10 U.S.C. § 111 (ARMED FORCES)
§ 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.
(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 517, § 131; renumbered § 111 and amended Pub. L. 99–433, title I, § 101(a)(2), (b), Oct. 1, 1986, 100 Stat. 994, 995.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
131
5:171(a) (less last 10 words), (b).
July 26, 1947, ch. 343, § 201(a) (less last 10 words), (b); restated Aug. 10, 1949, ch. 412, § 4 (1st (less last 10 words) and 2d pars.), 63 Stat. 579.
The words “There is established”, in 5 U.S.C. 171(a), are omitted as executed. 5 U.S.C. 171(b) (1st 26 words) is omitted as covered by the definitions of “department” and “military departments” in section 101(5) and (7), respectively, of this title. 5 U.S.C. 171(b) (27th through 49th words) is omitted as executed. 5 U.S.C. 171(b) (last 18 words) is omitted as surplusage.
heading: Amendments
text: 1986—Pub. L. 99–433 renumbered section 131 of this title as this section, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).
heading: Change of Name
text: Pub. L. 104–106, div. A, title IX, § 908, Feb. 10, 1996, 110 Stat. 406, provided that:
“(a) Redesignation.—
The agency in the Department of Defense known as the Advanced Research Projects Agency shall after the date of the enactment of this Act [Feb. 10, 1996] be designated as the Defense Advanced Research Projects Agency.
“(b) References.—
Any reference in any law, regulation, document, record, or other paper of the United States or in any provision of this Act to the Advanced Research Projects Agency shall be considered to be a reference to the Defense Advanced Research Projects Agency.”
heading: Short Title of 1986 Amendment
text: Pub. L. 99–433, § 1(a), Oct. 1, 1986, 100 Stat. 992, provided that: “This Act [see Tables for classification] may be cited as the ‘Goldwater-Nichols Department of Defense Reorganization Act of 1986’.”
heading: Transfer of Functions
text: For transfer of functions, personnel, assets, and liabilities of the Department of Defense, including the functions of the Secretary of Defense relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(2), 183(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Missions and functions of elements of Department of Defense as specified in classified annex to Pub. L. 104–201, and related personnel, assets, and balances of appropriations and authorizations of appropriations, transferred to National Imagery and Mapping Agency, see sections 1111 and 1113 of Pub. L. 104–201, set out as notes under section 441 of this title.
heading: Modernization of Process Used by the Department of Defense To Identify, Task, and Manage Congressional Reporting Requirements
text: Pub. L. 116–283, div. A, title IX, § 908, Jan. 1, 2021, 134 Stat. 3799, provided that:
“(a) Ongoing Analysis Required.—
The Assistant Secretary of Defense for Legislative Affairs shall conduct on an ongoing basis an analysis of the process used by the Department of Defense to identify reports to Congress required by annual national defense authorization Acts, assign responsibility for preparation of such reports, and manage the completion and delivery of such reports to Congress for the purpose of identifying mechanisms to optimize and otherwise modernize the process.
“(b) Consultation.—
The Assistant Secretary shall conduct the analysis required by subsection (a) with the assistance of and in consultation with the Chief Information Officer of the Department of Defense.
“(c) Elements.—
The analysis required by subsection (a) shall include the following:
“(1) A business process reengineering of the process described in subsection (a).
“(2) An assessment of applicable commercially available analytics tools, technologies, and services in connection with such business process reengineering.
“(3) Such other actions as the Assistant Secretary considers appropriate for purposes of the analysis.”
heading: Authority of President To Extend Military Leader Appointments
text: Pub. L. 116–136, div. B, title III, § 13007, Mar. 27, 2020, 134 Stat. 522, provided that:
“(a) The President may extend the appointment of the Chief of Army Reserve as prescribed in section 7038(c) of title 10, United States Code, for the incumbent in that position as of the date of the enactment of this Act [Mar. 27, 2020] until the date of the appointment of the successor to such incumbent, notwithstanding any limitation otherwise imposed on such term by such section 7038(c).
“(b) The President may extend the appointment of the Chief of Navy Reserve as prescribed in section 8083(c) of title 10, United States Code, for the incumbent in that position as of the date of the enactment of this Act until the date of the appointment of the successor to such incumbent, notwithstanding any limitation otherwise imposed on such term by such section 8083(c).
“(c) The President may extend the appointment of the Chief of Staff of the Air Force prescribed in section 9033(a)(1) of title 10, United States Code, for the incumbent in that position as of the date of the enactment of this Act until the date of the appointment of the successor to such incumbent, notwithstanding any limitation otherwise imposed on such term by such section 9033(a)(1).
“(d) The President may extend the appointment of the Chief of Space Operations, as prescribed in section 9082(a)(2) of title 10, United States Code, for the incumbent in that position as of the date of the enactment of this Act until the date of the appointment of the successor to such incumbent, notwithstanding any limitation otherwise imposed on such term by such section 9082(a)(2).
“(e) The President may extend the appointment of the Chief of the National Guard Bureau as prescribed in section 10502(b) of title 10, United States Code, for the incumbent in that position as of the date of the enactment of this Act until the date of the appointment of the successor to such incumbent, notwithstanding any limitation otherwise imposed on such term by such section 10502(b).
“(f) The President may extend the appointment of Director, Army National Guard and Director, Air National Guard as prescribed in section 10506(a)(3)(D) of title 10, United States Code, for the incumbent in such position as of the date of the enactment of this Act until the date of the appointment of the successor to such incumbent, notwithstanding any limitation otherwise imposed on such term by such section 10506(a)(3)(D).
“(g) Notwithstanding paragraph (4) of section 10505(a) of title 10, United States Code, the Secretary of Defense may waive the limitations in paragraphs (2) and (3) of that section for a period of not more than 270 days.
“(h)
(1) The President may delegate the exercise of the authorities in subsections (a) through (f) to the Secretary of Defense.
“(2) The Secretary of Defense may not redelegate the exercise of any authority delegated to the Secretary pursuant to paragraph (1), and may not delegate the exercise of the authority in subsection (g).”
heading: Termination of Reporting Requirements
text: Pub. L. 116–92, div. A, title XVII, § 1702(a), (b), Dec. 20, 2019, 133 Stat. 1796, provided that:
“(a) Termination.—
Effective on December 30, 2021, each report described in subsection (b) that is still required to be submitted to Congress as of such effective date shall no longer be required to be submitted to Congress.
“(b) Covered Reports.—
A report described in this subsection is any of the following:
“(1) The report required by section 1696(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) [132 Stat. 2171].
“(2) The report required by section 1071(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) [10 U.S.C. 2501 note].
