dreamproit/uscode huggingface dataset:
10 U.S.C. § 122a (ARMED FORCES)
§ 122a. Public availability of Department of Defense reports required by law
(a) In General.—
To the maximum extent practicable, on or after the date on which each report described in subsection (b) is submitted to Congress, the Secretary of Defense, acting through the Office of the Assistant Secretary of Defense for Public Affairs, shall ensure that the report is made available to the public by—
(1) posting the report on a publicly accessible Internet website of the Department of Defense; and
(2) upon request, transmitting the report by other means, as long as such transmission is at no cost to the Department.
(b) Covered Reports.—
(1) Except as provided in paragraph (2), a report described in this subsection is any report that is required by law to be submitted to Congress by the Secretary of Defense, or by any element of the Department of Defense.
(2) A report otherwise described in paragraph (1) is not a report described in this subsection if the report contains—
(A) classified information;
(B) proprietary information;
(C) information that is exempt from disclosure under section 552 of title 5 (commonly referred to as the “Freedom of Information Act”); or
(D) any other type of information that the Secretary of Defense determines should not be made available to the public in the interest of national security.
(Added Pub. L. 111–383, div. A, title X, § 1061(a)(1), Jan. 7, 2011, 124 Stat. 4362; amended Pub. L. 112–81, div. A, title X, § 1068, Dec. 31, 2011, 125 Stat. 1589; Pub. L. 113–66, div. A, title X, § 1081(a), Dec. 26, 2013, 127 Stat. 871.)
heading: Amendments
text: 2013—Subsec. (a). Pub. L. 113–66 amended subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Defense shall ensure that each report described in subsection (b) is
“(1) made available to the public, upon request submitted on or after the date on which such report is submitted to Congress, through the Office of the Assistant Secretary of Defense for Public Affairs; and
“(2) to the maximum extent practicable, transmitted in an electronic format.”
2011—Subsec. (a). Pub. L. 112–81 substituted pars. (1) and (2) for “made available to the public, upon request submitted on or after the date on which such report is submitted to Congress, through the Office of the Assistant Secretary of Defense for Public Affairs.”
heading: Effective Date of 2013 Amendment
text: Pub. L. 113–66, div. A, title X, § 1081(b), Dec. 26, 2013, 127 Stat. 871, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to reports submitted to Congress after the date of the enactment of this Act [Dec. 26, 2013].”
heading: Effective Date
text: Pub. L. 111–383, div. A, title X, § 1061(b), Jan. 7, 2011, 124 Stat. 4362, provided that: “Section 122a of title 10, United States Code (as added by subsection (a)), shall take effect 90 days after the date of the enactment of this Act [Jan. 7, 2011], and shall apply with respect to reports that are required by law to be submitted to Congress on or after that date.”
10 U.S.C. § 189 (ARMED FORCES)
§ 189. Communications Security Review and Advisory Board
(a) Establishment.—
There shall be in the Department of Defense a Communications Security Review and Advisory Board (in this section referred to as the “Board”) to review and assess the communications security, cryptographic modernization, and related key management activities of the Department and provide advice to the Secretary with respect to such activities.
(b) Members.—
(1) The Secretary shall determine the number of members of the Board.
(2) The Chief Information Officer of the Department of Defense shall serve as chairman of the Board.
(3) The Secretary shall appoint officers in the grade of general or admiral and civilian employees of the Department of Defense in the Senior Executive Service to serve as members of the Board.
(c) Responsibilities.—
The Board shall—
(1) monitor the overall communications security, cryptographic modernization, and key management efforts of the Department, including activities under major defense acquisition programs (as defined in section 139c 1 of this title), by—
(A) requiring each Chief Information Officer of each military department to report the communications security activities of the military department to the Board;
(B) tracking compliance of each military department with respect to communications security modernization efforts;
(C) validating lifecycle communications security modernization plans for major defense acquisition programs;
(2) validate the need to replace cryptographic equipment based on the expiration dates of the equipment and evaluate the risks of continuing to use cryptographic equipment after such expiration dates;
(3) convene in-depth program reviews for specific cryptographic modernization developments with respect to validating requirements and identifying programmatic risks;
(4) develop a long-term roadmap for communications security to identify potential issues and ensure synchronization with major planning documents; and
(5) advise the Secretary on the cryptographic posture of the Department, including budgetary recommendations.
(d) Exclusion of Certain Programs.—
The Board shall not include the consideration of programs funded under the National Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6))) in carrying out this section.
(Added Pub. L. 113–66, div. A, title II, § 261(a), Dec. 26, 2013, 127 Stat. 724.)
