE - CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE

10 USC 401 - Humanitarian and civic assistance provided in conjunction with military operations

(a) 
(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may carry out humanitarian and civic assistance activities in conjunction with authorized military operations of the armed forces in a country if the Secretary concerned determines that the activities will promote
(A) the security interests of both the United States and the country in which the activities are to be carried out; and
(B) the specific operational readiness skills of the members of the armed forces who participate in the activities.
(2) Humanitarian and civic assistance activities carried out under this section shall complement, and may not duplicate, any other form of social or economic assistance which may be provided to the country concerned by any other department or agency of the United States. Such activities shall serve the basic economic and social needs of the people of the country concerned.
(3) Humanitarian and civic assistance may not be provided under this section (directly or indirectly) to any individual, group, or organization engaged in military or paramilitary activity.
(b) Humanitarian and civic assistance may not be provided under this section to any foreign country unless the Secretary of State specifically approves the provision of such assistance.
(c) 
(1) Expenses incurred as a direct result of providing humanitarian and civic assistance under this section to a foreign country shall be paid for out of funds specifically appropriated for such purpose.
[(2) , (3) Repealed. Pub. L. 109–364, div. A, title XII, 1203(a)(3), Oct. 17, 2006, 120 Stat. 2413.]
(4) Nothing in this section may be interpreted to preclude the incurring of minimal expenditures by the Department of Defense for purposes of humanitarian and civic assistance out of funds other than funds appropriated pursuant to paragraph (1), except that funds appropriated to the Department of Defense for operation and maintenance (other than funds appropriated pursuant to such paragraph) may be obligated for humanitarian and civic assistance under this section only for incidental costs of carrying out such assistance.
(d) 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, not later than March 1 of each year, on activities carried out under this section during the preceding fiscal year. The Secretary shall include in each such report
(1) a list of the countries in which humanitarian and civic assistance activities were carried out during the preceding fiscal year;
(2) the type and description of such activities carried out in each country during the preceding fiscal year; and
(3) the amount expended in carrying out each such activity in each such country during the preceding fiscal year.
(e) In this section, the term humanitarian and civic assistance means any of the following:
(1) Medical, surgical, dental, and veterinary care provided in areas of a country that are rural or are underserved by medical, surgical, dental, and veterinary professionals, respectively, including education, training, and technical assistance related to the care provided.
(2) Construction of rudimentary surface transportation systems.
(3) Well drilling and construction of basic sanitation facilities.
(4) Rudimentary construction and repair of public facilities.

10 USC 402 - Transportation of humanitarian relief supplies to foreign countries

(a) Notwithstanding any other provision of law, and subject to subsection (b), the Secretary of Defense may transport to any country, without charge, supplies which have been furnished by a nongovernmental source and which are intended for humanitarian assistance. Such supplies may be transported only on a space available basis.
(b) 
(1) The Secretary may not transport supplies under subsection (a) unless the Secretary determines that
(A) the transportation of such supplies is consistent with the foreign policy of the United States;
(B) the supplies to be transported are suitable for humanitarian purposes and are in usable condition;
(C) there is a legitimate humanitarian need for such supplies by the people or entity for whom they are intended;
(D) the supplies will in fact be used for humanitarian purposes; and
(E) adequate arrangements have been made for the distribution or use of such supplies in the destination country.
(2) The President shall establish procedures for making the determinations required under paragraph (1). Such procedures shall include inspection of supplies before acceptance for transport.
(3) It shall be the responsibility of the entity requesting the transport of supplies under this section to ensure that the supplies are suitable for transport.
(c) 
(1) Supplies transported under this section may be distributed by an agency of the United States Government, a foreign government, an international organization, or a private nonprofit">nonprofit relief organization.
(2) Supplies transported under this section may not be distributed, directly or indirectly, to any individual, group, or organization engaged in a military or paramilitary activity.
(d) 
(1) The Secretary of Defense may use the authority provided by subsection (a) to transport supplies intended for use to respond to, or mitigate the effects of, an event or condition, such as an oil spill, that threatens serious harm to the environment, but only if other sources to provide such transportation are not readily available.
(2) Notwithstanding subsection (a), the Secretary of Defense may require reimbursement for costs incurred by the Department of Defense to transport supplies under this subsection.
(e) Not later than July 31 each year, the Secretary of State 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 identifying the origin, contents, destination, and disposition of all supplies transported under this section during the 12-month period ending on the preceding June 30.

10 USC 403 - Repealed. Pub. L. 104106, div. A, title X, 1061(g)(1), Feb. 10, 1996, 110 Stat. 443]

Section, added Pub. L. 102–484, div. A, title XIII, 1342(c)(1), Oct. 23, 1992, 106 Stat. 2557; amended Pub. L. 103–160, div. A, title XV, 1501(b), (c), Nov. 30, 1993, 107 Stat. 1836, related to international peacekeeping activities.

10 USC 404 - Foreign disaster assistance

(a) In General.— 
The President may direct the Secretary of Defense to provide disaster assistance outside the United States to respond to manmade or natural disasters when necessary to prevent loss of lives or serious harm to the environment.
(b) Forms of Assistance.— 
Assistance provided under this section may include transportation, supplies, services, and equipment.
(c) Notification Required.— 
Not later than 48 hours after the commencement of disaster assistance activities to provide assistance under this section, the President shall transmit to Congress a report containing notification of the assistance provided, and proposed to be provided, under this section and a description of so much of the following as is then available:
(1) The manmade or natural disaster for which disaster assistance is necessary.
(2) The threat to human lives or the environment presented by the disaster.
(3) The United States military personnel and material resources that are involved or expected to be involved.
(4) The disaster assistance that is being provided or is expected to be provided by other nations or public or private relief organizations.
(5) The anticipated duration of the disaster assistance activities.
(d) Organizing Policies and Programs.— 
Amounts appropriated to the Department of Defense for any fiscal year for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) programs of the Department shall be available for organizing general policies and programs for disaster relief programs for disasters occurring outside the United States.
(e) Limitation on Transportation Assistance.— 
Transportation services authorized under subsection (b) may be provided in response to a manmade or natural disaster to prevent serious harm to the environment, when human lives are not at risk, only if other sources to provide such transportation are not readily available.

10 USC 405 - Use of Department of Defense funds for United States share of costs of United Nations peacekeeping activities: limitation

(a) Prohibition on Use of Funds.— 
Funds available to the Department of Defense may not be used to make a financial contribution (directly or through another department or agency of the United States) to the United Nations
(1) for the costs of a United Nations peacekeeping activity; or
(2) for any United States arrearage to the United Nations.
(b) Application of Prohibition.— 
The prohibition in subsection (a) applies to voluntary contributions, as well as to contributions pursuant to assessment by the United Nations for the United States share of the costs of a peacekeeping activity.

10 USC 406 - Renumbered 401(f)]

10 USC 407 - Humanitarian demining assistance: authority; limitations

(a) Authority.— 

(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may carry out humanitarian demining assistance in a country if the Secretary concerned determines that the assistance will promote either
(A) the security interests of both the United States and the country in which the activities are to be carried out; or
(B) the specific operational readiness skills of the members of the armed forces who participate in the activities.
(2) Humanitarian demining assistance under this section shall complement, and may not duplicate, any other form of social or economic assistance which may be provided to the country concerned by any other department or agency of the United States.
(3) The Secretary of Defense shall ensure that no member of the armed forces, while providing humanitarian demining assistance under this section
(A) engages in the physical detection, lifting, or destroying of landmines or other explosive remnants of war (unless the member does so for the concurrent purpose of supporting a United States military operation); or
(B) provides such assistance as part of a military operation that does not involve the armed forces.
(b) Limitations.— 

(1) Humanitarian demining assistance may not be provided under this section unless the Secretary of State specifically approves the provision of such assistance.
(2) Any authority provided under any other provision of law to provide humanitarian demining assistance to a foreign country shall be carried out in accordance with, and subject to, the limitations prescribed in this section.
(c) Expenses.— 

(1) Expenses incurred as a direct result of providing humanitarian demining assistance under this section to a foreign country shall be paid for out of funds specifically appropriated for the purpose of the provision by the Department of Defense of overseas humanitarian assistance.
(2) Expenses covered by paragraph (1) include the following:
(A) Travel, transportation, and subsistence expenses of Department of Defense personnel providing such assistance.
(B) The cost of any equipment, services, or supplies acquired for the purpose of carrying out or supporting humanitarian demining activities, including any nonlethal, individual, or small-team equipment or supplies for clearing landmines or other explosive remnants of war that are to be transferred or otherwise furnished to a foreign country in furtherance of the provision of assistance under this section.
(3) The cost of equipment, services, and supplies provided in any fiscal year under this section may not exceed $10,000,000.
(d) Annual Report.— 
The Secretary of Defense shall include in the annual report under section 401 of this title a separate discussion of activities carried out under this section during the preceding fiscal year, including
(1) a list of the countries in which humanitarian demining assistance was carried out during the preceding fiscal year;
(2) the type and description of humanitarian demining assistance carried out in each country during the preceding fiscal year, as specified in paragraph (1);
(3) a list of countries in which humanitarian demining assistance could not be carried out during the preceding fiscal year due to insufficient numbers of Department of Defense personnel to carry out such activities; and
(4) the amount expended in carrying out such assistance in each such country during the preceding fiscal year.
(e) Humanitarian Demining Assistance Defined.— 
In this section, the term humanitarian demining assistance, as it relates to training and support, means detection and clearance of landmines and other explosive remnants of war, including activities related to the furnishing of education, training, and technical assistance with respect to the detection and clearance of landmines and other explosive remnants of war.