“(3) The report required by section 1788a(d) of title 10, United States Code, as added by section 555 of such Act.
“(4) The report required under section 709(g) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note).
“(5) The report required by section 1292(a)(2) of such Act (22 U.S.C. 2751 note).
“(6) The quarterly report required by section 1236(c) of such Act [130 Stat. 2492].
“(7) The annual certification required by section 1666 of such Act (10 U.S.C. 2431 note) [section 1666 of Pub. L. 114–328 (130 Stat. 2617) is not classified to the Code].
“(8) The updates required under paragraph (3) of subsection (a) of section 1694 of such Act [130 Stat. 2637] to the report required under paragraph (1) of such subsection.
“(9) The notifications required by section 1695 of such Act [130 Stat. 2638].
“(10) The report required under section 522(g) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) [10 U.S.C. 503 note].”
heading: Requirement for Preparation of Certain Reports to Congress by Civilian Employees of the Federal Government and Members of the Armed Forces
text: Pub. L. 116–92, div. A, title XVII, § 1702(d), Dec. 20, 2019, 133 Stat. 1796, provided that:
“(1) Requirement.—
Except as expressly otherwise provided in the provision of law requiring such report, any report submitted to Congress pursuant to a provision of a national defense authorization Act that is enacted on or after the date that is three years after the date of the enactment of this Act [Dec. 20, 2019] shall be written by civilian employees of the Federal Government, members of the Armed Forces, or both, and not by contractor employees of the Federal Government.
“(2) Briefing.—
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the actions to be taken to ensure compliance with the requirement in paragraph (1), including on any impediments to compliance with the requirement.”
Pub. L. 115–91, div. A, title X, § 1051(x), Dec. 12, 2017, 131 Stat. 1567, provided that:
“Effective on December 31, 2021, the reports required under the following provisions of title 10, United States Code, shall no longer be required to be submitted to Congress:
“(1) Section 113(c)(1).
“(2) Section 113(e).
“(3) Section 116.
“(4) Section 2432.”
heading: Exemption to Report Termination Requirements
text: Pub. L. 115–91, div. A, title VIII, § 811(d)(2), Dec. 12, 2017, 131 Stat. 1460, provided that: “Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply to the report required to be submitted to Congress under section 2313a of title 10, United States Code.”
heading: Organizational Strategy for the Department of Defense
text: Pub. L. 115–232, div. A, title IX, § 918, Aug. 13, 2018, 132 Stat. 1925, provided that:
“(a) Cross-functional Team on Electronic Warfare.—
“(1) In general.—
Among the cross-functional teams established by the Secretary of Defense pursuant to subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 note) [set out below] in support of the organizational strategy for the Department of Defense required by subsection (a) of that section, the Secretary shall establish a cross-functional team on electronic warfare.
“(2) Establishment and activities.—
The cross-functional team established pursuant to paragraph (1) shall be established in accordance with subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017, and shall be governed in its activities in accordance with the provisions of such subsection (c).
“(3) Deadline for establishment.—
The cross-functional team required by paragraph (1) shall be established by not later than 90 days after the date of the enactment of this Act [Aug. 13, 2018].
“(b) Additional Cross-functional Teams Matters.—
“(1) Criteria for distinguishing among cross-functional teams.—
Not later than 60 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary shall issue criteria that distinguish cross-functional teams under section 911 of the National Defense Authorization Act for Fiscal Year 2017 from other types of cross-functional working groups, committees, integrated product teams, and task forces of the Department.
“(2) Primary responsibility for implementation of teams.—
The Deputy Secretary of Defense shall establish or designate an office within the Department that shall have primary responsibility for implementing section 911 of the National Defense Authorization Act for Fiscal Year 2017.”
Pub. L. 114–328, div. A, title IX, § 911, Dec. 23, 2016, 130 Stat. 2345, provided that:
“(a) Organizational Strategy Required.—
“(1) In general.—
Not later than September 1, 2017, the Secretary of Defense shall formulate and issue to the Department of Defense an organizational strategy for the Department that—
“(A) identifies the critical objectives and other organizational outputs for the Department that span multiple functional boundaries and would benefit from the use of cross-functional teams under this section to ensure collaboration and integration across organizations within the Department;
“(B) improves the manner in which the Department integrates the expertise and capacities of the functional components of the Department for effective and efficient achievement of such objectives and outputs;
“(C) improves the management of relationships and processes involving the Office of the Secretary of Defense, the Joint Staff, the combatant commands, the military departments, and the Defense Agencies with regard to such objectives and outputs;
“(D) improves the ability of the Department to work effectively in interagency processes with regard to such objectives and outputs in order to better serve the President; and
“(E) achieves an organizational structure that enhances performance with regard to such objectives and outputs.
“(2) Elements.—
The strategy shall provide for the following:
“(A) The appropriate use of cross-functional teams to manage critical objectives and outputs of the Department described in paragraph (1)(A).
“(B) The furtherance and advancement of a collaborative, team-oriented, results-driven, and innovative culture within the Department that fosters an open debate of ideas and alternative courses of action, and supports cross-functional teaming and integration.
“(b) Actions in Support of Strategy.—
“(1) Study.—
The Department of Defense shall conduct a study of the following in order to determine how best to implement effective cross-functional teams in the Department to achieve the strategic objectives of the Secretary of Defense:
“(A) Lessons learned, as reflected in academic literature, business and management school case studies, and the work of leading management consultant firms, on the successful and failed application of cross-functional teams in the private sector and government, and on the cultural factors necessary to support effective cross-functional teams.
“(B) The historical and current use by the Department of cross-functional working groups, integrated process teams, councils, and committees, and the reasons why such entities have or have not achieved high levels of teamwork or effectiveness.
“(2) Conduct of study.—
The study required by paragraph (1) shall be conducted by an independent organization with widely acknowledged expertise in modern organizational management and teaming selected by the Secretary for purposes of the study.
“(3) Schedule.—
The Secretary shall award any necessary contract for the study required by paragraph (1) pursuant to paragraph (2) by not later than March 15, 2017, and shall provide the results of the study to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] by not later than July 15, 2017.
“(c) Cross-functional Teams.—
In support of the strategy required by subsection (a):
“(1) In general.—
The Secretary of Defense shall establish cross-functional teams to address critical objectives and outputs for such teams as are determined to be appropriate in accordance with the organizational strategy issued under subsection (a), with initial teams established by not later than September 30, 2017.
