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10 U.S.C. § 222 (ARMED FORCES)
§ 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 major force programs.
(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.
(Added Pub. L. 102–484, div. A, title X, § 1002(a)(2), Oct. 23, 1992, 106 Stat. 2480; amended Pub. L. 103–337, div. A, title X, § 1004, Oct. 5, 1994, 108 Stat. 2834; Pub. L. 110–181, div. A, title IX, § 944(a), (b), Jan. 28, 2008, 122 Stat. 289, 290; Pub. L. 115–91, div. A, title X, § 1081(a)(16), Dec. 12, 2017, 131 Stat. 1595.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 101–510, div. A, title XIV, § 1404, Nov. 5, 1990, 104 Stat. 1675, which was set out as a note under section 114a [now 221] of this title, prior to repeal by Pub. L. 102–484, § 1002(b).
heading: Amendments
text: 2017—Subsec. (b). Pub. L. 115–91 substituted “major force programs.” for “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.”.
2008—Subsec. (a). Pub. L. 110–181, § 944(a), amended last sentence generally. Prior to amendment, last sentence read as follows: “That budget shall be submitted for any fiscal year not later than 60 days after the date on which the President’s budget for that fiscal year is submitted to Congress pursuant to section 1105 of title 31.”
Subsec. (b). Pub. L. 110–181, § 944(b), substituted “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.” for “on the basis of major roles, missions, or forces of the Department of Defense.”
1994—Subsec. (a). Pub. L. 103–337 substituted “not later than 60 days after the date on which” for “at the same time that”.
heading: Effective Date of 2008 Amendment
text: Pub. L. 110–181, div. A, title IX, § 944(c), Jan. 28, 2008, 122 Stat. 290, provided that: “The amendments made by this section [amending this section] shall apply with respect to the future-years mission budget for fiscal year 2010 and each fiscal year thereafter.”
10 U.S.C. § 239a (ARMED FORCES)
§ 239a. Missile defense and defeat programs: major force program and budget assessment
(a) Establishment of Major Force Program.—
The Secretary of Defense shall establish a unified major force program for missile defense and defeat programs pursuant to section 222(b) of this title to prioritize missile defense and defeat programs in accordance with the requirements of the Department of Defense and national security.
(b) Budget Assessment.—
(1) The Secretary shall include with the defense budget materials for each of fiscal years 2019 through 2023 a report on the budget for missile defense and defeat programs of the Department of Defense.
(2) Each report on the budget for missile defense and defeat programs of the Department under paragraph (1) shall include the following:
(A) An overview of the budget, including—
(i) a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title (such comparison shall exclude the responsibility for research and development of the continuing improvement of such missile defense and defeat program), and the amounts appropriated for such missile defense and defeat programs during the previous fiscal year; and
(ii) the specific identification, as a budgetary line item, for the funding under such programs.
(B) An assessment of the budget, including significant changes, priorities, challenges, and risks.
(C) Any additional matters the Secretary determines appropriate.
(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c) 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 “missile defense and defeat programs” means active and passive ballistic missile defense programs, cruise missile defense programs for the homeland, and missile defeat programs.
(Added Pub. L. 115–91, div. A, title XVI, § 1676(a)(1), Dec. 12, 2017, 131 Stat. 1771.)
10 U.S.C. § 251.1 (ARMED FORCES)
§ 251.1 Audit of Department of Defense financial statements
(a) Annual Audit Required.—
The Secretary of Defense shall ensure that a full audit is performed on the financial statements of the Department of Defense for each fiscal year as required by section 3521(e) of title 31.
(b) Annual Report on Audit.—
The Secretary shall submit to Congress the results of the audit performed in accordance with subsection (a) for a fiscal year by not later than March 31 of the following fiscal year.
(Added Pub. L. 115–91, div. A, title X, § 1002(b)(1), Dec. 12, 2017, 131 Stat. 1538.)
heading: Review and Recommendations on Efforts to Obtain Audit Opinion on Full Financial Statements
text: Pub. L. 115–91, div. A, title X, § 1006, Dec. 12, 2017, 131 Stat. 1544, provided that:
“(a) In General.—
The Secretary of Defense may establish within the Department of Defense a team of distinguished, private sector experts with experience conducting financial audits of large public or private sector organizations to review and make recommendations to improve the efforts of the Department to obtain an audit opinion on its full financial statements.
