dreamproit/uscode huggingface dataset:
5 U.S.C. § 9204 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9204. Adverse action
(a) First Violation.—
If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall—
(1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and
(2) file such warning in the employee’s official personnel record file.
(b) Subsequent Violations.—
If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:
(1) For a second violation, suspension of the employee for a period of not more than 7 days.
(2) For a third violation, suspension of the employee for a period of more than 7 days.
(3) For a fourth violation—
(A) suspension of the employee for a period of more than 7 days; and
(B) a civil penalty against the employee in an amount that is not more than $250.
(4) For a fifth violation—
(A) suspension of the employee for a period of more than 7 days; and
(B) a civil penalty against the employee in an amount that is not more than $500.
(5) For any subsequent violation—
(A) suspension of the employee for a period of more than 7 days; and
(B) a civil penalty against the employee in an amount that is not more than $1,000.
(Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1606.)
5 U.S.C. § 9205 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9205. Procedures
(a) Appeals.—
The Director of the Office of Personnel Management shall by rule establish procedures providing for an appeal from any adverse action taken under section 9204 by not later than 30 days after the date of the action.
(b) Applicability of Other Laws.—
An adverse action taken under section 9204 (including a determination in an appeal from such an action under subsection (a) of this section) shall not be subject to—
(1) the procedures under chapter 75; or
(2) except as provided in subsection (a) of this section, appeal or judicial review.
(Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1607.)
5 U.S.C. § 9206 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9206. Rules of construction
Nothing in this chapter may be construed to—
(1) authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs (B) and (C) of section 9201(4); or
(2) create a private right of action for any person.
(Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1607.)
10 U.S.C. § 118 (ARMED FORCES)
§ 118. Annual report on major weapons systems sustainment
Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report on major weapons systems sustainment for the period covered by the future years defense program specified by section 221 of this title. Such report shall include—
(1) an assessment of the materiel availability, materiel reliability, and mean down time metrics for each major weapons system;
(2) a detailed explanation of any factors that could preclude the Department of Defense or any of the military departments from meeting applicable readiness goals or objectives; and
(3) an assessment of the validity and effectiveness of the definitions used to determine defense readiness, including the terms “major weapons system”, “covered asset”, “total and required inventory”, “materiel and operational availability”, “materiel and operational capability”, 1 “materiel and operational reliability”.
(Added Pub. L. 116–92, div. A, title III, § 351(a)(1), Dec. 20, 2019, 133 Stat. 1319.)
heading: Prior Provisions
text: A prior section 118, added Pub. L. 106–65, div. A, title IX, § 901(a)(1), Oct. 5, 1999, 113 Stat. 715; amended Pub. L. 107–107, div. A, title IX, § 921(a), Dec. 28, 2001, 115 Stat. 1198; Pub. L. 107–314, div. A, title IX, §§ 922, 923, Dec. 2, 2002, 116 Stat. 2623; Pub. L. 109–364, div. A, title X, § 1031(c)–(f), Oct. 17, 2006, 120 Stat. 2385, 2386; Pub. L. 110–181, div. A, title IX, §§ 941(b), 951(a), Jan. 28, 2008, 122 Stat. 287, 290; Pub. L. 111–84, div. A, title X, §§ 1002, 1073(a)(2), div. B, title XXVIII, § 2822(b), Oct. 28, 2009, 123 Stat. 2439, 2472, 2666; Pub. L. 111–383, div. A, title X, § 1071, Jan. 7, 2011, 124 Stat. 4364; Pub. L. 112–81, div. A, title VIII, § 820(a), title IX, § 942, Dec. 31, 2011, 125 Stat. 1501, 1548; Pub. L. 113–291, div. A, title X, §§ 1071(c)(2), (f)(1), 1072(a)(1), Dec. 19, 2014, 128 Stat. 3508, 3510, 3512, related to quadrennial defense strategy review by Secretary of Defense, prior to repeal by Pub. L. 114–328, div. A, title IX, § 941(b)(1), Dec. 23, 2016, 130 Stat. 2367.