“(2) Purposes.—
The purposes of cross-functional teams established pursuant to this subsection shall be, as determined appropriate by the Secretary—
“(A) to provide for effective collaboration and integration across organizational and functional boundaries in the Department of Defense;
“(B) to develop, at the direction of the Secretary, recommendations for comprehensive and fully integrated policies, strategies, plans, and resourcing decisions;
“(C) to make decisions on cross-functional issues, to the extent authorized by the Secretary and within parameters established by the Secretary; and
“(D) to provide oversight for and, as directed by the Secretary, supervise the implementation of approved policies, strategies, plans, and resourcing decisions approved by the Secretary.
“(3) Guidance on teams.—
Not later than September 30, 2017, the Secretary shall issue guidance—
“(A) addressing the role, authorities, reporting relationships, resourcing, manning, training, and operations of cross-functional teams established pursuant to this subsection;
“(B) delineating decision-making authority of such teams;
“(C) providing that the leaders of functional components of the Department that provide personnel to such teams respect and respond to team needs and activities; and
“(D) emphasizing that personnel selected for assignment to such teams shall faithfully represent the views and expertise of their functional components while contributing to the best of their ability to the success of the team concerned.
“(4) Participants.—
In establishing a cross-functional team pursuant to this subsection, the Secretary shall consider personnel from the Office of the Secretary of Defense, the Joint Staff, the military departments, and the Defense Agencies in all functional areas that the Secretary considers appropriate.
“(5) Team personnel.—
For each cross-functional team established by the Secretary pursuant to this subsection, the Secretary shall—
“(A) assign as leader of such team a senior qualified and experienced individual, who shall report directly to the Secretary regarding the activities of such team;
“(B) delegate to the team leader designated pursuant to subparagraph (A) authority to select members of such team from among civilian employees of the Department and members of the Armed Forces in any grade who are recommended for membership on such team by the head of a functional component of the Department within the Office of the Secretary of Defense, the Joint Staff, and the military departments, by the commander of a combatant command, or by the director of a Defense Agency;
“(C) provide the team leader with necessary full time support from team members, and the means to co-locate team members;
“(D) ensure that team members and all leaders in functional organizations that are in the supervisory chain for personnel serving on such team receive training in elements of successful cross-functional teams, including teamwork, collaboration, conflict resolution, and appropriately representing the views and expertise of their functional components; and
“(E) ensure that the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] are provided information on the progress and results of such team upon request.
“(6) Team strategies and decision-making authority.—
“(A) In general.—
The Secretary shall ensure that the objectives of each cross-functional team established pursuant to this subsection are clearly established in writing, through a memorandum, statement, charter, or similar document.
“(B) Metrics.—
To improve team performance and accountability, the Secretary shall task each team, as appropriate, to establish a strategy to achieve the objectives specified by the Secretary, metrics for evaluation of the achievement of such objectives by such team, and the alignment of individual and team goals for the achievement of such objectives by such team.
“(C) Delegation of authority.—
The Secretary may delegate to a team any decision-making authority that, and shall delegate such authority as, the Secretary considers appropriate to permit such team to achieve the objectives established by the Secretary.
“(7) Review of teams.—
Not later than 18 months after the date on which the first cross-functional team is established pursuant to this subsection, the Secretary shall complete an analysis, with support from external experts in organizational and management sciences, of the successes and failures of teams established pursuant to this subsection, and determine how to apply the lessons learned from that analysis.
“(8) Report on establishment.—
Not later than 18 months after the date of the enactment of this Act [Dec. 23, 2016], the Secretary shall submit to Congress a report on the establishment of cross-functional teams under this subsection, including descriptions from the leaders of teams established prior to the date on which this report is submitted of the manner in which the teams were designed and how they functioned.
“(d) Directive on Collaborative Culture and Behavior.—
The guidance issued by the Secretary of Defense pursuant to subsection (c)(3) shall also—
“(1) articulate the shared purposes, values, and principles for the operation of the Office of the Secretary of Defense that are required to promote a team-oriented, collaborative, results-driven culture within the Office to support the primary objectives of the Department of Defense;
“(2) ensure that collaboration across functional and organizational boundaries is an important factor in the performance review of leaders of cross-functional teams established pursuant to subsection (c), members of teams, and other appropriate leaders of the Department; and
“(3) identify key practices that senior leaders of the Department should follow with regard to leadership, organizational practice, collaboration, and the functioning of cross-functional teams, and the types of personnel behavior that senior leaders should encourage and discourage.
“(e) Streamlining of Organizational Structure and Processes of OSD.—
Not later than 18 months after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall take such actions as the Secretary considers appropriate to streamline the organizational structure and processes of the Office of the Secretary of Defense in order to increase spans of control, achieve a reduction in layers of management, eliminate unnecessary duplication between the Office and the Joint Staff, and reduce the time required to complete standard processes and activities.
“(f) Training for Individuals Nominated for Appointment for OSD Positions Confirmed by the Senate.—
“(1) In general.—
Within three months of the appointment of an individual to a position in the Office of the Secretary of Defense appointable by and with the advice and consent of the Senate, the individual shall complete a course of instruction in leadership, modern organizational practice, collaboration, and the operation of teams described in subsection (c).
“(2) Waiver.—
The President may waive the requirement in paragraph (1) with respect to an individual if the Secretary determines in writing that the individual possesses, through training and experience, the skill and knowledge otherwise to be provided through a course of instruction as described in that paragraph.
“(g) Comptroller General of the United States Assessments.—
“(1) Biannual report on assessments.—
Not later than six months after the date of the enactment of this Act [Dec. 23, 2016], and every six months thereafter through December 31, 2019, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a comprehensive assessment of the actions taken under this section during the six-month period ending on the date of such report and cumulatively since the date of the enactment of this Act.
“(2) Assessment team.—
The Comptroller General may establish within the Government Accountability Office a team of analysts to assist the Comptroller General in the performance assessments required by this subsection.”
heading: Temporary Continuation of Certain Department of Defense Reporting Requirements
text: Pub. L. 114–328, div. A, title X, § 1061, Dec. 23, 2016, 130 Stat. 2400, as amended by Pub. L. 115–91, div. A, title X, §§ 1051(u)–(w), 1081(d)(11), (12), Dec. 12, 2017, 131 Stat. 1566, 1567, 1600; Pub. L. 115–232, div. A, title III, § 314(b)(2), title VIII, § 813(i)(1), Aug. 13, 2018, 132 Stat. 1712, 1851, provided that:
“(a) Exceptions to Reports Termination Provision.—
Section 1080 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply to any report required to be submitted to Congress by the Department of Defense, or by any officer, official, component, or element of the Department, pursuant to a provision of law specified in this section, notwithstanding the enactment of the reporting requirement by an annual national defense authorization Act or the inclusion of the report in the list of reports prepared by the Secretary of Defense pursuant to subsection (c) of such section 1080.