10 USC 408 - Equipment and training of foreign personnel to assist in Department of Defense accounting for missing United States Government personnel

(a) In General.— 
The Secretary of Defense may provide assistance to any foreign nation to assist the Department of Defense with recovery of and accounting for missing United States Government personnel.
(b) Types of Assistance.— 
The assistance provided under subsection (a) may include the following:
(1) Equipment.
(2) Supplies.
(3) Services.
(4) Training of personnel.
(c) Approval by Secretary of State.— 
Assistance may not be provided under this section to any foreign nation unless the Secretary of State specifically approves the provision of such assistance.
(d) Limitation.— 
The amount of assistance provided under this section in any fiscal year may not exceed $1,000,000.
(e) Construction With Other Assistance.— 
The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations under law.
(f) Annual Reports.— 

(1) Not later than December 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the fiscal year ending in such year.
(2) Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:
(A) A listing of each foreign nation provided assistance under this section.
(B) For each nation so provided assistance, a description of the type and amount of such assistance.

10 USC 409 - Center for Complex Operations

(a) Center Authorized.— 
The Secretary of Defense may establish a center to be known as the Center for Complex Operations (in this section referred to as the Center).
(b) Purposes.— 
The purposes of the Center established under subsection (a) shall be the following:
(1) To provide for effective coordination in the preparation of Department of Defense personnel and other United States Government personnel for complex operations.
(2) To foster unity of effort during complex operations among
(A) the departments and agencies of the United States Government;
(B) foreign governments and militaries;
(C) international organizations and international nongovernmental organizations; and
(D) domestic nongovernmental organizations.
(3) To conduct research; collect, analyze, and distribute lessons learned; and compile best practices in matters relating to complex operations.
(4) To identify gaps in the education and training of Department of Defense personnel, and other relevant United States Government personnel, relating to complex operations, and to facilitate efforts to fill such gaps.
(c) Concurrence of the Secretary of State.— 
The Secretary of Defense shall seek the concurrence of the Secretary of State to the extent the efforts and activities of the Center involve the entities referred to in subparagraphs (B) and (C) of subsection (b)(2).
(d) Support From Other United States Government Departments or Agencies.— 
The head of any non-Department of Defense department or agency of the United States Government may
(1) provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and
(2) transfer funds to the Secretary of Defense to support the operations of the Center.
(e) Acceptance of Gifts and Donations.— 

(1) Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.
(2) The sources specified in this paragraph are the following:
(A) The government of a State or a political subdivision of a State.
(B) The government of a foreign country.
(C) A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.
(D) Any source in the private sector of the United States or a foreign country.
(3) The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise
(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or
(B) the integrity of any program of the Department or of any person involved in such a program.
(4) The Secretary shall provide written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.
(f) Crediting of Funds Transferred or Accepted.— 
Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.
(g) Definitions.— 
In this section:
(1) The term complex operation means an operation as follows:
(A) A stability operation.
(B) A security operation.
(C) A transition and reconstruction operation.
(D) A counterinsurgency operation.
(E) An operation consisting of irregular warfare.
(2) The term gift or donation means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).

10 USC 410 - Repealed. Pub. L. 104106, div. A, title V, 571(a)(1), Feb. 10, 1996, 110 Stat. 353]

Section, added Pub. L. 102–484, div. A, title X, 1081(b)(1), Oct. 23, 1992, 106 Stat. 2515, related to Civil-Military Cooperative Action Program.

TITLE 10 - US CODE - CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

TITLE 10 - US CODE - SUBCHAPTER I - GENERAL MATTERS

10 USC 421 - Funds for foreign cryptologic support

(a) The Secretary of Defense may use appropriated funds available to the Department of Defense for intelligence and communications purposes to pay for the expenses of arrangements with foreign countries for cryptologic support.
(b) The Secretary of Defense may use funds other than appropriated funds to pay for the expenses of arrangements with foreign countries for cryptologic support without regard for the provisions of law relating to the expenditure of United States Government funds, except that
(1) no such funds may be expended, in whole or in part, by or for the benefit of the Department of Defense for a purpose for which Congress had previously denied funds; and
(2) proceeds from the sale of cryptologic items may be used only to purchase replacement items similar to the items that are sold; and
(3) the authority provided by this subsection may not be used to acquire items or services for the principal benefit of the United States.
(c) Any funds expended under the authority of subsection (a) shall be reported to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives pursuant to the provisions of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.). Funds expended under the authority of subsection (b) shall be reported pursuant to procedures jointly agreed upon by such committees and the Secretary of Defense.

10 USC 422 - Use of funds for certain incidental purposes

(a) Counterintelligence Official Reception and Representation Expenses.— 
The Secretary of Defense may use funds available to the Department of Defense for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Department of Defense for consultation on counterintelligence matters.
(b) Promotional Items for Recruitment Purposes.— 
The Secretary of Defense may use funds available for an intelligence element of the Department of Defense to purchase promotional items of nominal value for use in the recruitment of individuals for employment by that element.

10 USC 423 - Authority to use proceeds from counterintelligence operations of the military departments

(a) The Secretary of Defense may authorize, without regard to the provisions of section 3302 of title 31, use of proceeds from counterintelligence operations conducted by components of the military departments to offset necessary and reasonable expenses, not otherwise prohibited by law, incurred in such operations, and to make exceptional performance awards to personnel involved in such operations, if use of appropriated funds to meet such expenses or to make such awards would not be practicable.
(b) As soon as the net proceeds from such counterintelligence operations are no longer necessary for the conduct of those operations, such proceeds shall be deposited into the Treasury as miscellaneous receipts.
(c) The Secretary of Defense shall establish policies and procedures to govern acquisition, use, management, and disposition of proceeds from counterintelligence operations conducted by components of the military departments, including effective internal systems of accounting and administrative controls.

10 USC 424 - Disclosure of organizational and personnel information: exemption for specified intelligence agencies

(a) Exemption From Disclosure.— 
Except as required by the President or as provided in subsection (c), no provision of law shall be construed to require the disclosure of
(1) the organization or any function of an organization of the Department of Defense named in subsection (b); or
(2) the number of persons employed by or assigned or detailed to any such organization or the name, official title, occupational series, grade, or salary of any such person.
(b) Covered Organizations.— 
This section applies to the following organizations of the Department of Defense:
(1) The Defense Intelligence Agency.
(2) The National Reconnaissance Office.
(3) The National Geospatial-Intelligence Agency.
(c) Provision of Information to Congress.— 
Subsection (a) does not apply with respect to the provision of information to Congress.

10 USC 425 - Prohibition of unauthorized use of name, initials, or seal: specified intelligence agencies

(a) Prohibition.— 
Except with the written permission of both the Secretary of Defense and the Director of National Intelligence, no person may knowingly use, in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Secretary and the Director, any of the following (or any colorable imitation thereof):
(1) The words Defense Intelligence Agency, the initials DIA, or the seal of the Defense Intelligence Agency.
(2) The words National Reconnaissance Office, the initials NRO, or the seal of the National Reconnaissance Office.
(3) The words National Imagery and Mapping Agency, the initials NIMA, or the seal of the National Imagery and Mapping Agency.
(4) The words Defense Mapping Agency, the initials DMA, or the seal of the Defense Mapping Agency.
(5) The words National Geospatial-Intelligence Agency, the initials NGA, or the seal of the National Geospatial-Intelligence Agency.
(b) Authority To Enjoin Violations.— 
Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.