Another prior section 118, added Pub. L. 97–295, § 1(2)(A), Oct. 12, 1982, 96 Stat. 1288, § 133b; renumbered § 118, Pub. L. 99–433, title I, § 101(a)(2), Oct. 1, 1986, 100 Stat. 994, required reports to Congress on sales or transfers of defense articles, prior to repeal by Pub. L. 101–510, div. A, title XIII, § 1301(2), Nov. 5, 1990, 104 Stat. 1668.
10 U.S.C. § 120 (ARMED FORCES)
§ 120. Department of Defense executive aircraft controlled by Secretaries of military departments
(a) In General.—
The Secretary of Defense shall ensure that the Chief of the Air Force Special Air Mission Office is given the responsibility for coordination of scheduling all Department of Defense executive aircraft controlled by the Secretaries of the military departments in order to support required use travelers.
(b) Responsibilities.—
(1) Not later than 180 days after the date of the enactment of this section, the Secretary of each of the military departments shall execute a memorandum of understanding with the Air Force Special Air Mission Office regarding oversight and management of executive aircraft controlled by that military department.
(2) The Secretary of Defense shall be responsible for prioritizing travel when requests exceed available executive airlift capability.
(3) The Secretary of a military department shall maintain overall authority for scheduling the required use travelers of that military department on executive aircraft controlled by the Secretary. When an executive aircraft controlled by the Secretary of a military department is not supporting required use travelers of that military department, the Secretary of the military department shall make such executive aircraft available for scheduling of other required use travelers.
(c) Limitations.—
(1) The Secretary of Defense may not establish a new command and control organization to support aircraft.
(2) No executive aircraft controlled by the Secretary of a military department may be permanently stationed at any location without a required use traveler without the approval of the Secretary of Defense.
(d) Definitions.—
In this section:
(1) The term “required use traveler” has the meaning given such term in Department of Defense directive 4500.56, as in effect on the date of the enactment of this section.
(2) The term “executive aircraft” has the meaning given such term in Department of Defense directive 4500.43, as in effect on the date of the enactment of this section.
(Added Pub. L. 116–92, div. A, title X, § 1051(a), Dec. 20, 2019, 133 Stat. 1590.)
heading: References in Text
text: The date of the enactment of this section, referred to in subsecs. (b) and (d), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.
10 U.S.C. § 169 (ARMED FORCES)
[§ 169. Repealed. Pub. L. 116–92, div. A, title XVI, § 1601(a), Dec. 20, 2019, 133 Stat. 1722]
text: Section, added Pub. L. 115–232, div. A, title XVI, § 1601(a)(1), Aug. 13, 2018, 132 Stat. 2101, related to United States Space Command for carrying out joint space warfighting operations. See chapter 908 of this title.
10 U.S.C. § 190 (ARMED FORCES)
[§ 190. Repealed. Pub. L. 116–92, div. A, title VIII, § 810(a), Dec. 20, 2019, 133 Stat. 1487]
text: Section, added Pub. L. 114–328, div. A, title VIII, § 820(b)(1), Dec. 23, 2016, 130 Stat. 2274; amended Pub. L. 115–91, div. A, title VIII, § 804, Dec. 12, 2017, 131 Stat. 1456, related to Defense Cost Accounting Standards Board.
10 U.S.C. § 222c (ARMED FORCES)
§ 222c. Armed forces: Out-Year Unconstrained Total Munitions Requirements; Out-Year inventory numbers
(a) Annual Reports.—
At the same time each year that the budget for the fiscal year beginning in such year is submitted to Congress pursuant to section 1105(a) of title 31, the chief of staff of each armed force (other than the Coast Guard) shall submit to the congressional defense committees a report setting forth for such armed force each of the following for such fiscal year, broken out as specified in subsection (c):
(1) The Out-Year Unconstrained Total Munitions Requirement.
(2) The Out-Year inventory numbers.
(b) Prohibition on Delegation of Submittal Responsibility.—
The responsibility of the chief of staff of an armed force in subsection (a) to submit a report may not be delegated outside the armed force concerned.