“(b) Final Termination Date for Submittal of Exempted Reports.—
“(1) In general.—
Except as provided in paragraph (2), each report required pursuant to a provision of law specified in this section that is still required to be submitted to Congress as of December 31, 2021, shall no longer be required to be submitted to Congress after that date.
“(2) Reports exempted from termination.—
The termination dates specified in paragraph (1) and section 1080 of the National Defense Authorization Act for Fiscal Year 2016 do not apply to the following:
“(A) The submission of the reports on the National Military Strategy and Risk Assessment under section 153(b)(3) of title 10, United States Code.
“(B) The submission of the future-years defense program (including associated annexes) under section 221 of title 10, United States Code.
“(C) The submission of the future-years mission budget for the military programs of the Department of Defense under section 221 of such title.
“(D) The submission of audits of contracting compliance by the Inspector General of the Department of Defense under section 1601(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2533a note).
“(c) Reports Required by Title 10, United States Code.—
Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of title 10, United States Code:
“(1) Section 113(i).
“(2) [Former] Section 117(e).
“(3) [Section] 118a(d).
“(4) Section 119(a) and (b).
“(5) Section 127b(f).
“(6) Section 139(h).
“(7) [Former] Section 139b(d).
“(8) Sections [sic] 153(c).
“(9) Section 171a(e) and (g)(2).
“(10) Section 179(f).
“(11) Section 196(d)(1), (d)(4), and (e)(3).
“(12) Section 223a(a).
“(13) Section 225(c)[.]
“(14) Section 229.
“(15) Section 231.
“[(16) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(i)(1)(A), Aug. 13, 2018, 132 Stat. 1852.]
“(17) Section 238.
“(18) Section 341(f) of title 10, United States Code, as amended by section 1246 of this Act.
“(19) Section 401(d).
“(20) Section 407(d).
“(21) Section 481a(c).
“(22) Section 482(a).
“(23) Section 488(c).
“(24) Section 494(b).
“(25) Section 526(j).
“(26) Section 946(c) (Article 146 of the Uniform Code of Military Justice).
“(27) Section 981(c).
“(28) Section 1116(d).
“(29) Section 1566(c)(3).
“(30) Section 1557(e).
“(31) Section 1781a(e).
“(32) Section 1781c(h) [now 1781c(g)].
“(33) Section 2011(e) [now 322(e)].
“(34) Section 2166(i) [now 343(i)].
“(35) Section 2218(h).
“(36) Section 2228(e).
“(37) Section 2229(d).
“(38) Section 2229a.
“(39) Section 2249c(c) [now 345(c)].
“(40) Section 2275.
“[(41) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(i)(1)(A), Aug. 13, 2018, 132 Stat. 1852.]
“(42) Section 2367(d).
“(43) Section 2399(g).
“(44) Section 2445b.
“(45) Section 2464(d).
“(46) Section 2466(d).
“(47) Section 2504.
“(48) Section 2561(c).
“(49) Section 2684a(g).
“(50) Section 2687a.
“(51) Section 2711.
“(52) Sections [sic] 2884(b) and (c).
“(53) Section 2911(a) and (b)(3) [now 2911(c) and (d)(3)].
“(54) Section 2925.
“(55) Section 2926(e)(4).
“(56) Section 4361(d)(4)(B) [now 7461(d)(4)(B)].
“(57) Section 4721(e) [now 7271(e)].
“(58) Section 6980(d)(4)(B) [now 8480(d)(4)(B)].
“(59) Section 7310(c) [now 8680(c)].
“(60) Section 9361(d)(4)(B) [now 9461(d)(4)(B)].
“(61) Section 10216(c).
“(62) Section 10541.
“(63) Section 10543.
“(64) Section 10504(b).
“(65) Section 235.
“(66) Section 115a.
“(67) Section 2193b(g).
“(d) Reports Required by National Defense Authorization Act for Fiscal Year 2015.—
Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291):
“(1) Section 546(d) [now 546(e)] (10 U.S.C. 1561 note).
“(2) Section 1003[A] (10 U.S.C. 221 note).
“[(3) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(i)(1)(B), Aug. 13, 2018, 132 Stat. 1852.]
“(4) Section 1055 (128 Stat. 3498).
“(5) Section 1204(b) (10 U.S.C. 2249e note) [now 10 U.S.C. 362 note].
“(6) Section 1205(e) (128 Stat. 3537).
“(7) Section 1206(e) (10 U.S.C. 2282 note).
“(8) Section 1211 (128 Stat. 3544).
“(9) Section 1225 (128 Stat. 3550).
“(10) Section 1235 (128 Stat. 3558).
“(11) Section 1245 (128 Stat. 3566).
“(12) Section 1253(b) (22 U.S.C. 2151 note).
“(13) Section 1275(b) (128 Stat. 3591).
“(14) Section 1343 (128 Stat. 3605; 50 U.S.C. 3743).
“(15) Section 1650 (128 Stat. 3653).
“(16) Section 1662(c)(2) and (d)(2) (128 Stat. 3657; [former] 10 U.S.C. 2431 note).
“(17) Section 2821(a)(3) (10 U.S.C. 2687 note).
“(18) Section 1209(d) (128 Stat. 3542).
“(e) Reports Required by National Defense Authorization Act for Fiscal Year 2014.—
Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66):
“(1) Section 704(e) (10 U.S.C. 1074 note).
“(2) Sections [sic] 713(f), (g), and (h) ([former] 10 U.S.C. 1071 note).
“(3) Section 904(d)(2) (10 U.S.C. 111 note).
“(4) [Former] Section 1205(f)(3) ([Former] 32 U.S.C. 107 note).
“(f) Reports Required by National Defense Authorization Act for Fiscal Year 2013.—
Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239):
“[(1) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(i)(1)(C), Aug. 13, 2018, 132 Stat. 1852.]
“(2) Section 904(h)(1) and (2) (10 U.S.C. 133 note) [now 10 U.S.C. 133a note].
“(3) Section 1009 (126 Stat. 1906).
“(4) Section 1023 (126 Stat. 1911).
“(5) Section 1052(b)(4) (126 Stat. 1936; 49 U.S.C. 40101 note) [now 49 U.S.C. 44802 note].
“(g) Reports Required by National Defense Authorization Act for Fiscal Year 2011.—
Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383):
“(1) Section 123 (10 U.S.C. 167 note).
“(2) Section 1216(c) (124 Stat. 4392).
“[(3) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(i)(1)(D), Aug. 13, 2018, 132 Stat. 1852.]
“(4) Section 1631(d) (10 U.S.C. 1561 note).
“(h) Reports Required by National Defense Authorization Act for Fiscal Year 2010.—
Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84):
“(1) Section 711(d) (10 U.S.C. 1071 note).