10 U.S.C. § 236 (ARMED FORCES)
§ 236. Personal protection equipment procurement: display of budget information
(a) Budget Justification Display.—
The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for each fiscal year after fiscal year 2014, a consolidated budget justification display that covers all programs and activities associated with the procurement of personal protection equipment during the period covered by the future-years defense program submitted in that fiscal year under section 221.
(b) Requirements for Budget Display.—
The consolidated budget justification display under subsection (a) for a fiscal year shall include the following:
(1) The amount for personal protection equipment included in both the base budget of the President and any overseas contingency operations budget of the President.
(2) A brief description of each category of personal protection equipment for each military department planned to be procured and developed.
(3) For each category planned to be procured using funds made available for operation and maintenance (whether under the base budget or any overseas contingency operations budget)—
(A) the relevant appropriations account, budget activity, and subactivity group for the category; and
(B) the funding profile for the fiscal year as requested, including cost and quantities, and an estimate of projected investments or procurements for each of the subsequent five fiscal years.
(4) For each category planned to be developed using funds made available for research, development, test, and evaluation (whether under the base budget or any overseas contingency operations budget)—
(A) the relevant appropriations account, program, project or activity; program element number, and line number; and
(B) the funding profile for the fiscal year as requested and an estimate of projected investments for each of the subsequent five fiscal years.
(c) Definitions.—
In this section:
(1) The terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title.
(2) The term “category of personal protection equipment” means the following:
(A) Body armor components.
(B) Combat helmets.
(C) Combat protective eyewear.
(D) Other items as determined appropriate by the Secretary.
(Added Pub. L. 113–66, div. A, title I, § 141(a), Dec. 26, 2013, 127 Stat. 696.)
10 U.S.C. § 237 (ARMED FORCES)
§ 237. Embedded mental health providers of the reserve components: display of budget information
The Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense, a budget justification display with respect to embedded mental health providers within each reserve component, including the amount requested for each such component.
(Added Pub. L. 113–66, div. A, title VII, § 721(a), Dec. 26, 2013, 127 Stat. 799.)
10 U.S.C. § 432 (ARMED FORCES)
§ 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 congressional defense committees and the congressional intelligence committees (as defined in section 437(c) of this title).
(Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 438; amended Pub. L. 113–66, div. A, title IX, § 921(a), Dec. 26, 2013, 127 Stat. 827.)
heading: Amendments
text: 2013—Subsec. (b)(2). Pub. L. 113–66 substituted “the congressional defense committees and the congressional intelligence committees (as defined in section 437(c) of this title).” for “the intelligence committees (as defined in section 437(d) of this title).”
10 U.S.C. § 436 (ARMED FORCES)
§ 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 Department of Defense to be responsible for the oversight 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.
(Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 439; amended Pub. L. 113–66, div. A, title IX, § 921(b), Dec. 26, 2013, 127 Stat. 827.)
heading: Amendments
text: 2013—Par. (4). Pub. L. 113–66 substituted “Department of Defense” for “Defense Intelligence Agency” and “oversight” for “management and supervision”.
10 U.S.C. § 483 (ARMED FORCES)
[§ 483. Repealed. Pub. L. 113–66, div. A, title X, § 1084(a)(1)(A), Dec. 26, 2013, 127 Stat. 871]
text: Section, added Pub. L. 105–85, div. A, title III, § 323(a), Nov. 18, 1997, 111 Stat. 1675; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [[div. A], title III, § 372], Oct. 30, 2000, 114 Stat. 1654, 1654A–80, related to reports on transfers from high-priority readiness appropriations.
10 U.S.C. § 485 (ARMED FORCES)
§ 485. Quarterly counterterrorism operations briefings
(a) Briefings Required.—
The Secretary of Defense shall provide to the congressional defense committees quarterly briefings outlining Department of Defense counterterrorism operations and related activities.
(b) Elements.—
Each briefing under subsection (a) shall include each of the following:
(1) A global update on activity within each geographic combatant command and how such activity supports the respective theater campaign plan.
(2) An overview of authorities and legal issues, including limitations.
(3) An overview of interagency activities and initiatives.
(4) Any other matters the Secretary considers appropriate.
(Added Pub. L. 113–66, div. A, title X, § 1042(a)(1), Dec. 26, 2013, 127 Stat. 857.)
heading: Prior Provisions
text: A prior section 485, added Pub. L. 105–261, div. A, title IX, § 923(b)(1), Oct. 17, 1998, 112 Stat. 2105; amended Pub. L. 106–65, div. A, title IX, § 931, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 726, 774; Pub. L. 107–107, div. A, title IX, § 922, Dec. 28, 2001, 115 Stat. 1198; Pub. L. 110–417, [div. A], title II, § 241(a), Oct. 14, 2008, 122 Stat. 4395, related to biennial reports on joint and service concept development and experimentation, prior to repeal by Pub. L. 112–81, div. A, title X, § 1061(7)(A), Dec. 31, 2011, 125 Stat. 1583.