(c) Presentation.—
The Out-Year Unconstrained Total Munitions Requirement and Out-Year inventory numbers for an armed force for a fiscal year pursuant to subsection (a) shall include specific inventory objective requirements for each variant of munitions with respect to each of the following:
(1) Combat Requirement, broken out by operation plan (OPLAN).
(2) Current Operation/Forward Presence Requirement.
(3) Strategic Readiness Requirement.
(4) Homeland Defense.
(5) Training and Testing Requirement.
(6) Total Out-Year Unconstrained Total Munitions Requirement, calculated in accordance with the implementation guidance described in subsection (d).
(7) Out-year worldwide inventory.
(d) Implementation Guidance Used.—
In submitting information pursuant to subsection (a) for a fiscal year, the chief of staff of each armed force shall describe and explain the munitions requirements process implementation guidance developed by the Under Secretary of Defense for Acquisition and Sustainment and used by such armed force for the munitions requirements process for such armed force for that fiscal year.
(e) Definitions.—
In this section:
(1) The term “chief of staff”, with respect to the Marine Corps, means the Commandant of the Marine Corps.
(2) The term “Out-Year Unconstrained Total Munitions Requirement” has the meaning given that term in and for purposes of Department of Defense Instruction 3000.04, or any successor instruction.
(Added Pub. L. 115–232, div. A, title X, § 1061(a), Aug. 13, 2018, 132 Stat. 1969; amended Pub. L. 116–92, div. A, title X, § 1006, Dec. 20, 2019, 133 Stat. 1574.)
heading: Amendments
text: 2019—Subsec. (a). Pub. L. 116–92, § 1006(1), substituted “subsection (c)” for “subsection (b)” in introductory provisions.
Subsecs. (b) to (e). Pub. L. 116–92, § 1006(2)–(4), added subsec. (b), redesignated former subsec. (b) as (c) and in par. (6) substituted “subsection (d)” for “subsection (c)”, and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
10 U.S.C. § 226 (ARMED FORCES)
§ 226. Special operations forces: display of service-common and other support and enabling capabilities
(a) In General.—
The Secretary shall include, in the budget materials submitted to Congress under section 1105 of title 31 for fiscal year 2021 and any subsequent fiscal year, a consolidated budget justification display showing service-common and other support and enabling capabilities for special operations forces requested by a military service or Defense Agency. Such budget justification display shall include any amount for service-common or other capability development and acquisition, training, operations, pay, base operations sustainment, and other common services and support.
(b) Service-common and Other Support and Enabling Capabilities.—
In this section, the term “service-common and other support and enabling capabilities” means capabilities provided in support of special operations that are not reflected in Major Force Program–11 or designated as special operations forces-peculiar.
(Added Pub. L. 116–92, div. A, title X, § 1007(a), Dec. 20, 2019, 133 Stat. 1575.)
heading: Prior Provisions
text: A prior section 226, added Pub. L. 102–190, div. A, title X, § 1002(a)(1), Dec. 5, 1991, 105 Stat. 1455, § 221; renumbered § 226, Pub. L. 102–484, div. A, title X, § 1002(a)(1), Oct. 23, 1992, 106 Stat. 2480; amended Pub. L. 103–160, div. A, title XI, § 1104, Nov. 30, 1993, 107 Stat. 1749; Pub. L. 108–136, div. A, title X, § 1031(a)(5), Nov. 24, 2003, 117 Stat. 1596; Pub. L. 109–364, div. A, title X, § 1007, Oct. 17, 2006, 120 Stat. 2373, related to scoring of outlays by the Director of the Office of Management and Budget and the Director of the Congressional Budget Office, prior to repeal by Pub. L. 112–81, div. A, title X, § 1061(3)(A), Dec. 31, 2011, 125 Stat. 1583.
10 U.S.C. § 240g (ARMED FORCES)
§ 240g. Defense Business Audit Remediation Plan
(a) In General.—
The Secretary of Defense shall maintain a plan, to be known as the “Defense Business Systems Audit Remediation Plan”. Such plan shall include a current accounting of the defense business systems of the Department of Defense that will be introduced, replaced, updated, modified, or retired in connection with the audit of the full financial statements of the Department, including a comprehensive roadmap that displays—
(1) in-service, retirement, and other pertinent dates for affected defense business systems;
(2) current cost-to-complete estimates for each affected defense business system; and
(3) dependencies both between the various defense business systems and between the introduction, replacement, update, modification, and retirement of such systems.