“(2) Section 1003(b) (10 U.S.C. 2222 note).
“[(3) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(i)(1)(E), Aug. 13, 2018, 132 Stat. 1852.]
“(4) Section 1245 (123 Stat. 2542) [10 U.S.C. 113 note].
“(5) Section 1806 (10 U.S.C. 948a note).
“(i) Reports Required by Other Laws.—
Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following provisions of law:
“(1) Sections [sic] 1412(i) and (j) of the National Defense Authorization Act, 1986 [probably should be “Department of Defense Authorization Act, 1986”] (50 U.S.C. 1521), as amended by section 1421 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383).
“(2) Section 1703 of the National Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523).
“(3) Section 717(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1073 note).
“(4) Section 234 of the National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. 2367).
“(5) Section 1309(c) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 113 note).
“(6) Section 1237(b)(2) of the [Strom Thurmond] National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 note).
“(7) Section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note).
“(8) Section 232(h)(2) [probably should be “232(h)(3)”] of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; [former] 10 U.S.C. 2431 note).
“(9) Section 366(a)(5) and (c)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 113 note).
“(10) Section 1208(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086).
“(11) Section 1208(d) of the National Defense Authorization Act for [Fiscal Year] 2006 (Public Law 109–163; 119 Stat. 3459).
“(12) Section 1405(d) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 801 note).
“(13) Section 122(f)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104).
“(14) Section 721 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2294) [10 U.S.C. 1074 note].
“[(15) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(i)(1)(F), Aug. 13, 2018, 132 Stat. 1852.]
“(16) Section 1517(f) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2443).
“[(17) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(i)(1)(F), Aug. 13, 2018, 132 Stat. 1852.]
“(18) Section 1034(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 309) [10 U.S.C. 272 note].
“(19) Section 1107(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 358) [10 U.S.C. 2358 note].
“(20) Section 1233(f) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393).
“(21) Section 1234(e) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394).
“(22) Section 219(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note).
“(23) Section 533(i) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. prec. 701 note).
“[(24) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(i)(1)(F), Aug. 13, 2018, 132 Stat. 1852.]
“(25) Section 1201(b)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619).
“(26) Section 1236 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641).
“(27) Section 103A(b)(3) [probably should be “103a(b)(3)”] of the Sikes Act (16 U.S.C. 670c–1(b)(3)).
“(28) Section 1511(h) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(h)).
“(29) Section 901(f) [now 901(g)] of the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469; 32 U.S.C. 112 note), as added by section 1008 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239).
“(30) Section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5).
“(31) Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20308(b)), as added by section 586 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84).
“(32) Section 112(f) of title 32, United States Code.
“(33) Section 310b(i)(2) [probably should be “301b(i)(2)”] of title 37, United States Code.
“(34) Section 509(k) of title 32, United States Code.
“(35) Section 1022(c) of the National Defense Authorization Act for [Fiscal Year] 2004 (Public Law 108–136; 10 U.S.C. 371 note [probably should be “10 U.S.C. 271 note”]).
“(j) [Amended section 1080(a) of Pub. L. 114–92, set out below.]
“(k) Report to Congress.—
Not later than February 1, 2017, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes each of the following:
“(1) A list of all reports that are required to be submitted to Congress as of the date of the enactment of this Act [Dec. 23, 2016] that will no longer be required to be submitted to Congress as of November 25, 2017.
“(2) For each such report, a citation to the provision of law under which the report is or was required to be submitted.”
[Pub. L. 115–91, div. A, title X, § 1051(u)–(w), Dec. 12, 2017, 131 Stat. 1566, 1567, provided that the amendments made by section 1051(u)–(w) to section 1061 of Pub. L. 114–328, set out above, are effective as of Dec. 23, 2016, and as if included in section 1061 as enacted.]
heading: Reduction in Amounts Available for Department of Defense Headquarters, Administrative, and Support Activities
text: Pub. L. 114–92, div. A, title III, § 346(a), (b), (d), Nov. 25, 2015, 129 Stat. 796, as amended by Pub. L. 115–91, div. A, title IX, §§ 922, 923, Dec. 12, 2017, 131 Stat. 1525; Pub. L. 116–92, div. A, title IX, § 901(b), Dec. 20, 2019, 133 Stat. 1542, provided that:
“(a) Plan for Achievement of Cost Savings.—
“(1) In general.—
Commencing not later than 120 days after the date of the enactment of this Act [Nov. 25, 2015], the Secretary of Defense shall implement a plan to ensure that the Department of Defense achieves not less than $10,000,000,000 in cost savings from the headquarters, administrative, and support activities of the Department during the period beginning with fiscal year 2015 and ending with fiscal year 2019. The Secretary shall ensure that at least one half of the required cost savings are programmed for fiscal years before fiscal year 2018.
“(2) Treatment of savings pursuant to headquarters reduction.—
Documented savings achieved pursuant to the headquarters reduction requirement in subsection (b), other than savings achieved in fiscal year 2020, shall count toward the cost savings required by paragraph (1).
“(3) Treatment of savings pursuant to management activities.—
Documented savings in the human resources management, health care management, financial flow management, information technology infrastructure and management, supply chain and logistics, acquisition and procurement, and real property management activities of the Department during the period referred to in paragraph (1) may be counted toward the cost savings required by paragraph (1).
“(4) Treatment of savings pursuant to force structure revisions.—
Savings or reductions to military force structure or military operating units of the Armed Forces may not count toward the cost savings required by paragraph (1).
“(5) Reports.—
The Secretary shall include with the budget for the Department of Defense for each of fiscal years 2017, 2018, and 2019, as submitted to Congress pursuant to section 1105 of title 31, United States Code, a report describing and assessing the progress of the Department in implementing the plan required by paragraph (1) and in achieving the cost savings required by that paragraph.
“(6) Comptroller general assessments.—
Not later than 90 days after the submittal of each report required by paragraph (5), the Comptroller General of the United States shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report setting forth the assessment of the Comptroller General of the report and of the extent to which the Department of Defense is in compliance with the requirements of this section.
“(b) Headquarters Reductions.—
“(1) In general.—
Not later than 90 days after the date of the enactment of this Act [Nov. 25, 2015], the Secretary of Defense shall modify the headquarters reduction plan required by section 904 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 816; 10 U.S.C. 111 note) to ensure that it achieves savings in the total funding available for major Department of Defense headquarters activities by fiscal year 2020 that are not less than 25 percent of the baseline amount. The modified plan shall establish a specific savings objective for each major headquarters activity in each fiscal year through fiscal year 2020. The budget for the Department of Defense for each fiscal year after fiscal year 2016 shall reflect the savings required by the modified plan.