“(b) Scope of Activities.—
A team established pursuant to subsection (a) shall—
“(1) identify impediments to the progress of the Department in obtaining an audit opinion on its full financial statements, including an identification of the organizations or elements that are lagging in their efforts toward obtaining such audit opinion;
“(2) estimate when an audit opinion on the full financial statements of the Department will be obtained; and
“(3) consider mechanisms and incentives to support efficient achievement by the Department of its audit goals, including organizational mechanisms to transfer direction and management control of audit activities from subordinate organizations to the Office of the Secretary of Defense, individual personnel incentives, workforce improvements (including in senior leadership positions), business process, technology, and systems improvements (including the use of data analytics), and metrics by which the Secretary and Congress may measure and assess progress toward achievement of the audit goals of the Department.
“(c) Reports.—
“(1) Report on establishment of team.—
If the Secretary takes action pursuant to subsection (a), the Secretary shall, not later than September 30, 2019, submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the team established pursuant to that subsection, including a description of the actions taken and to be taken by the team pursuant to subsection (b).
“(2) Report on determination not to establish team.—
If as of June 1, 2019, the Secretary has determined not to establish a team authorized by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives on that date a report on the determination, including an explanation and justification for the determination.”
10 U.S.C. § 253.1 (ARMED FORCES)
§ 253.1 Audit: consolidated corrective action plan; centralized reporting system
The Under Secretary of Defense (Comptroller) shall—
(1) on a bimonthly basis, prepare a consolidated corrective action plan management summary on the status of key corrective actions plans related to critical capabilities for the armed forces and for the components of the Department of Defense that support the armed forces; and
(2) develop and maintain a centralized monitoring and reporting process that captures and maintains up-to-date information, including the standard data elements recommended in the implementation guide for Office of Management and Budget Circular A–123, for key corrective action plans and findings and recommendations Department-wide that pertain to critical capabilities.
(Added Pub. L. 115–91, div. A, title X, § 1002(d), Dec. 12, 2017, 131 Stat. 1540.)
10 U.S.C. § 254a (ARMED FORCES)
§ 254a. Audits: use of commercial data integration and analysis products in preparing audits
(a) Deployment of Data Analytics Capabilities.—
The Secretary of Defense shall use competitive procedures under chapter 137 of this title to procure or develop technologies or services, including those based on commercially available information technologies and services to improve data collection and analyses to support preparation of auditable financial statements for the Department of Defense.
(b) Use of Funding and Resources.—
The Secretary of Defense may use science and technology funding, prototypes, and test and evaluation resources as appropriate in support of deployment of technologies and services as described in subsection (a).
(Added and amended Pub. L. 115–91, div. A, title X, § 1002(f)(1), (2), Dec. 12, 2017, 131 Stat. 1541, 1542.)
heading: Codification
text: Text of section, as added by Pub. L. 115–91, is based on text of subsecs. (a) and (b) of section 1003 of Pub. L. 114–328, div. A, title X, Dec. 23, 2016, 130 Stat. 2380, which was formerly set out as a note under section 2222 of this title, prior to repeal by Pub. L. 115–91, div. A, title X, § 1002(f)(3), Dec. 12, 2017, 131 Stat. 1542.
heading: Amendments
text: 2017—Subsec. (a). Pub. L. 115–91, § 1002(f)(2)(A), substituted “of this title” for “of title 10, United States Code,” and struck out “, as soon as practicable,” after “develop”.
Subsec. (b). Pub. L. 115–91, § 1002(f)(2)(B), substituted “deployment of technologies and services as described in subsection (a)” for “this deployment”.
10 U.S.C. § 254b (ARMED FORCES)
§ 254b. Audits: selection of service providers for audit services
The Department of Defense shall select service providers for auditing services based on the best value to the Department, as determined by the resource sponsor for an auditing contract, rather than based on the lowest price technically acceptable service provider.