(b) Report and Briefing Requirements.—
(1) Annual report.—
Not later than June 30, 2020, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees an updated report on the Defense Business Systems Audit Remediation Plan under subsection (a).
(2) Semiannual briefings.—
Not later than January 31 and June 30 each year, the Secretary shall provide to the congressional defense committees a briefing on the status of the Defense Business Systems Audit Remediation Plan. Such briefing shall include a description of any updates to the defense business systems roadmap referred to in subsection (a).
(c) Defense Business System.—
In this section, the term “defense business system” has the meaning given such term in section 2222(i)(1)(A) of this title.
(Added Pub. L. 116–92, div. A, title X, § 1002(a), Dec. 20, 2019, 133 Stat. 1570.)
10 U.S.C. § 240h (ARMED FORCES)
§ 240h. Annual report on auditable financial statements
(a) In General.—
Not later than January 30 of each year, the Secretary of Defense shall submit to the congressional defense committees a report that includes a ranking of all of the military departments and Defense Agencies in order of how advanced each such department and Agency is in achieving auditable financial statements, as required by law. In preparing the report, the Secretary shall seek to exclude information that is otherwise available in other reports to Congress.
(b) Bottom Quartile.—
Not later than June 30 of each year, the head of each of the military departments and Defense Agencies that were ranked in the bottom quartile of the report submitted under subsection (a) for that year shall submit to the congressional defense committees a report that includes the following information for that military department or Defense Agency:
(1) A description of the material weaknesses of the military department or Defense Agency.
(2) The underlying causes of such weaknesses.
(3) A plan for remediating such weaknesses.
(4) The total number of open audit notices of findings and recommendations (hereinafter referred to as “NFRs”) for the most recently concluded fiscal year and the preceding two fiscal years, where applicable.
(5) The number of repeat or reissued NFRs from the most recently concluded fiscal year.
(6) The number of NFRs that were previously forecasted to be closed during the most recently concluded fiscal year that remain open.
(7) The number of closed NFRs during the current fiscal year and prior fiscal years.
(8) The number of material weaknesses that were validated by external auditors as fully resolved or downgraded in the current fiscal year over prior fiscal years.
(9) A breakdown by fiscal years in which open NFRs are forecasted to be closed.
(10) Explanations for unfavorable trends in the information under paragraphs (1) through (9).
(Added Pub. L. 116–92, div. A, title X, § 1004(a)(1), Dec. 20, 2019, 133 Stat. 1572.)
10 U.S.C. § 381 (ARMED FORCES)
§ 381. Consolidated budget
(a) Consolidated Budget.—
The budget of the President for each fiscal year, as submitted to Congress by the President pursuant to section 1105 of title 31, shall set forth by budget function and as a separate item the amounts requested for the Department of Defense for such fiscal year for all security cooperation programs and activities of the Department of Defense, including the military departments, to be conducted in such fiscal year, including the specific country or region and the applicable authority, to the extent practicable.
(b) Quarterly Report on Use of Funds.—
Not later than 60 days after the end of each calendar quarter, the Secretary shall submit to the appropriate committees of Congress a report on the obligation and expenditure of funds for security cooperation programs and activities of the Department of Defense during such calendar quarter.
(Added Pub. L. 114–328, div. A, title XII, § 1249(a), Dec. 23, 2016, 130 Stat. 2526; amended Pub. L. 116–92, div. A, title XII, § 1204, Dec. 20, 2019, 133 Stat. 1622.)
heading: Prior Provisions
text: A prior section 381 was renumbered section 281 of this title.
heading: Amendments
text: 2019—Subsec. (b). Pub. L. 116–92 substituted “60 days” for “30 days”.
heading: Effective Date; Applicability
text: Pub. L. 114–328, div. A, title XII, § 1249(b), Dec. 23, 2016, 130 Stat. 2526, provided that:
“The amendment made by subsection (a) [enacting this section] shall take effect on the date of the enactment of this Act [Dec. 23, 2016], and shall apply as follows:
“(1) Subsection (a) of section 381 of title 10, United States Code, as added by subsection (a), shall apply to budgets submitted to Congress by the President pursuant to section 1105 of title 31, United States Code, for each fiscal year after fiscal year 2018.