“(2) Baseline amount.—
For the purposes of this subsection, the baseline amount is the amount authorized to be appropriated by this Act [see Tables for classification] for fiscal year 2016 for major Department of Defense headquarters activities, adjusted by a credit for reductions in such headquarters activities that are documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in earlier fiscal years in accordance with the December 2013 directive of the Secretary of Defense on headquarters reductions. The modified plan issued pursuant to paragraph (1) shall include an overall baseline amount for all of the major Department of Defense headquarters activities that credits reductions accomplished in earlier fiscal years in accordance with the December 2013 directive, and a specific baseline amount for each such headquarters activity that credits such reductions.
“(3) Major department of defense headquarters activities defined.—
In this subsection, the term ‘major Department of Defense headquarters activities’ means the following:
“(A) Each of the following organizations:
“(i) The Office of the Secretary of Defense and the Joint Staff.
“(ii) The Office of the Secretary of the Army and the Army Staff.
“(iii) The Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, Marine Corps.
“(iv) The Office of the Secretary of the Air Force and the Air Staff.
“(v) The Office of the Chief, National Guard Bureau, and the National Guard Joint Staff.
“(B)
(i) Except as provided in clause (ii), headquarters elements of each of the following:
“(I) The combatant commands, the sub-unified commands, and subordinate commands that directly report to such commands.
“(II) The major commands of the military departments and the subordinate commands that directly report to such commands.
“(III) The component commands of the military departments.
“(IV) The Defense Agencies, the Department of Defense field activities, and the Office of the Inspector General of the Department of Defense.
“(V) Department of Defense components that report directly to the organizations specified in subparagraph (A).
“(ii) Subordinate commands and direct-reporting components otherwise described in clause (i) that do not have significant functions other than operational, operational intelligence, or tactical functions, or training for operational, operational intelligence, or tactical functions, are not headquarters elements for purposes of this subsection.
“(4) Implementation.—
Not later than 120 days after the date of the enactment of this Act [Nov. 25, 2015], the Secretary shall revise applicable guidance on the Department of Defense major headquarters activities as needed to—
“(A) incorporate into such guidance the definition of the term ‘major Department of Defense headquarters activities’ as provided in paragraph (3);
“(B) ensure that the term ‘headquarters element’, as used in paragraph (3)(B), is consistently applied within such guidance to include—
“(i) senior leadership and staff functions of applicable commands and components; and
“(ii) direct support to senior leadership and staff functions of applicable commands and components and to higher headquarters;
“(C) ensure that the budget and accounting systems of the Department of Defense are modified to track funding for the major Department of Defense headquarters activities as separate funding lines; and
“(D) identify and address any deviation from the specific savings objective established for a headquarters activity in the modified plan issued by the Secretary pursuant to the requirement in paragraph (1).
“(5) Manner of carrying out reductions.—
“(A) In general.—
The Secretary of Defense shall implement the headquarters reduction plan referred to in paragraph (1), as modified pursuant to that paragraph, so that reductions in major Department of Defense headquarters activities pursuant to the plan are carried out only after consideration of—
“(i) the current manpower levels of major Department of Defense headquarters activities;
“(ii) the historic manpower levels of major Department of Defense headquarters activities;
“(iii) the mission requirements of major Department of Defense headquarters activities; and
“(iv) the anticipated staffing needs of major Department of Defense headquarters activities necessary to meet national defense objectives.
“(B) Conforming modification of plan for achievement of cost savings.—
The Secretary of Defense shall modify the plan for achievement of cost savings required by subsection (a) to take into account the requirement specified in subparagraph (A).
“(6) Certifications on cost savings achieved.—
Not later than 120 days after the date of the enactment of this paragraph [Dec. 12, 2017], and not later than 60 days after the end of each of fiscal years 2018 through 2020, the Director of Cost Assessment and Program Evaluation shall certify to the Secretary of Defense, and to the congressional defense committees, the following:
“(A) The validity of the cost savings achieved for each major Department of Defense headquarters activity during the previous fiscal year, including the cost of personnel detailed by another Department entity to the headquarters activity.
“(B) Whether the cost savings achieved for each major Department of Defense headquarters activity during that fiscal year met the savings objective for the headquarters activity for that fiscal year, as established pursuant to paragraph (1).
“(d) Sunset.—
No action is required under this section with respect to any fiscal year after fiscal year 2019.”
heading: Termination of Requirement for Submittal to Congress of Reports Required of Department of Defense by Statute
text: Pub. L. 114–92, div. A, title X, § 1080, Nov. 25, 2015, 129 Stat. 1000, as amended by Pub. L. 114–328, div. A, title X, § 1061(j), Dec. 23, 2016, 130 Stat. 2405, provided that:
“(a) Termination.—
Effective November 25, 2017, each report described in subsection (b) that is still required to be submitted to Congress as of such date shall no longer be required to be submitted to Congress.
“(b) Covered Reports.—
A report described in this subsection is a report that is required to be submitted to Congress by the Department of Defense, or by any officer, official, component, or element of the Department, by any annual national defense authorization Act as of April 1, 2015.
“(c) Report to Congress.—
Not later than February 1, 2016, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes each of the following:
“(1) A list of all reports described in subsection (b).
“(2) For each such report, a citation to the provision of law under which the report is required to be submitted.
“(3) Draft legislation that would repeal each such report.”
heading: Streamlining of Department of Defense Management Headquarters
text: Pub. L. 113–66, div. A, title IX, § 904, Dec. 26, 2013, 127 Stat. 816, as amended by Pub. L. 113–291, div. A, title IX, § 905(e), Dec. 19, 2014, 128 Stat. 3472, provided that:
“(a) Plan Required.—
Not later than 180 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall develop a plan for streamlining Department of Defense management headquarters by changing or reducing the size of staffs, eliminating tiers of management, cutting functions that provide little or no added value, and consolidating overlapping and duplicative programs and offices.
“(b) Elements of Plan.—
The plan required by subsection (a) shall include the following for each covered organization:
“(1) A description of the planned changes or reductions in staffing and services provided by military personnel, civilian personnel, and contractor personnel.
“(2) A description of the planned changes or reductions in management, functions, and programs and offices.
“(3) The estimated cumulative savings to be achieved over a 10-fiscal-year period beginning with fiscal year 2015, and estimated savings to be achieved for each of fiscal years 2015 through 2024.
“(c) Covered Organization.—
In this section, the term ‘covered organization’ includes each of the following:
“(1) The Office of the Secretary of Defense.
“(2) The Joint Staff.
“(3) The Defense Agencies.
“(4) The Department of Defense field activities.
“(5) The headquarters of the combatant commands.