10 USC 426 - Integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities

(a) ISR Integration Council.— 

(1) The Under Secretary of Defense for Intelligence shall establish an Intelligence, Surveillance, and Reconnaissance Integration Council
(A) to assist the Under Secretary with respect to matters relating to the integration of intelligence, surveillance, and reconnaissance capabilities, and coordination of related developmental activities, of the military departments, intelligence agencies of the Department of Defense, and relevant combatant commands; and
(B) otherwise to provide a means to facilitate the integration of such capabilities and the coordination of such developmental activities.
(2) The Council shall be composed of
(A) the senior intelligence officers of the armed forces and the United States Special Operations Command;
(B) the Director of Operations of the Joint Staff; and
(C) the directors of the intelligence agencies of the Department of Defense.
(3) The Under Secretary of Defense for Intelligence shall invite the participation of the Director of National Intelligence (or that Directors representative) in the proceedings of the Council.
(b) ISR Integration Roadmap.— 

(1) The Under Secretary of Defense for Intelligence shall develop a comprehensive plan, to be known as the Defense Intelligence, Surveillance, and Reconnaissance Integration Roadmap, to guide the development and integration of the Department of Defense intelligence, surveillance, and reconnaissance capabilities for the 15-year period of fiscal years 2004 through 2018.
(2) The Under Secretary shall develop the Defense Intelligence, Surveillance, and Reconnaissance Integration Roadmap in consultation with the Intelligence, Surveillance, and Reconnaissance Integration Council and the Director of National Intelligence.

10 USC 427 - Intelligence oversight activities of Department of Defense: annual reports

(a) Annual Reports Required.— 

(1) Not later than March 1 of each year, the Secretary of Defense shall submit
(A) to the congressional committees specified in subparagraph (A) of paragraph (2) a report on the intelligence oversight activities of the Department of Defense during the previous calendar year insofar as such oversight activities relate to tactical intelligence and intelligence-related activities of the Department; and
(B) to the congressional committees specified in subparagraph (B) of paragraph (2) a report on the intelligence oversight activities of the Department of Defense during the previous calendar year insofar as such oversight activities relate to intelligence and intelligence-related activities of the Department other than those specified in subparagraph (A).
(2) 
(A) The committees specified in this subparagraph are the following:
(i) The Committee on Armed Services and the Committee on Appropriations of the Senate.
(ii) The Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
(B) The committees specified in this subparagraph are the following:
(i) The Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
(ii) The Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives.
(b) Elements.— 
Each report under subsection (a) shall include, for the calendar year covered by such report and with respect to oversight activities subject to coverage in that report, the following:
(1) A description of any violation of law or of any Executive order or Presidential directive (including Executive Order No. 12333) that comes to the attention of any General Counsel or Inspector General within the Department of Defense, or the Under Secretary of Defense for Intelligence, and a description of the actions taken by such official with respect to such activity.
(2) A description of the results of intelligence oversight inspections undertaken by each of the following:
(A) The Office of the Secretary of Defense.
(B) Each military department.
(C) Each combat support agency.
(D) Each field operating agency.
(3) A description of any changes made in any program for the intelligence oversight activities of the Department of Defense, including any training program.
(4) A description of any changes made in any published directive or policy memoranda on the intelligence or intelligence-related activities of
(A) any military department;
(B) any combat support agency; or
(C) any field operating agency.
(c) Definitions.— 
In this section:
(1) The term intelligence oversight activities of the Department of Defense refers to any activity undertaken by an agency, element, or component of the Department of Defense to ensure compliance with regard to requirements or instructions on the intelligence and intelligence-related activities of the Department under law or any Executive order or Presidential directive (including Executive Order No. 12333).
(2) The term combat support agency has the meaning given that term in section 193 (f) of this title.
(3) The term field operating agency means a specialized subdivision of the Department of Defense that carries out activities under the operational control of the Department.

TITLE 10 - US CODE - SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES

10 USC 431 - Authority to engage in commercial activities as security for intelligence collection activities

(a) Authority.— 
The Secretary of Defense, subject to the provisions of this subchapter, may authorize the conduct of those commercial activities necessary to provide security for authorized intelligence collection activities abroad undertaken by the Department of Defense. No commercial activity may be initiated pursuant to this subchapter after December 31, 2010.
(b) Interagency Coordination and Support.— 
Any such activity shall
(1) be coordinated with, and (where appropriate) be supported by, the Director of the Central Intelligence Agency; and
(2) to the extent the activity takes place within the United States, be coordinated with, and (where appropriate) be supported by, the Director of the Federal Bureau of Investigation.
(c) Definitions.— 
In this subchapter:
(1) The term commercial activities means activities that are conducted in a manner consistent with prevailing commercial practices and includes
(A) the acquisition, use, sale, storage and disposal of goods and services;
(B) entering into employment contracts and leases and other agreements for real and personal property;
(C) depositing funds into and withdrawing funds from domestic and foreign commercial business or financial institutions;
(D) acquiring licenses, registrations, permits, and insurance; and
(E) establishing corporations, partnerships, and other legal entities.
(2) The term intelligence collection activities means the collection of foreign intelligence and counterintelligence information.

10 USC 432 - Use, disposition, and auditing of funds

(a) Use of Funds.— 
Funds generated by a commercial activity authorized pursuant to this subchapter may be used to offset necessary and reasonable expenses arising from that activity. Use of such funds for that purpose shall be kept to the minimum necessary to conduct the activity concerned in a secure manner. Any funds generated by the activity in excess of those required for that purpose shall be deposited, as often as may be practicable, into the Treasury as miscellaneous receipts.
(b) Audits.— 

(1) The Secretary of Defense shall assign an organization within the Department of Defense to have auditing responsibility with respect to activities authorized under this subchapter.
(2) That organization shall audit the use and disposition of funds generated by any commercial activity authorized under this subchapter not less often than annually. The results of all such audits shall be promptly reported to the intelligence committees (as defined in section 437 (d) of this title).

10 USC 433 - Relationship with other Federal laws

(a) In General.— 
Except as provided by subsection (b), a commercial activity conducted pursuant to this subchapter shall be carried out in accordance with applicable Federal law.
(b) Authorization of Waivers When Necessary to Maintain Security.— 

(1) If the Secretary of Defense determines, in connection with a commercial activity authorized pursuant to section 431 of this title, that compliance with certain Federal laws or regulations pertaining to the management and administration of Federal agencies would create an unacceptable risk of compromise of an authorized intelligence activity, the Secretary may, to the extent necessary to prevent such compromise, waive compliance with such laws or regulations.
(2) Any determination and waiver by the Secretary under paragraph (1) shall be made in writing and shall include a specification of the laws and regulations for which compliance by the commercial activity concerned is not required consistent with this section.
(3) The authority of the Secretary under paragraph (1) may be delegated only to the Deputy Secretary of Defense, an Under Secretary of Defense, an Assistant Secretary of Defense, or a Secretary of a military department.
(c) Federal Laws and Regulations.— 
For purposes of this section, Federal laws and regulations pertaining to the management and administration of Federal agencies are only those Federal laws and regulations pertaining to the following:
(1) The receipt and use of appropriated and nonappropriated funds.
(2) The acquisition or management of property or services.
(3) Information disclosure, retention, and management.
(4) The employment of personnel.
(5) Payments for travel and housing.
(6) The establishment of legal entities or government instrumentalities.
(7) Foreign trade or financial transaction restrictions that would reveal the commercial activity as an activity of the United States Government.

10 USC 434 - Reservation of defenses and immunities

The submission to judicial proceedings in a State or other legal jurisdiction, in connection with a commercial activity undertaken pursuant to this subchapter, shall not constitute a waiver of the defenses and immunities of the United States.

10 USC 435 - Limitations

(a) Lawful Activities.— 
Nothing in this subchapter authorizes the conduct of any intelligence activity that is not otherwise authorized by law or Executive order.
(b) Domestic Activities.— 
Personnel conducting commercial activity authorized by this subchapter may only engage in those activities in the United States to the extent necessary to support intelligence activities abroad.
(c) Providing Goods and Services to the Department of Defense.— 
Commercial activity may not be undertaken within the United States for the purpose of providing goods and services to the Department of Defense, other than as may be necessary to provide security for the activities subject to this subchapter.
(d) Notice to United States Persons.— 

(1) In carrying out a commercial activity authorized under this subchapter, the Secretary of Defense may not permit an entity engaged in such activity to employ a United States person in an operational, managerial, or supervisory position, and may not assign or detail a United States person to perform operational, managerial, or supervisory duties for such an entity, unless that person is informed in advance of the intelligence security purpose of that activity.
(2) In this subsection, the term United States person means an individual who is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence.