10 U.S.C. § 488 (ARMED FORCES)
§ 488. Management of electromagnetic spectrum
(a) Requirement for Strategic Plan.—
Every three years 1 the Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Commerce, 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 national security of the United States. Each such strategic plan shall include each of the following:
(1) An inventory of the uses of the electromagnetic spectrum for national security purposes and other purposes.
(2) An estimate of the need for electromagnetic spectrum for national security and other purposes over each of the periods specified in subsection (b).
(3) Any other matters that the Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Commerce, considers appropriate for the strategic plan.
(b) Periods Covered by Strategic Plan.—
Each strategic plan prepared under subsection (a) shall cover each of the following periods (counting from the date of the issuance of the plan):
(1) Zero to five years.
(2) Five to ten years.
(3) Ten to thirty years.
(c) Submission of Plan to Congress.—
(1) 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.
(2) Each strategic plan submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(Added Pub. L. 108–136, div. A, title X, § 1054(a), Nov. 24, 2003, 117 Stat. 1615; amended Pub. L. 113–66, div. A, title X, § 1072(a), (b)(1), Dec. 26, 2013, 127 Stat. 868, 869.)
heading: Amendments
text: 2013—Pub. L. 113–66, § 1072(b)(1), struck out “: biennial strategic plan” after “spectrum” in section catchline.
Subsec. (a). Pub. L. 113–66, § 1072(a)(1), substituted “three years” for “other year, and in time for submission to Congress under subsection (b),”, inserted “, in consultation with the Director of National Intelligence and the Secretary of Commerce,” after “Secretary of Defense”, substituted “the national security of the United States. Each such strategic plan shall include each of the following:” for “the mission of the Department of Defense.”, and added pars. (1) to (3).
Subsec. (b). Pub. L. 113–66, § 1072(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 113–66, § 1072(a)(3), designated existing provisions as par. (1) and added par. (2).
Pub. L. 113–66, § 1072(a)(2), redesignated subsec. (b) as (c).
10 U.S.C. § 493 (ARMED FORCES)
§ 493. Reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States
Whenever after December 31, 2011, the President proposes a modification of the force structure for the strategic nuclear weapons delivery systems of the United States, the President shall submit to Congress a report on the modification. The report shall include a description of the manner in which such modification will maintain for the United States a range of strategic nuclear weapons delivery systems appropriate for the current and anticipated threats faced by the United States when compared with the current force structure of strategic nuclear weapons delivery systems.
(Added and amended Pub. L. 112–239, div. A, title X, § 1031(b)(3)(B), (C)(ii), Jan. 2, 2013, 126 Stat. 1918, 1919; Pub. L. 113–66, div. A, title X, § 1091(b)(5), Dec. 26, 2013, 127 Stat. 876.)
heading: Codification
text: The text of this section is based on Pub. L. 112–81, div. A, title X, § 1077, Dec. 31, 2011, 125 Stat. 1596. Section 1077 of Pub. L. 112–81, formerly classified to section 2514 of Title 50, War and National Defense, was transferred to this section by Pub. L. 112–239, § 1031(b)(3)(B)(i)–(iii).
heading: Amendments
text: 2013—Pub. L. 112–239, § 1031(b)(3)(C)(ii), made technical amendments to conform section enumerator and catchline to the style of this title. See Codification note above.
Pub. L. 112–239, § 1031(b)(3)(B)(iv), as amended by Pub. L. 113–66, § 1091(b)(5), substituted “December 31, 2011,” for “the date of the enactment of this Act”.
heading: Effective Date of 2013 Amendment
text: Pub. L. 113–66, div. A, title X, § 1091(b), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment made by section 1091(b)(5) is effective as of Jan. 2, 2013, and as if included in Pub. L. 112–239 as enacted.
10 U.S.C. § 497a (ARMED FORCES)
§ 497a. Notification required for reduction or consolidation of dual-capable aircraft based in Europe
(a) Notification.—
Not less than 90 days before the date on which the Secretary of Defense reduces or consolidates the dual-capable aircraft of the United States that are based in Europe, the Secretary shall submit to the congressional defense committees a notification of such planned reduction or consolidation, including the following:
(1) The reasons for such planned reduction or consolidation.
(2) Any effects of such planned reduction or consolidation on the extended deterrence mission of the United States.
(3) The manner in which the military requirements of the North Atlantic Treaty Organization (NATO) will continue to be met in light of such planned reduction or consolidation.
(4) A statement by the Secretary on the response of NATO to such planned reduction or consolidation.