“(2) Subsection (b) of such section 381, as so added, shall apply to calendar quarters beginning on or after the date of the enactment of this Act.”
10 U.S.C. § 430 (ARMED FORCES)
§ 430. Tactical Exploitation of National Capabilities Executive Agent
(a) Designation.—
The Under Secretary of Defense for Intelligence and Security shall designate a civilian employee of the Department or a member of the armed forces to serve as the Tactical Exploitation of National Capabilities Executive Agent.
(b) Duties.—
The Executive Agent designated under subsection (a) shall—
(1) report directly to the Under Secretary of Defense for Intelligence;1
(2) work with the combatant commands, military departments, and the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) to—
(A) develop methods to increase warfighter effectiveness through the exploitation of national capabilities; and
(B) promote cross-domain integration of such capabilities into military operations, training, intelligence, surveillance, and reconnaissance activities.
(Added Pub. L. 113–291, div. A, title XVI, § 1621(a), Dec. 19, 2014, 128 Stat. 3631; amended Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(A)(viii), Dec. 20, 2019, 133 Stat. 1733.)
heading: Amendments
text: 2019—Subsec. (a). Pub. L. 116–92 substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”.
heading: Change of Name
text: Under Secretary of Defense for Intelligence redesignated and references deemed to refer to Under Secretary of Defense for Intelligence and Security, see section 1621(a) of Pub. L. 116–92, set out as a note under section 137 of this title.
10 U.S.C. § 481a (ARMED FORCES)
§ 481a. Workplace and gender relations issues: surveys of Department of Defense civilian employees
(a) In General.—
(1) The Secretary of Defense shall carry out every other fiscal year a survey of civilian employees of the Department of Defense to solicit information on gender issues, including issues relating to gender-based assault (including unwanted sexual contact), harassment, and discrimination, and the climate in the Department for forming professional relationships between male and female civilian employees of the Department.
(2) Each survey under this section shall be known as a “Department of Defense Civilian Employee Workplace and Gender Relations Survey”.
(b) Elements.—
Each survey conducted under this section 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 civilian employees of the Department of Defense.
(2) The specific types of assault (including unwanted sexual contact) on civilian employees of the Department by other personnel of the Department (including contractor personnel) that have occurred, and the number of times each respondent has been so assaulted during the preceding fiscal year.
(3) The effectiveness of Department policies designed to improve professional relationships between male and female civilian employees of the Department.
(4) The effectiveness of current processes for complaints on and investigations into gender-based assault (including unwanted sexual contact), harassment, and discrimination involving civilian employees of the Department.
(5) Any other issues relating to assault (including unwanted sexual contact), harassment, or discrimination involving civilian employees of the Department that the Secretary considers appropriate.
(c) Report 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.
(Added Pub. L. 113–291, div. A, title X, § 1073(a)(1), Dec. 19, 2014, 128 Stat. 3517; amended Pub. L. 116–92, div. A, title V, § 591(b), Dec. 20, 2019, 133 Stat. 1414.)
heading: Amendments
text: 2019—Subsecs. (a), (b). Pub. L. 116–92 inserted “(including unwanted sexual contact)” after “assault” wherever appearing.
heading: Effective Date of 2019 Amendment
text: Amendment by Pub. L. 116–92 effective Dec. 20, 2019, and applicable with respect to surveys under this section that are initiated after such date, see section 591(c) of Pub. L. 116–92, set out as a note under section 481 of this title.
heading: Termination of Reporting Requirements
text: For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
heading: Initial Survey
text: Pub. L. 113–291, div. A, title X, § 1073(a)(3), Dec. 19, 2014, 128 Stat. 3518, provided that: “The Secretary of Defense shall carry out the first survey required by section 481a of title 10, United States Code (as added by this subsection), during fiscal year 2016.”