10 USC 436 - Regulations

The Secretary of Defense shall prescribe regulations to implement the authority provided in this subchapter. Such regulations shall be consistent with this subchapter and shall at a minimum
(1) specify all elements of the Department of Defense who are authorized to engage in commercial activities pursuant to this subchapter;
(2) require the personal approval of the Secretary or Deputy Secretary of Defense for all sensitive activities to be authorized pursuant to this subchapter;
(3) specify all officials who are authorized to grant waivers of laws or regulations pursuant to section 433 (b) of this title, or to approve the establishment or conduct of commercial activities pursuant to this subchapter;
(4) designate a single office within the Defense Intelligence Agency to be responsible for the management and supervision of all activities authorized under this subchapter;
(5) require that each commercial activity proposed to be authorized under this subchapter be subject to appropriate legal review before the activity is authorized; and
(6) provide for appropriate internal audit controls and oversight for such activities.

10 USC 437 - Congressional oversight

(a) Proposed Regulations.— 
Copies of regulations proposed to be prescribed under section 436 of this title (including any proposed revision to such regulations) shall be submitted to the intelligence committees not less than 30 days before they take effect.
(b) Current Information.— 
Consistent with title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), the Secretary of Defense shall ensure that the intelligence committees are kept fully and currently informed of actions taken pursuant to this subchapter, including any significant anticipated activity to be authorized pursuant to this subchapter.
(c) Annual Report.— 
Not later each year than the date provided in section 507 of the National Security Act of 1947 (50 U.S.C. 415b), the Secretary shall submit to the congressional intelligence committees (as defined in section 3 of that Act (50 U.S.C. 401a)) a report on all commercial activities authorized under this subchapter that were undertaken during the previous fiscal year. Such report shall include (with respect to the fiscal year covered by the report) the following:
(1) A description of any exercise of the authority provided by section 433 (b) of this title.
(2) A description of any expenditure of funds made pursuant to this subchapter (whether from appropriated or non-appropriated funds).
(3) A description of any actions taken with respect to audits conducted pursuant to section 432 of this title to implement recommendations or correct deficiencies identified in such audits.
(4) A description of each corporation, partnership, or other legal entity that was established.

10 USC 438 - Defense industrial security

(a) Responsibility for Defense Industrial Security.— 
The Secretary of Defense shall be responsible for the protection of classified information disclosed to contractors of the Department of Defense.
(b) Consistency With Executive Orders and Directives.— 
The Secretary shall carry out the responsibility assigned under subsection (a) in a manner consistent with Executive Order 12829 (or any successor order to such executive order) and consistent with policies relating to the National Industrial Security Program (or any successor to such program).
(c) Performance of Industrial Security Functions for Other Agencies.— 
The Secretary may perform industrial security functions for other agencies of the Federal government upon request or upon designation of the Department of Defense as executive agent for the National Industrial Security Program (or any successor to such program).
(d) Regulations and Policy Guidance.— 
The Secretary shall prescribe, and from time to time revise, such regulations and policy guidance as are necessary to ensure the protection of classified information disclosed to contractors of the Department of Defense.
(e) Dedication of Resources.— 
The Secretary shall ensure that sufficient resources are provided to staff, train, and support such personnel as are necessary to fully protect classified information disclosed to contractors of the Department of Defense.
(f) Biennial Report.— 
The Secretary shall report biennially to the congressional defense committees on expenditures and activities of the Department of Defense in carrying out the requirements of this section. The Secretary shall submit the report at or about the same time that the Presidents budget is submitted pursuant to section 1105 (a) of title 31, United States Code, in odd numbered years. The report shall be in an unclassified form (with a classified annex if necessary) and shall cover the activities of the Department of Defense in the preceding two fiscal years, including the following:
(1) The workforce responsible for carrying out the requirements of this section, including the number and experience of such workforce; training in the performance of industrial security functions; performance metrics; and resulting assessment of overall quality.
(2) A description of funds authorized, appropriated, or reprogrammed to carry out the requirements of this section, the budget execution of such funds, and the adequacy of budgets provided for performing such purpose.
(3) Statistics on the number of contractors handling classified information of the Department of Defense, and the percentage of such contractors who are subject to foreign ownership, control, or influence.
(4) Statistics on the number of violations identified, enforcement actions taken, and the percentage of such violations occurring at facilities of contractors subject to foreign ownership, control, or influence.
(5) An assessment of whether major contractors implementing the program have adequate enforcement programs and have trained their employees adequately in the requirements of the program.
(6) Trend data on attempts to compromise classified information disclosed to contractors of the Department of Defense to the extent that such data are available.

TITLE 10 - US CODE - CHAPTER 22 - NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY

TITLE 10 - US CODE - SUBCHAPTER I - MISSIONS AND AUTHORITY

10 USC 441 - Establishment

(a) Establishment.— 
The National Geospatial-Intelligence Agency is a combat support agency of the Department of Defense and has significant national missions.
(b) Director.— 

(1) The Director of the National Geospatial-Intelligence Agency is the head of the agency.
(2) Upon a vacancy in the position of Director, the Secretary of Defense shall recommend to the President an individual for appointment to the position.
(3) If an officer of the armed forces on active duty is appointed to the position of Director, the position shall be treated as having been designated by the President as a position of importance and responsibility for purposes of section 601 of this title and shall carry the grade of lieutenant general, or, in the case of an officer of the Navy, vice admiral.
(c) Director of National Intelligence Collection Tasking Authority.— 
Unless otherwise directed by the President, the Director of National Intelligence shall have authority (except as otherwise agreed by the Director and the Secretary of Defense) to
(1) approve collection requirements levied on national imagery collection assets;
(2) determine priorities for such requirements; and
(3) resolve conflicts in such priorities.
(d) Availability and Continued Improvement of Imagery Intelligence Support to All-Source Analysis and Production Function.— 
The Secretary of Defense, in consultation with the Director of National Intelligence, shall take all necessary steps to ensure the full availability and continued improvement of imagery intelligence support for all-source analysis and production.

10 USC 442 - Missions

(a) National Security Missions.— 

(1) The National Geospatial-Intelligence Agency shall, in support of the national security objectives of the United States, provide geospatial intelligence consisting of the following:
(A) Imagery.
(B) Imagery intelligence.
(C) Geospatial information.
(2) Geospatial intelligence provided in carrying out paragraph (1) shall be timely, relevant, and accurate.
(b) Navigation Information.— 
The National Geospatial-Intelligence Agency shall improve means of navigating vessels of the Navy and the merchant marine by providing, under the authority of the Secretary of Defense, accurate and inexpensive nautical charts, sailing directions, books on navigation, and manuals of instructions for the use of all vessels of the United States and of navigators generally.
(c) Maps, Charts, Etc.— 
The National Geospatial-Intelligence Agency shall prepare and distribute maps, charts, books, and geodetic products as authorized under subchapter II of this chapter.
(d) National Missions.— 
The National Geospatial-Intelligence Agency also has national missions as specified in section 110(a) of the National Security Act of 1947 (50 U.S.C. 404e (a)).
(e) Systems.— 
The National Geospatial-Intelligence Agency may, in furtherance of a mission of the Agency, design, develop, deploy, operate, and maintain systems related to the processing and dissemination of imagery intelligence and geospatial information that may be transferred to, accepted or used by, or used on behalf of
(1) the armed forces, including any combatant command, component of a combatant command, joint task force, or tactical unit; or
(2) any other department or agency of the United States.

10 USC 443 - Imagery intelligence and geospatial information: support for foreign countries

(a) Use of Appropriated Funds.— 
The Director of the National Geospatial-Intelligence Agency may use appropriated funds available to the National Geospatial-Intelligence Agency to provide foreign countries with imagery intelligence and geospatial information support.
(b) Use of Funds Other Than Appropriated Funds.— 
The Director may use funds other than appropriated funds to provide foreign countries with imagery intelligence and geospatial information support, notwithstanding provisions of law relating to the expenditure of funds of the United States, except that
(1) no such funds may be expended, in whole or in part, by or for the benefit of the National Geospatial-Intelligence Agency for a purpose for which Congress had previously denied funds;
(2) proceeds from the sale of imagery intelligence or geospatial information items may be used only to purchase replacement items similar to the items that are sold; and
(3) the authority provided by this subsection may not be used to acquire items or services for the principal benefit of the United States.
(c) Accommodation Procurements.— 
The authority under this section may be exercised to conduct accommodation procurements on behalf of foreign countries.
(d) Coordination With Director of National Intelligence.— 
The Director of the Agency shall coordinate with the Director of National Intelligence any action under this section that involves imagery intelligence or intelligence products or involves providing support to an intelligence or security service of a foreign country.