(5) Whether there is any change in the force posture of the Russian Federation as a result of such planned reduction or consolidation, including with respect to the nonstrategic nuclear weapons of Russia that are within range of the member states of NATO.
(b) Dual-capable Aircraft Defined.—
In this section, the term “dual-capable aircraft” means aircraft that can perform both conventional and nuclear missions.
(Added Pub. L. 113–66, div. A, title X, § 1051(b)(1), Dec. 26, 2013, 127 Stat. 858.)
10 U.S.C. § 498 (ARMED FORCES)
§ 498. Unilateral change in nuclear weapons stockpile of the United States
(a) In General.—
Other than pursuant to a treaty, if the President has under consideration to unilaterally change the size of the total stockpile of nuclear weapons of the United States by more than 25 percent, prior to doing so the President shall initiate a Nuclear Posture Review.
(b) Terms of Reference.—
Prior to the initiation of a Nuclear Posture Review under this section, the President shall determine the terms of reference for the Nuclear Posture Review, which the President shall provide to the congressional defense committees.
(c) Nuclear Posture Review.—
Upon completion of a Nuclear Posture Review under this section, the President shall submit the Nuclear Posture Review to the congressional defense committees prior to implementing any change in the nuclear weapons stockpile by more than 25 percent.
(d) Construction.—
This section shall not apply to changes to the nuclear weapons stockpile resulting from treaty obligations.
(e) Form.—
A Nuclear Posture Review under this section shall be submitted in unclassified form, but may include a classified annex.
(Added Pub. L. 112–239, div. A, title X, § 1038(a), Jan. 2, 2013, 126 Stat. 1927; amended Pub. L. 113–66, div. A, title X, § 1091(a)(6), Dec. 26, 2013, 127 Stat. 875.)
heading: Amendments
text: 2013—Pub. L. 113–66 inserted a period after the enumerator in section catchline.
10 U.S.C. § 504 (ARMED FORCES)
§ 504. Persons not qualified
(a) Insanity, Desertion, Felons, Etc.—
No person who is insane, intoxicated, or a deserter from an armed force, or who has been convicted of a felony, may be enlisted in any armed force. However, the Secretary concerned may authorize exceptions, in meritorious cases, for the enlistment of deserters and persons convicted of felonies.
(b) Citizenship or Residency.—
(1) A person may be enlisted in any armed force only if the person is one of the following:
(A) A national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(B) An alien who is lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
(C) A person described in section 341 of one of the following compacts:
(i) The Compact of Free Association between the Federated States of Micronesia and the United States (section 201(a) of Public Law 108–188 (117 Stat. 2784; 48 U.S.C. 1921 note)).
(ii) The Compact of Free Association between the Republic of the Marshall Islands and the United States (section 201(b) of Public Law 108–188 (117 Stat. 2823; 48 U.S.C. 1921 note)).
(iii) The Compact of Free Association between Palau and the United States (section 201 of Public Law 99–658 (100 Stat. 3678; 48 U.S.C. 1931 note)).
(2) Notwithstanding paragraph (1), the Secretary concerned may authorize the enlistment of a person not described in paragraph (1) if the Secretary determines that such enlistment is vital to the national interest.
(Added Pub. L. 90–235, § 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754; amended Pub. L. 109–163, div. A, title V, § 542(a), Jan. 6, 2006, 119 Stat. 3253.)
heading: Amendments
text: 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Prohibition on Waiver for Commissioning or Enlistment in the Armed Forces for any Individual Convicted of a Felony Sexual Offense
text: Pub. L. 112–239, div. A, title V, § 523, Jan. 2, 2013, 126 Stat. 1723, which provided that an individual may not be provided a waiver for commissioning or enlistment in the Armed Forces if convicted of rape or other sexual offenses, was repealed by Pub. L. 113–66, div. A, title XVII, § 1711(b), Dec. 26, 2013, 127 Stat. 963. See section 657 of this title.
10 U.S.C. § 657 (ARMED FORCES)
§ 657. Prohibition on service in the armed forces by individuals convicted of certain sexual offenses
(a) Prohibition on Commissioning or Enlistment.—
A person who has been convicted of an offense specified in subsection (b) under Federal or State law may not be processed for commissioning or permitted to enlist in the armed forces.
(b) Covered Offenses.—
An offense specified in this subsection is any felony offense as follows:
(1) Rape or sexual assault.
(2) Forcible sodomy.
(3) Incest.
(4) An attempt to commit an offense specified in paragraph (1) through (3), as punishable under applicable Federal or State law.
(Added Pub. L. 113–66, div. A, title XVII, § 1711(a)(1), Dec. 26, 2013, 127 Stat. 962.)