“(6) Headquarters, Department of the Army, including the Office of the Secretary of the Army, the Office of the Chief of Staff of the Army, and the Army Staff.
“(7) The major command headquarters of the Army.
“(8) The Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, United States Marine Corps.
“(9) The major command headquarters of the Navy and the Marine Corps.
“(10) Headquarters, Department of the Air Force, including the Office of the Secretary of the Air Force, the Office of the Air Force Chief of Staff, and the Air Staff.
“(11) The major command headquarters of the Air Force.
“(12) The National Guard Bureau.
“(d) Reports.—
“(1) Initial report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the plan required by subsection (a).
“(2) Status report.—
The Secretary shall include with the Department of Defense materials submitted to Congress with the budget of the President for each of fiscal years 2017 through 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a report describing the implementation of the plan required by subsection (a) during the preceding fiscal year and any modifications to the plan required due to changing circumstances. Each such report shall include the following:
“(A) A summary of savings achieved for each covered organization in the fiscal year covered by such report.
“(B) A description of the savings through changes, consolidations, or reductions in staffing and services provided by military personnel, civilian personnel, and contractor personnel in the fiscal year covered by such report.
“(C) A description of the savings through changes, consolidations, or reductions in management, functions, and programs and offices, or other associated cost drivers, including a discussion of how the changes, consolidations, or reductions were prioritized, in the fiscal year covered by such report.
“(D) In any case in which savings under the plan fall short of the objective of the plan for the fiscal year covered by such report, an explanation of the reasons for the shortfall.
“(E) A description of any modifications to the plan made during the fiscal year covered by such report, and an explanation of the reasons for such modifications, including the risks of, and capabilities gained or lost by implementing, such modifications.
“(F) A description of how the plan supports or affects current Department of Defense strategic guidance, policy, and mission requirements, including the quadrennial defense review, the Unified Command Plan, and the strategic choices and management review.
“(G) A description of the associated costs specifically addressed by the savings.”
[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 904(d)(2) of Pub. L. 113–66, set out above, see section 1061 of Pub. L. 114–328, set out as a note above.]
heading: Military Activities in Cyberspace
text: Pub. L. 112–81, div. A, title IX, § 954, Dec. 31, 2011, 125 Stat. 1551, provided that:
“Congress affirms that the Department of Defense has the capability, and upon direction by the President may conduct offensive operations in cyberspace to defend our Nation, Allies and interests, subject to—
“(1) the policy principles and legal regimes that the Department follows for kinetic capabilities, including the law of armed conflict; and
“(2) the War Powers Resolution (50 U.S.C. 1541 et seq.).”
heading: Interagency Policy Coordination
text: Pub. L. 110–181, div. A, title IX, § 952, Jan. 28, 2008, 122 Stat. 291, provided that:
“(a) Plan Required.—
Not later than 180 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense shall develop and submit to Congress a plan to improve and reform the Department of Defense’s participation in and contribution to the interagency coordination process on national security issues.
“(b) Elements.—
The elements of the plan shall include the following:
“(1) Assigning either the Under Secretary of Defense for Policy or another official to be the lead policy official for improving and reforming the interagency coordination process on national security issues for the Department of Defense, with an explanation of any decision to name an official other than the Under Secretary and the relative advantages and disadvantages of such decision.
“(2) Giving the official assigned under paragraph (1) the following responsibilities:
“(A) To be the lead person at the Department of Defense for the development of policy affecting the national security interagency process.
“(B) To serve, or designate a person to serve, as the representative of the Department of Defense in Federal Government forums established to address interagency policy, planning, or reforms.
“(C) To advocate, on behalf of the Secretary, for greater interagency coordination and contributions in the execution of the National Security Strategy and particularly specific operational objectives undertaken pursuant to that strategy.
“(D) To make recommendations to the Secretary of Defense on changes to existing Department of Defense regulations or laws to improve the interagency process.
“(E) To serve as the coordinator for all planning and training assistance that is—
“(i) designed to improve the interagency process or the capabilities of other agencies to work with the Department of Defense; and
“(ii) provided by the Department of Defense at the request of other agencies.
“(F) To serve as the lead official in Department of Defense for the development of deployable joint interagency task forces.
“(c) Factors To Be Considered.—
In drafting the plan, the Secretary of Defense shall also consider the following factors:
“(1) How the official assigned under subsection (b)(1) shall provide input to the Secretary of Defense on an ongoing basis on how to incorporate the need to coordinate with other agencies into the establishment and reform of combatant commands.
“(2) How such official shall develop and make recommendations to the Secretary of Defense on a regular or an ongoing basis on changes to military and civilian personnel to improve interagency coordination.
“(3) How such official shall work with the combatant command that has the mission for joint warfighting experimentation and other interested agencies to develop exercises to test and validate interagency planning and capabilities.
“(4) How such official shall lead, coordinate, or participate in after-action reviews of operations, tests, and exercises to capture lessons learned regarding the functioning of the interagency process and how those lessons learned will be disseminated.
“(5) The role of such official in ensuring that future defense planning guidance takes into account the capabilities and needs of other agencies.
“(d) Recommendation on Changes in Law.—
The Secretary of Defense may submit with the plan or with any future budget submissions recommendations for any changes to law that are required to enhance the ability of the official assigned under subsection (b)(1) in the Department of Defense to coordinate defense interagency efforts or to improve the ability of the Department of Defense to work with other agencies.
“(e) Annual Report.—
If an official is named by the Secretary of Defense under subsection (b)(1), the official shall annually submit to Congress a report, beginning in the fiscal year following the naming of the official, on those actions taken by the Department of Defense to enhance national security interagency coordination, the views of the Department of Defense on efforts and challenges in improving the ability of agencies to work together, and suggestions on changes needed to laws or regulations that would enhance the coordination of efforts of agencies.
“(f) Definition.—
In this section, the term ‘interagency coordination’, within the context of Department of Defense involvement, means the coordination that occurs between elements of the Department of Defense and engaged Federal Government agencies for the purpose of achieving an objective.