10 USC 444 - Support from Central Intelligence Agency

(a) Support Authorized.— 
The Director of the Central Intelligence Agency may provide support in accordance with this section to the Director of the National Geospatial-Intelligence Agency. The Director of the National Geospatial-Intelligence Agency may accept support provided under this section.
(b) Administrative and Contract Services.— 

(1) In furtherance of the national intelligence effort, the Director of the Central Intelligence Agency may provide administrative and contract services to the National Geospatial-Intelligence Agency as if that agency were an organizational element of the Central Intelligence Agency.
(2) Services provided under paragraph (1) may include the services of security police. For purposes of section 15 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation of the National Geospatial-Intelligence Agency that is provided security police services under this section shall be considered an installation of the Central Intelligence Agency.
(3) Support provided under this subsection shall be provided under terms and conditions agreed upon by the Secretary of Defense and the Director of the Central Intelligence Agency.
(c) Detail of Personnel.— 
The Director of the Central Intelligence Agency may detail personnel of the Central Intelligence Agency indefinitely to the National Geospatial-Intelligence Agency without regard to any limitation on the duration of interagency details of Federal Government personnel.
(d) Reimbursable or Nonreimbursable Support.— 
Support under this section may be provided and accepted on either a reimbursable basis or a nonreimbursable basis.
(e) Authority To Transfer Funds.— 

(1) The Director of the National Geospatial-Intelligence Agency may transfer funds available for that agency to the Director of the Central Intelligence Agency for the Central Intelligence Agency.
(2) The Director of the Central Intelligence Agency
(A) may accept funds transferred under paragraph (1); and
(B) shall expend such funds, in accordance with the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), to provide administrative and contract services or detail personnel to the National Geospatial-Intelligence Agency under this section.

10 USC 445 - Repealed. Pub. L. 105107, title V, 503(c), Nov. 20, 1997, 111 Stat. 2262]

Section, added Pub. L. 104–201, div. A, title XI, 1112(a)(2), Sept. 23, 1996, 110 Stat. 2680; amended Pub. L. 105–85, div. A, title X, 1073(a)(8), Nov. 18, 1997, 111 Stat. 1900, related to protection of agency identifications and organizational information.

TITLE 10 - US CODE - SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC PRODUCTS

10 USC 451 - Maps, charts, and books

The Secretary of Defense may
(1) have the National Geospatial-Intelligence Agency prepare maps, charts, and nautical books required in navigation and have those materials published and furnished to navigators; and
(2) buy the plates and copyrights of existing maps, charts, books on navigation, and sailing directions and instructions.

10 USC 452 - Pilot charts

(a) There shall be conspicuously printed on pilot charts prepared in the National Geospatial-Intelligence Agency the following: Prepared from data furnished by the National Geospatial-Intelligence Agency of the Department of Defense and by the Department of Commerce, and published at the National Geospatial-Intelligence Agency under the authority of the Secretary of Defense.
(b) The Secretary of Commerce shall furnish to the National Geospatial-Intelligence Agency, as quickly as possible, all meteorological information received by the Secretary that is necessary for, and of the character used in, preparing pilot charts.

10 USC 453 - Sale of maps, charts, and navigational publications: prices; use of proceeds

(a) Prices.— 
All maps, charts, and other publications offered for sale by the National Geospatial-Intelligence Agency shall be sold at prices and under regulations that may be prescribed by the Secretary of Defense.
(b) Use of Proceeds To Pay Foreign Licensing Fees.— 

(1) The Secretary of Defense may pay any NGA foreign data acquisition fee out of the proceeds of the sale of maps, charts, and other publications of the Agency, and those proceeds are hereby made available for that purpose.
(2) In this subsection, the term NGA foreign data acquisition fee means any licensing or other fee imposed by a foreign country or international organization for the acquisition or use of data or products by the National Geospatial-Intelligence Agency.

10 USC 454 - Exchange of mapping, charting, and geodetic data with foreign countries and international organizations

The Secretary of Defense may authorize the National Geospatial-Intelligence Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services to a foreign country or international organization pursuant to an agreement for the production or exchange of such data.

10 USC 455 - Maps, charts, and geodetic data: public availability; exceptions

(a) The National Geospatial-Intelligence Agency shall offer for sale maps and charts at scales of 1:500,000 and smaller, except those withheld in accordance with subsection (b) or those specifically authorized under criteria established by Executive order to be kept secret in the interest of national defense or foreign policy and in fact properly classified pursuant to such Executive order.
(b) 
(1) Notwithstanding any other provision of law, the Secretary of Defense may withhold from public disclosure any geodetic product in the possession of, or under the control of, the Department of Defense
(A) that was obtained or produced, or that contains information that was provided, pursuant to an international agreement that restricts disclosure of such product or information to government officials of the agreeing parties or that restricts use of such product or information to government purposes only;
(B) that contains information that the Secretary of Defense has determined in writing would, if disclosed, reveal sources and methods, or capabilities, used to obtain source material for production of the geodetic product; or
(C) that contains information that the Director of the National Geospatial-Intelligence Agency has determined in writing would, if disclosed, jeopardize or interfere with ongoing military or intelligence operations, reveal military operational or contingency plans, or reveal, jeopardize, or compromise military or intelligence capabilities.
(2) In this subsection, the term geodetic product means imagery, imagery intelligence, or geospatial information.
(c) 
(1) Regulations to implement this section (including any amendments to such regulations) shall be published in the Federal Register for public comment for a period of not less than 30 days before they take effect.
(2) Regulations under this section shall address the conditions under which release of geodetic products authorized under subsection (b) to be withheld from public disclosure would be appropriate
(A) in the case of allies of the United States; and
(B) in the case of qualified United States contractors (including contractors that are small business concerns) who need such products for use in the performance of contracts with the United States.

10 USC 456 - Civil actions barred

(a) Claims Barred.— 
No civil action may be brought against the United States on the basis of the content of a navigational aid prepared or disseminated by the National Geospatial-Intelligence Agency.
(b) Navigational Aids Covered.— 
Subsection (a) applies with respect to a navigational aid in the form of a map, a chart, or a publication and any other form or medium of product or information in which the National Geospatial-Intelligence Agency prepares or disseminates navigational aids.

10 USC 457 - Operational files previously maintained by or concerning activities of National Photographic Interpretation Center: authority to withhold from public disclosure

(a) Authority.— 
The Secretary of Defense may withhold from public disclosure operational files described in subsection (b) to the same extent that operational files may be withheld under section 701 of the National Security Act of 1947 (50 U.S.C. 431).
(b) Covered Operational Files.— 
The authority under subsection (a) applies to operational files in the possession of the National Geospatial-Intelligence Agency that
(1) as of September 22, 1996, were maintained by the National Photographic Interpretation Center; or
(2) concern the activities of the Agency that, as of such date, were performed by the National Photographic Interpretation Center.
(c) Operational Files Defined.— 
In this section, the term operational files has the meaning given that term in section 701(b) of the National Security Act of 1947 (50 U.S.C. 431 (b)).

TITLE 10 - US CODE - SUBCHAPTER III - PERSONNEL MANAGEMENT

10 USC 461 - Management rights

(a) Scope.— 
If there is no obligation under the provisions of chapter 71 of title 5 for the head of an agency of the United States to consult or negotiate with a labor organization on a particular matter by reason of that matter being covered by a provision of law or a Governmentwide regulation, the Director of the National Geospatial-Intelligence Agency is not obligated to consult or negotiate with a labor organization on that matter even if that provision of law or regulation is inapplicable to the National Geospatial-Intelligence Agency.
(b) Bargaining Units.— 
The Director of the National Geospatial-Intelligence Agency shall accord exclusive recognition to a labor organization under section 7111 of title 5 only for a bargaining unit that was recognized as appropriate for the Defense Mapping Agency on September 30, 1996.
(c) Termination of Bargaining Unit Coverage of Position Modified To Affect National Security Directly.— 

(1) If the Director of the National Geospatial-Intelligence Agency determines that the responsibilities of a position within a collective bargaining unit should be modified to include intelligence, counterintelligence, investigative, or security duties not previously assigned to that position and that the performance of the newly assigned duties directly affects the national security of the United States, then, upon such a modification of the responsibilities of that position, the position shall cease to be covered by the collective bargaining unit and the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recognition for that collective bargaining unit.
(2) A determination described in paragraph (1) that is made by the Director of the National Geospatial-Intelligence Agency may not be reviewed by the Federal Labor Relations Authority or any court of the United States.

10 USC 462 - Financial assistance to certain employees in acquisition of critical skills

The Secretary of Defense may establish an undergraduate training program with respect to civilian employees of the National Geospatial-Intelligence Agency that is similar in purpose, conditions, content, and administration to the program established by the Secretary of Defense under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402 note ) for civilian employees of the National Security Agency.