(Added and amended Pub. L. 115–91, div. A, title X, § 1002(g)(1), (2), Dec. 12, 2017, 131 Stat. 1542.)
heading: Codification
text: Text of section, as added by Pub. L. 115–91, is based on text of section 892 of Pub. L. 114–328, div. A, title VIII, Dec. 23, 2016, 130 Stat. 2324, which was formerly set out as a note under section 2331 of this title, prior to repeal by Pub. L. 115–91, div. A, title X, § 1002(g)(3), Dec. 12, 2017, 131 Stat. 1542.
heading: Amendments
text: 2017—Pub. L. 115–91, § 1002(g)(2), struck out “and audit readiness services” after “auditing services”.
heading: Notification Requirement for Certain Contracts for Audit Services
text: Pub. L. 115–91, div. A, title X, § 1007, Dec. 12, 2017, 131 Stat. 1545, provided that:
“(a) Notification to Congress.—
If the Under Secretary of Defense (Comptroller) makes a written finding that a delay in performance of a covered contract while a protest is pending would hinder the annual preparation of audited financial statements for the Department of Defense, and the head of the procuring activity responsible for the award of the covered contract does not authorize the award of the contract (pursuant to section 3553(c)(2) of title 31, United States Code) or the performance of the contract (pursuant to section 3553(d)(3)(C) of such title), the Secretary of Defense shall—
“(1) notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] within 10 days after such finding is made; and
“(2) describe any steps the Department of Defense plans to take to mitigate any hindrance identified in such finding to the annual preparation of audited financial statements for the Department.
“(b) Covered Contract Defined.—
In this section, the term ‘covered contract’ means a contract for services to perform an audit to comply with the requirements of section 3515 of title 31, United States Code.”
10 U.S.C. § 251.1 (ARMED FORCES)
§ 251.1 Federal aid for State governments
Whenever there is an insurrection 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 331; renumbered § 251, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
331
50:201.
R.S. 5297.
The words “armed forces” are substituted for the words “land or naval forces of the United States”. The word “governor” is substituted for the word “executive”. The word “may” is substituted for the words “it shall be lawful * * * to”. The words “into Federal service” are substituted for the word “forth” for uniformity and clarity.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 331 of this title as this section.
10 U.S.C. § 253.1 (ARMED FORCES)
§ 253.1 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 333; Pub. L. 109–364, div. A, title X, § 1076(a)(1), Oct. 17, 2006, 120 Stat. 2404; Pub. L. 110–181, div. A, title X, § 1068(a)(1), Jan. 28, 2008, 122 Stat. 325; renumbered § 253, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
333
50:203.
R.S. 5299.
The words “armed forces” are substituted for the words “land or naval forces of the United States”. The word “shall” is substituted for the words “it shall be lawful for * * * and it shall be his duty”.
heading: Derivation
text: Act Apr. 20, 1871, ch. 22, § 3, 17 Stat. 14.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 333 of this title as this section.
2008—Pub. L. 110–181 amended section generally, substituting provisions directing the President to suppress certain insurrections and domestic violence in a State for provisions authorizing the President to employ the armed forces during a natural disaster or terrorist attack or to suppress an insurrection in a State and requiring notice to Congress during the exercise of such authority.
2006—Pub. L. 109–364 amended section catchline and text generally, substituting provisions authorizing the President to employ the armed forces during a natural disaster or terrorist attack or to suppress an insurrection in a State and requiring notice to Congress during the exercise of such authority for provisions directing the President to suppress certain insurrections and domestic violence in a State.
heading: Effective Date of 2008 Amendment
text: Pub. L. 110–181, div. A, title X, § 1068(d), Jan. 28, 2008, 122 Stat. 326, provided that: “The amendments made by this section [amending this section and sections 334 and 12304 of this title and repealing section 2567 of this title] shall take effect on the date of the enactment of this Act [Jan. 28, 2008].”
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 reported to the congressional defense committees and the congressional intelligence committees (as defined in section 437(c) of this title) by not later than December 31 of each year.
(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; Pub. L. 115–91, div. A, title XVI, § 1623, Dec. 12, 2017, 131 Stat. 1732.)
heading: Amendments
text: 2017—Subsec. (b)(2). Pub. L. 115–91 struck out “promptly” before “reported” and inserted before period at end “by not later than December 31 of each year”.