TITLE 10 - US CODE - SUBCHAPTER IV - DEFINITIONS

10 USC 467 - Definitions

In this chapter:
(1) The term function means any duty, obligation, responsibility, privilege, activity, or program.
(2) 
(A) The term imagery means, except as provided in subparagraph (B), a likeness or presentation of any natural or manmade feature or related object or activity and the positional data acquired at the same time the likeness or representation was acquired, including
(i) products produced by space-based national intelligence reconnaissance systems; and
(ii) likenesses or presentations produced by satellites, airborne platforms, unmanned aerial vehicles, or other similar means.
(B) Such term does not include handheld or clandestine photography taken by or on behalf of human intelligence collection organizations.
(3) The term imagery intelligence means the technical, geographic, and intelligence information derived through the interpretation or analysis of imagery and collateral materials.
(4) The term geospatial information means information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the earth and includes
(A) statistical data and information derived from, among other things, remote sensing, mapping, and surveying technologies; and
(B) mapping, charting, geodetic data, and related products.
(5) The term geospatial intelligence means the exploitation and analysis of imagery and geospatial information to describe, assess, and visually depict physical features and geographically referenced activities on the earth. Geospatial intelligence consists of imagery, imagery intelligence, and geospatial information.

TITLE 10 - US CODE - CHAPTER 23 - MISCELLANEOUS STUDIES AND REPORTS

10 USC 480 - Reports to Congress: submission in electronic form

(a) Requirement.— 
Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium.
(b) Exception.— 
Subsection (a) does not apply to a report submitted in classified form.
(c) Definition.— 
In this section, the term report includes any certification, notification, or other communication in writing.

10 USC 481 - Racial and ethnic issues; gender issues: surveys

(a) In General.— 

(1) The Secretary of Defense shall carry out four quadrennial surveys (each in a separate year) in accordance with this section to identify and assess racial and ethnic issues and discrimination, and to identify and assess gender issues and discrimination, among members of the armed forces. Each such survey shall be conducted so as to identify and assess the extent (if any) of activity among such members that may be seen as so-called hate group activity.
(2) The four surveys shall be as follows:
(A) To identify and assess racial and ethnic issues and discrimination among members of the armed forces serving on active duty.
(B) To identify and assess racial and ethnic issues and discrimination among members of the armed forces in the reserve components.
(C) To identify and assess gender issues and discrimination among members of the armed forces serving on active duty.
(D) To identify and assess gender issues and discrimination members of the armed forces in the reserve components.
(3) The surveys under this section relating to racial and ethnic issues and discrimination shall be known as the Armed Forces Workplace and Equal Opportunity Surveys. The surveys under this section relating to gender issues and discrimination shall be known as the Armed Forces Workplace and Gender Relations Surveys.
(4) Each survey under this section shall be conducted separately from any other survey conducted by the Department of Defense.
(b) Armed Forces Workplace and Equal Opportunity Surveys.— 
The Armed Forces Workplace and Equal Opportunity Surveys shall be conducted so as to solicit information on racial and ethnic issues, including issues relating to harassment and discrimination, and the climate in the armed forces for forming professional relationships among members of the armed forces of various racial and ethnic groups. Both such surveys shall be conducted so as to solicit information on the following:
(1) Indicators of positive and negative trends for professional and personal relationships among members of all racial and ethnic groups.
(2) The effectiveness of Department of Defense policies designed to improve relationships among all racial and ethnic groups.
(3) The effectiveness of current processes for complaints on and investigations into racial and ethnic discrimination.
(c) Armed Forces Workplace and Gender Relations Surveys.— 
The Armed Forces Workplace and Gender Relations Surveys shall be conducted so as to solicit information on gender issues, including issues relating to gender-based harassment and discrimination, and the climate in the armed forces for forming professional relationships between male and female members of the armed forces. Both such surveys shall be conducted so as to solicit information on the following:
(1) Indicators of positive and negative trends for professional and personal relationships between male and female members of the armed forces.
(2) The effectiveness of Department of Defense policies designed to improve professional relationships between male and female members of the armed forces.
(3) The effectiveness of current processes for complaints on and investigations into gender-based discrimination.
(d) Surveys To Be Conducted in Different Years.— 
Each of the four quadrennial surveys conducted under this section shall be conducted in a different year from any other survey conducted under this section, so that one such survey is conducted during each year.
(e) Reports to Congress.— 
Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey.
(f) Inapplicability to Coast Guard.— 
This section does not apply to the Coast Guard.

10 USC 482 - Quarterly reports: personnel and unit readiness

(a) Quarterly Reports Required.— 
Not later than 45 days after the end of each calendar-year quarter, the Secretary of Defense shall submit to Congress a report regarding military readiness. The report for a quarter shall contain the information required by subsections (b), (d), (e), and (f).
(b) Readiness Problems and Remedial Actions.— 
Each report shall specifically describe
(1) each readiness problem and deficiency identified using the assessments considered under subsection (c);
(2) planned remedial actions; and
(3) the key indicators and other relevant information related to each identified problem and deficiency.
(c) Consideration of Readiness Assessments.— 
The information required under subsection (b) to be included in the report for a quarter shall be based on readiness assessments that are provided during that quarter
(1) to any council, committee, or other body of the Department of Defense
(A) that has responsibility for readiness oversight; and
(B) whose membership includes at least one civilian officer in the Office of the Secretary of Defense at the level of Assistant Secretary of Defense or higher;
(2) by senior civilian and military officers of the military departments and the commanders of the unified and specified commands; and
(3) as part of any regularly established process of periodic readiness reviews for the Department of Defense as a whole.
(d) Comprehensive Readiness Indicators for Active Components.— 
Each report shall also include information regarding each of the active components of the armed forces (and an evaluation of such information) with respect to each of the following readiness indicators:
(1) Personnel strength.— 

(A) Personnel status, including the extent to which members of the armed forces are serving in positions outside of their military occupational specialty, serving in grades other than the grades for which they are qualified, or both.
(B) Historical data and projected trends in personnel strength and status.
(2) Personnel turbulence.— 

(A) Recruit quality.
(B) Borrowed manpower.
(C) Personnel stability.
(3) Other personnel matters.— 

(A) Personnel morale.
(B) Recruiting status.
(4) Training.— 

(A) Training unit readiness and proficiency.
(B) Operations tempo.
(C) Training funding.
(D) Training commitments and deployments.
(5) Logistics—equipment fill.— 

(A) Deployed equipment.
(B) Equipment availability.
(C) Equipment that is not mission capable.
(D) Age of equipment.
(E) Condition of nonpacing items.
(6) Logistics—equipment maintenance.— 

(A) Maintenance backlog.
(7) Logistics—supply.— 

(A) Availability of ordnance and spares.
(B) Status of prepositioned equipment.
(e) Unit Readiness Indicators.— 
Each report shall also include information regarding the readiness of each active component unit of the armed forces at the battalion, squadron, or an equivalent level (or a higher level) that received a readiness rating of C3 (or below) for any month of the calendar-year quarter covered by the report. With respect to each such unit, the report shall separately provide the following information:
(1) The unit designation and level of organization.
(2) The overall readiness rating for the unit for the quarter and each month of the quarter.
(3) The resource area or areas (personnel, equipment and supplies on hand, equipment condition, or training) that adversely affected the units readiness rating for the quarter.
(4) The reasons why the unit received a readiness rating of C3 (or below).
(f) Readiness of National Guard to Perform Civil Support Missions.— 

(1) Each report shall also include an assessment of the readiness of the National Guard to perform tasks required to support the National Response Plan for support to civil authorities.
(2) Any information in an assessment under this subsection that is relevant to the National Guard of a particular State shall also be made available to the Governor of that State.
(3) The Secretary shall ensure that each State Governor has an opportunity to provide to the Secretary an independent evaluation of that States National Guard, which the Secretary shall include with each assessment submitted under this subsection.
(g) Classification of Reports.— 
A report under this section shall be submitted in unclassified form. To the extent the Secretary of Defense determines necessary, the report may also be submitted in classified form.

10 USC 483 - Reports on transfers from high-priority readiness appropriations

(a) Annual Reports.— 
Not later than the date on which the President submits the budget for a fiscal year to Congress pursuant to section 1105 of title 31, 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 transfers during the preceding fiscal year from funds available for each covered budget activity.
(b) Midyear Reports.— 
Not later than June 1 of each fiscal year, the Secretary of Defense shall submit to the congressional committees specified in subsection (a) a report on transfers, during the first six months of that fiscal year, from funds available for each covered budget activity.
(c) Matters To Be Included.— 
In each report under subsection (a) or (b), the Secretary of Defense shall include for each covered budget activity the following:
(1) A statement, for the period covered by the report, of
(A) the total amount of transfers into funds available for that activity;
(B) the total amount of transfers from funds available for that activity; and
(C) the net amount of transfers into, or out of, funds available for that activity.
(2) A detailed explanation of the transfers into, and out of, funds available for that activity during the period covered by the report, including identification of the sources from which funds were transferred into that activity and identification of the recipients of the funds transferred out of that activity.
(d) Covered Budget Activity Defined.— 
In this section, the term covered budget activity means each of the following:
(1) The budget activity groups (known as subactivities) within the Operating Forces budget activity of the annual Operation and Maintenance, Army, appropriation that are designated as follows:
(A) All subactivities under the category of Land Forces.
(B) Land Forces Depot Maintenance.
(C) Base Support.
(D) Maintenance of Real Property.
(2) The Air Operations budget activity groups (known as subactivities) within the Operating Forces budget activity of the annual Operation and Maintenance, Navy, appropriation that are designated as follows:
(A) Mission and Other Flight Operations.
(B) Fleet Air Training.
(C) Aircraft Depot Maintenance.
(D) Base Support.
(E) Maintenance of Real Property.
(3) The Ship Operations budget activity groups (known as subactivities) within the Operating Forces budget activity of the annual Operation and Maintenance, Navy, appropriation that are designated as follows:
(A) Mission and Other Ship Operations.
(B) Ship Operational Support and Training.
(C) Ship Depot Maintenance.
(D) Base Support.
(E) Maintenance of Real Property.
(4) The Expeditionary Forces budget activity groups (known as subactivities) within the Operating Forces budget activity of the annual Operation and Maintenance, Marine Corps, appropriation that are designated as follows:
(A) Operational Forces.
(B) Depot Maintenance.
(C) Base Support.
(D) Maintenance of Real Property.
(5) The Air Operations and Combat Related Operations budget activity groups (known as subactivities) within the Operating Forces budget activity of the annual Operation and Maintenance, Air Force, appropriation that are designated as follows:
(A) Primary Combat Forces.
(B) Primary Combat Weapons.
(C) Air Operations Training.
(D) Depot Maintenance.
(E) Base Support.
(F) Maintenance of Real Property.
(G) Combat Enhancement Forces.
(H) Combat Communications.
(6) The Mobility Operations budget activity group (known as a subactivity) within the Mobilization budget activity of the annual Operation and Maintenance, Air Force, appropriation that is designated as Airlift Operations.

10 USC 484 - Annual report on aircraft inventory

(a) Annual Report.— 
The Under Secretary of Defense (Comptroller) shall submit to Congress each year a report on the aircraft in the inventory of the Department of Defense. The Under Secretary shall submit the report when the President submits the budget to Congress under section 1105 (a) of title 31.
(b) Content.— 
The report shall set forth, in accordance with subsection (c), the following information:
(1) The total number of aircraft in the inventory.
(2) The total number of the aircraft in the inventory that are active, stated in the following categories (with appropriate subcategories for mission aircraft, training aircraft, dedicated test aircraft, and other aircraft):
(A) Primary aircraft.
(B) Backup aircraft.
(C) Attrition and reconstitution reserve aircraft.
(3) The total number of the aircraft in the inventory that are inactive, stated in the following categories:
(A) Bailment aircraft.
(B) Drone aircraft.
(C) Aircraft for sale or other transfer to foreign governments.
(D) Leased or loaned aircraft.
(E) Aircraft for maintenance training.
(F) Aircraft for reclamation.
(G) Aircraft in storage.
(4) The aircraft inventory requirements approved by the Joint Chiefs of Staff.
(c) Display of Information.— 
The report shall specify the information required by subsection (b) separately for the active component of each armed force and for each reserve component of each armed force and, within the information set forth for each such component, shall specify the information separately for each type, model, and series of aircraft provided for in the future-years defense program submitted to Congress.

10 USC 485 - Joint and service concept development and experimentation

(a) Biennial Reports Required.— 
Not later than January 1 of each even numbered-year, the Secretary of Defense or the Secretarys designee shall submit to the congressional defense committees a report on the conduct and outcomes of joint and service concept development and experimentation.
(b) Matters To Be Included.— 
Each report under subsection (a) shall include the following:
(1) A description of any changes since the latest report submitted under this section to each of the following:
(A) The organization of the Department of Defense responsible for executing the mission of joint concept development and experimentation, or its specific authorities related to that mission.
(B) The process for tasking forces (including forces designated as joint experimentation forces) to participate in joint concept development and experimentation, and the specific authority of the organization responsible for executing the mission of joint concept development and experimentation over those forces.
(C) The resources provided for initial implementation of joint concept development and experimentation, the process for providing such resources to the organization responsible for executing the mission of joint concept development and experimentation, the categories of funding for joint concept development and experimentation, and the authority of the organization responsible for executing the mission of joint concept development and experimentation for budget execution for such activities.
(D) The assigned role of the organization responsible for executing the mission of joint concept development and experimentation for
(i) integrating and testing in joint concept development and experimentation the systems that emerge from warfighting experimentation by the armed forces and the Defense Agencies;
(ii) assessing the effectiveness of organizational structures, operational concepts, and technologies relating to joint concept development and experimentation; and
(iii) assisting the Secretary of Defense and the Chairman of the Joint Chiefs of Staff in setting priorities for requirements or acquisition programs in light of joint concept development and experimentation.
(2) A description of the conduct of joint concept development and experimentation activities, and of concept development and experimentation activities of each of the military departments, during the two-year period ending on the date of such report, including
(A) the funding involved;
(B) the number of activities engaged in;
(C) the forces involved;
(D) the national and homeland security challenges addressed;
(E) the operational concepts assessed;
(F) the technologies assessed;
(G) the scenarios and measures of effectiveness utilized; and
(H) specific interactions under such activities with the commanders of the combatant commands and with other organizations and entities inside and outside the Department.
(3) A description of the conduct of joint concept development and experimentation, and of the conduct of concept development and experimentation by each of the military departments, during the two-year period ending on the date of such report with respect to the development of warfighting concepts for operational scenarios more than 10 years in the future, including
(A) the funding involved;
(B) the number of activities engaged in;
(C) the forces involved;
(D) the challenges addressed;
(E) the operational concepts assessed;
(F) the technologies assessed;
(G) the scenarios and measures of effectiveness utilized; and
(H) specific interactions with the commanders of the combatant commands and with other organizations and entities inside and outside the Department.
(4) A description of the mechanisms used to coordinate joint, service, interagency, Coalition, and other appropriate concept development and experimentation activities.
(5) An assessment of the return on investment in concept development and experimentation activities, including a description of the following:
(A) Specific outcomes and impacts within the Department of the results of past joint and service concept development and experimentation in terms of new doctrine, operational concepts, organization, training, materiel, leadership, personnel, or the allocation of resources, or in activities that terminated support for legacy concepts, programs, or systems.
(B) Specific actions taken to implement the recommendations of the Commander of United States Joint Forces Command based on joint concept development and experimentation activities.
(6) Such recommendations (based primarily on the results of joint and service concept development and experimentation) as the Secretary considers appropriate for enhancing the development of joint warfighting capabilities by modifying activities throughout the Department relating to
(A) the development or acquisition of specific advanced technologies, systems, or weapons or systems platforms;
(B) key systems attributes and key performance parameters for the development or acquisition of advanced technologies and systems;
(C) joint or service doctrine, organization, training, materiel, leadership development, personnel, or facilities;
(D) the reduction or elimination of redundant equipment and forces, including the synchronization of the development and fielding of advanced technologies among the armed forces to enable the development and execution of joint operational concepts; and
(E) the development or modification of initial capabilities documents, operational requirements, and relative priorities for acquisition programs to meet joint requirements.
(7) With respect to improving the effectiveness of joint concept development and experimentation capabilities, such recommendations (based primarily on the results of joint warfighting experimentation) as the Secretary considers appropriate regarding
(A) the conduct of, adequacy of resources for, or development of technologies to support such capabilities; and
(B) changes in support from other elements of the Department responsible for concept development and experimentation by joint or service organizations.
(8) The coordination of the concept development and experimentation activities of the Commander of the United States Joint Forces Command with the activities of the Commander of the North Atlantic Treaty Organization Supreme Allied Command Transformation.
(9) Any other matters that the Secretary consider appropriate.
(c) Coordination and Support.— 
The Secretary of Defense shall ensure that the Secretaries of the military departments and the heads of other appropriate elements of the Department of Defense provide such information and support as is required for the preparation of the reports required by this section.