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. § 484 (ARMED FORCES)
§ 484. Quarterly cyber operations briefings
(a) Briefings Required.—
The Secretary of Defense shall provide to the congressional defense committees quarterly briefings on all offensive and significant defensive military operations in cyberspace carried out by the Department of Defense during the immediately preceding quarter.
(b) Elements.—
Each briefing under subsection (a) shall include, with respect to the military operations in cyberspace described in such subsection, the following:
(1) An update, set forth separately for each geographic and functional command, that describes the operations carried out by the command and any hostile cyber activity directed at the command.
(2) An overview of authorities and legal issues applicable to the operations, including any relevant legal limitations.
(3) An outline of any interagency activities and initiatives relating to the operations.
(4) Any other matters the Secretary determines to be appropriate.
(Added Pub. L. 112–239, div. A, title IX, § 939(a), Jan. 2, 2013, 126 Stat. 1888; amended Pub. L. 115–91, div. A, title XVI, § 1632(a), Dec. 12, 2017, 131 Stat. 1738.)
heading: Prior Provisions
text: A prior section 484, added Pub. L. 105–85, div. A, title III, § 324(a)(1), Nov. 18, 1997, 111 Stat. 1677, which related to annual report on aircraft inventory, was repealed by Pub. L. 112–81, div. A, title X, § 1061(6)(A), Dec. 31, 2011, 125 Stat. 1583.
heading: Amendments
text: 2017—Pub. L. 115–91 designated existing provisions as subsec. (a), inserted heading, substituted “congressional defense committees” for “Committees on Armed Services of the House of Representatives and the Senate”, and added subsec. (b).
heading: Effective Date of 2017 Amendment
text: Pub. L. 115–91, div. A, title XVI, § 1632(b), Dec. 12, 2017, 131 Stat. 1738, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 12, 2017], and shall apply with respect to briefings required be provided under section 484 of title 10, United States Code, on or after that date.”
heading: Initial Briefing
text: Pub. L. 112–239, div. A, title IX, § 939(b), Jan. 2, 2013, 126 Stat. 1888, provided that: “The first briefing required under section 484 of title 10, United States Code, as added by subsection (a), shall be provided not later than March 1, 2013.”
10 U.S.C. § 499 (ARMED FORCES)
§ 499. Annual assessment of cyber resiliency of nuclear command and control system
(a) In General.—
Not less frequently than annually, the Commander of the United States Strategic Command and the Commander of the United States Cyber Command (in this section referred to collectively as the “Commanders”) shall jointly conduct an assessment of the cyber resiliency of the nuclear command and control system.
(b) Elements.—
In conducting the assessment required by subsection (a), the Commanders shall—
(1) conduct an assessment of the sufficiency and resiliency of the nuclear command and control system to operate through a cyber attack from the Russian Federation, the People’s Republic of China, or any other country or entity the Commanders identify as a potential threat; and
(2) develop recommendations for mitigating any concerns of the Commanders resulting from the assessment.
(c) Report Required.—
(1) The Commanders shall jointly submit to the Chairman of the Joint Chiefs of Staff, for submission to the Council on Oversight of the National Leadership Command, Control, and Communications System established under section 171a of this title, a report on the assessment required by subsection (a) that includes the following:
(A) The recommendations developed under subsection (b)(2).
(B) A statement of the degree of confidence of each of the Commanders in the mission assurance of the nuclear deterrent against a top tier cyber threat.
(C) A detailed description of the approach used to conduct the assessment required by subsection (a) and the technical basis of conclusions reached in conducting that assessment.
(D) Any other comments of the Commanders.
(2) The Council shall submit to the Secretary of Defense the report required by paragraph (1) and any comments of the Council on the report.
(3) The Secretary of Defense shall submit to the congressional defense committees the report required by paragraph (1), any comments of the Council on the report under paragraph (2), and any comments of the Secretary on the report.
(d) Quarterly Briefings.—
Not less than once every quarter, the Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff shall jointly provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on any known or suspected critical intelligence parameter breaches that were identified during the previous quarter, including an assessment of any known or suspected impacts of such breaches to the mission effectiveness of military capabilities as of the date of the briefing or thereafter.
(e) Termination.—
The requirements of this section shall terminate on December 31, 2027.
(Added Pub. L. 115–91, div. A, title XVI, § 1651(a), Dec. 12, 2017, 131 Stat. 1756.)