10 USC 486 - Quadrennial report on emerging operational concepts

(a) Quadrennial Report Required.— 
Not later than March 1 of each year evenly divisible by four, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on emerging operational concepts. Each such report shall be prepared by the Secretary in consultation with the Chairman of the Joint Chiefs of Staff.
(b) Content of Report Relating to DoD Processes.— 
Each such report shall contain a description, for the four years preceding the year in which the report is submitted, of the following:
(1) The process undertaken in the Department of Defense, and in each of the Army, Navy, Air Force, and Marine Corps, to define and develop doctrine, operational concepts, organizational concepts, and acquisition strategies to address
(A) the potential of emerging technologies for significantly improving the operational effectiveness of the armed forces;
(B) changes in the international order that may necessitate changes in the operational capabilities of the armed forces;
(C) emerging capabilities of potential adversary states; and
(D) changes in defense budget projections.
(2) The manner in which the processes described in paragraph (1) are harmonized to ensure that there is a sufficient consideration of the development of joint doctrine, operational concepts, and acquisition strategies.
(3) The manner in which the processes described in paragraph (1) are coordinated through the Joint Requirements Oversight Council and reflected in the planning, programming, and budgeting process of the Department of Defense.
(c) Content of Report Relating to Identification of Technological Objectives for Research and Development.— 
Each report under this section shall set forth the military capabilities that are necessary for meeting national security requirements over the next two to three decades, including
(1) the most significant strategic and operational capabilities (including both armed force-specific and joint capabilities) that are necessary for the armed forces to prevail against the most dangerous threats, including asymmetrical threats, that could be posed to the national security interests of the United States by potential adversaries from 20 to 30 years in the future;
(2) the key characteristics and capabilities of future military systems (including both armed force-specific and joint systems) that will be needed to meet each such threat; and
(3) the most significant research and development challenges that must be met, and the technological breakthroughs that must be made, to develop and field such systems.

10 USC 487 - Unit operations tempo and personnel tempo: annual report

(a) Inclusion in Annual Report.— 
The Secretary of Defense shall include in the annual report required by section 113 (c) of this title a description of the operations tempo and personnel tempo of the armed forces.
(b) Specific Requirements.— 

(1) Until such time as the Secretary of Defense develops a common method to measure operations tempo and personnel tempo for the armed forces, the description required under subsection (a) shall include the methods by which each of the armed forces measures operations tempo and personnel tempo.
(2) The description shall include the personnel tempo policies of each of the armed forces and any changes to these policies since the preceding report.
(3) The description shall include a table depicting the active duty end strength for each of the armed forces for each of the preceding five years and also depicting the number of members of each of the armed forces deployed over the same period, as determined by the Secretary concerned.
(4) The description shall identify the active and reserve component units of the armed forces participating at the battalion, squadron, or an equivalent level (or a higher level) in contingency operations, major training events, and other exercises and contingencies of such a scale that the exercises and contingencies receive an official designation, that were conducted during the period covered by the report and the duration of their participation.
(5) For each of the armed forces, the description shall indicate, for the period covered by the report
(A) the number of members who received the high-deployment allowance under section 436 of title 37;
(B) the number of members who received each rate of allowance paid;
(C) the number of members who received the allowance for one month, for two months, for three months, for four months, for five months, for six months, and for more than six months; and
(D) the total amount spent on the allowance.
(6) For each of the armed forces, the description shall indicate the number of days that high demand, low density units (as defined by the Chairman of the Joint Chiefs of Staff) were deployed during the period covered by the report, and whether these units met the force goals for limiting deployments, as described in the personnel tempo policies applicable to that armed force.
(c) Operations Tempo and Personnel Tempo Defined.— 
Until such time as the Secretary of Defense establishes definitions of operations tempo and personnel tempo applicable to all of the armed forces, the following definitions shall apply for purposes of the preparation of the description required under subsection (a):
(1) The term operations tempo means the rate at which units of the armed forces are involved in all military activities, including contingency operations, exercises, and training deployments.
(2) The term personnel tempo means the amount of time members of the armed forces are engaged in their official duties, including official duties at a location or under circumstances that make it infeasible for a member to spend off-duty time in the housing in which the member resides when on garrison duty at the members permanent duty station.
(d) Inapplicability to Coast Guard.— 
In this section, the term armed forces does not include the Coast Guard when it is not operating as a service in the Department of the Navy.

10 USC 488 - Management of electromagnetic spectrum: biennial strategic plan

(a) Requirement for Strategic Plan.— 
Every other year, and in time for submission to Congress under subsection (b), the Secretary of Defense shall prepare a strategic plan for the management of the electromagnetic spectrum to ensure the accessibility and efficient use of that spectrum needed to support the mission of the Department of Defense.
(b) Submission of Plan to Congress.— 
The Secretary of Defense shall submit to Congress the strategic plan most recently prepared under subsection (a) at the same time that the President submits to Congress the budget for an even-numbered fiscal year under section 1105 (a) of title 31.

10 USC 489 - Annual report on Department of Defense operation and financial support for military museums

(a) Report Required.— 
As part of the budget materials submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31, but in no case later than March 15 of each year, the Secretary of Defense shall submit a report identifying all military museums that, during the most recently completed fiscal year
(1) were operated by the Secretary of Defense or the Secretary of a military department;
(2) were otherwise supported using funds appropriated to the Department of Defense; or
(3) were located on property under the jurisdiction of the Department of Defense, although neither operated by the Department of Defense nor supported using funds appropriated to the Department of Defense.
(b) Information on Individual Museums.— 
For each museum identified in a report under this section, the Secretary of Defense shall include in the report the following:
(1) The purpose and functions of the museum and the justification for the museum.
(2) A description of the facilities dedicated to the museum, including the location, size, and type of facilities and whether the facilities are included or eligible for inclusion on the National Register of Historic Places.
(3) An itemized listing of the funds appropriated to the Department of Defense that were obligated to support the museum during the fiscal year covered by the report and a description of the process used to determine the annual allocation of Department of Defense funds for the museum.
(4) An itemized listing of any other Federal funds, funds from a nonappropriated fund instrumentality account of the Department of Defense, and non-Federal funds obligated to support the museum.
(5) The management structure of the museum, including identification of the persons responsible for preparing the budget for the museum and for making acquisition and management decisions for the museum.
(6) The number of civilian employees of the Department of Defense and members of the armed forces who served full-time or part-time at the museum and their role in the management structure of the museum.
(c) Information on Support Priorities.— 
Each report under this section shall also include a separate description of the procedures used by the Secretary of Defense, in the case of museums identified in the report that are operated or supported by the Secretary of Defense, and the Secretary of a military department, in the case of museums identified in the report that are operated or supported by that Secretary, to prioritize funding and personnel support to the museums. The Secretary of Defense shall include a description of any such procedures applicable to the entire Department of Defense.

10 USC 490 - Space cadre management: biennial report

(a) Requirement.— 
The Secretary of Defense and each Secretary of a military department shall develop metrics and use these metrics to identify, track, and manage space cadre personnel within the Department of Defense to ensure the Department has sufficient numbers of personnel with the expertise, training, and experience to meet current and future national security space needs.
(b) Biennial Report Required.— 

(1) In general.— 
Not later than 180 days after the date of the enactment of this section, and every even-numbered year thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the management of the space cadre.
(2) Matters included.— 
The report required by paragraph (1) shall include
(A) the number of active duty, reserve duty, and government civilian space-coded billets that
(i) are authorized or permitted to be maintained for each military department and defense agency;
(ii) are needed or required for each military department and defense agency for the year in which the submission of the report is required; and
(iii) are needed or required for each military department and defense agency for each of the five years following the date of the submission of the report;
(B) the actual number of active duty, reserve duty, and government civilian personnel that are coded or classified as space cadre personnel within the Department of Defense, including the military departments and defense agencies;
(C) the number of personnel recruited or hired as accessions to serve in billets coded or classified as space cadre personnel for each military department and defense agency;
(D) the number of personnel serving in billets coded or classified as space cadre personnel that discontinued serving each military department and defense agency during the preceding calendar year;
(E) for each of the reporting requirements in subparagraphs (A) through (D), further classification of the number of personnel by
(i) space operators, acquisition personnel, engineers, scientists, program managers, and other space-related areas identified by the Department;
(ii) expertise or technical specialization area
(I) such as communications, missile warning, spacelift, and any other space-related specialties identified by the Department or classifications used by the Department; and
(II) consistent with section 1721 of this title for acquisition personnel;
(iii) rank for active duty and reserve duty personnel and grade for government civilian personnel;
(iv) qualification, expertise, or proficiency level consistent with service and agency-defined qualification, expertise, or proficiency levels; and
(v) any other such space-related classification categories used by the Department or military departments; and
(F) any other metrics identified by the Department to improve the identification, tracking, training, and management of space cadre personnel.
(3) Assessments.— 
The report required by paragraph (1) shall also include the Secretarys assessment of the state of the Departments space cadre, the Secretarys assessment of the space cadres of the military departments, and a description of efforts to ensure the Department has a space cadre sufficient to meet current and future national security space needs.