“(g) Construction.—
Nothing in this provision shall be construed as preventing the Secretary of Defense from naming an official with the responsibilities listed in subsection (b) before the submission of the report required under this section.”
heading: Commission on Review of Overseas Military Facility Structure of the United States
text: Pub. L. 108–132, § 128, Nov. 22, 2003, 117 Stat. 1382, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–324, div. A, § 127, Oct. 13, 2004, 118 Stat. 1229, established the Commission on the Review of the Overseas Military Facility Structure of the United States to conduct a thorough study of matters relating to the military facility structure of the United States overseas, directed the Commission to submit a report to the President and Congress not later than Aug. 15, 2005, and provided that the Commission would terminate 45 days after such date.
heading: Commission To Assess United States National Security Space Management and Organization
text: Pub. L. 106–65, div. A, title XVI, subtitle C, Oct. 5, 1999, 113 Stat. 813, as amended by Pub. L. 106–398, § 1 [[div. A], title X, § 1091], Oct. 30, 2000, 114 Stat. 1654, 1654A–300, established Commission To Assess United States National Security Space Management and Organization for purpose of assessing (1) manner in which military space assets may be exploited to provide support for United States military operations, (2) current interagency coordination process regarding operation of national security space assets, (3) relationship between intelligence and nonintelligence aspects of national security space, and potential costs and benefits of partial or complete merger of programs, projects, (4) manner in which military space issues are addressed by professional military education institutions, (5) potential costs and benefits of establishing changes to existing organizational structure of Department of Defense for national security space management and organization, and (6) advisability of certain actions relating to assignment of specified officers in United States Space Command; and further provided for report to Congress and Secretary of Defense on its findings and conclusions not later than six months after first meeting, submission to Congress by Secretary of Defense of assessment of Commission’s report not later than 90 days after submission of Commission’s report, and for termination of Commission 60 days after submission of its report to Congress.
heading: Commission on National Military Museum
text: Pub. L. 106–65, div. B, title XXIX, Oct. 5, 1999, 113 Stat. 881, as amended by Pub. L. 107–107, div. A, title X, § 1048(g)(9), Dec. 28, 2001, 115 Stat. 1228, established the Commission on the National Military Museum to conduct a study regarding construction of a national military museum in the National Capital Area, directed that appointments to the Commission be made not later than 90 days after Oct. 5, 1999, directed the Commission to convene its first meeting not later than 60 days after all appointments, directed the Commission to submit a report to Congress not later than 12 months after its first meeting, and provided for the termination of the Commission 60 days after submission of its report.
heading: Prohibition on Restriction of Armed Forces Under Kyoto Protocol to United Nations Framework Convention on Climate Change
text: Pub. L. 105–261, div. A, title XII, § 1232, Oct. 17, 1998, 112 Stat. 2155, provided that:
“(a) In General.—
Notwithstanding any other provision of law, no provision of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, or any regulation issued pursuant to such protocol, shall restrict the training or operations of the United States Armed Forces or limit the military equipment procured by the United States Armed Forces.
“(b) Waiver.—
A provision of law may not be construed as modifying or superseding the provisions of subsection (a) unless that provision of law—
“(1) specifically refers to this section; and
“(2) specifically states that such provision of law modifies or supersedes the provisions of this section.
“(c) Matters Not Affected.—
Nothing in this section shall be construed to preclude the Department of Defense from implementing any measure to achieve efficiencies or for any other reason independent of the Kyoto Protocol.”
heading: Applicability of Certain Pay Authorities to Members of Specified Independent Study Organizations
text: Pub. L. 105–85, div. A, title X, § 1081, Nov. 18, 1997, 111 Stat. 1916, provided that:
“(a) Applicability of Certain Pay Authorities.—
(1) An individual who is a member of a commission or panel specified in subsection (b) and is an annuitant otherwise covered by section 8344 or 8468 of title 5, United States Code, by reason of membership on the commission or panel is not subject to the provisions of that section with respect to such membership.
“(2) An individual who is a member of a commission or panel specified in subsection (b) and is a member or former member of a uniformed service is not subject to the provisions of subsections (b) and (c) of section 5532 of such title with respect to membership on the commission or panel.
“(b) Specified Entities.—
Subsection (a) applies—
“(1) effective as of September 23, 1996, to members of the National Defense Panel established by section 924 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2626) [formerly set out below]; and
“(2) effective as of October 9, 1996, to members of the Commission on Servicemembers and Veterans Transition Assistance established by section 701 of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104–275; 110 Stat. 3346; 38 U.S.C. 545 note).”
heading: Mission of White House Communications Agency
text: Pub. L. 104–201, div. A, title IX, § 912, Sept. 23, 1996, 110 Stat. 2623, as amended by Pub. L. 109–163, div. A, title IX, § 906, Jan. 6, 2006, 119 Stat. 3402, provided that:
“(a) Telecommunications Support and Audiovisual Support Services.—
The Secretary of Defense shall ensure that the activities of the White House Communications Agency in providing support services on a nonreimbursable basis for the President from funds appropriated for the Department of Defense for any fiscal year are limited to the provision of telecommunications support and audiovisual support services to the President and Vice President and to related elements (as defined in regulations of that agency and specified by the President with respect to particular individuals within those related elements).
“(b) Other Support.—
Support services other than telecommunications and audiovisual support services described in subsection (a) may be provided by the Department of Defense for the President through the White House Communications Agency on a reimbursable basis.
“(c) White House Communications Agency.—
For purposes of this section, the term ‘White House Communications Agency’ means the element of the Department of Defense within the Defense Communications Agency that is known on the date of the enactment of this Act [Sept. 23, 1996] as the White House Communications Agency and includes any successor agency.”
heading: Military Force Structure Review
text: Pub. L. 104–201, div. A, title IX, subtitle B, Sept. 23, 1996, 110 Stat. 2623, directed Secretary of Defense, in consultation with Chairman of the Joint Chiefs of Staff, to complete in 1997 a review of defense program of United States, which was to include comprehensive examination of defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of defense program and policies with view toward determining and expressing defense strategy of United States and establishing revised defense program through year 2005, further established National Defense Panel to complete review and report to Secretary not later than Dec. 1, 1997, further directed Secretary to submit final report to Congress not later than Dec. 15, 1997, and provided for termination of Panel 30 days after submission of report to Secretary.
heading: Commission on Roles and Missions of Armed Forces
text: Pub. L. 103–160, div. A, title IX, subtitle E, Nov. 30, 1993, 107 Stat. 1738, as amended by Pub. L. 103–337, div. A, title IX, § 923(a)(1), (2), (b)–(d), Oct. 5, 1994, 108 Stat. 2830, 2831, established the Commission on Roles and Missions of the Armed Forces to review the efficacy and appropriateness of post-Cold War era allocations of roles, missions, and functions among the Armed Forces and to evaluate and report on alternatives and make recommendations for changes, directed that appointments to the Commission be made within 45 days after Nov. 30, 1993, and that the Commission convene its first meeting within 30 days of all appointments, and thereafter submit a report not later than one year after the date of its first meeting, directed the Secretary of Defense to submit comments on the report not later than 90 days following receipt, and provided for the termination of the Commission on the last day of the sixteenth month after its first meeting or no earlier than 30 days after submission of comments by the Secretary of Defense.
heading: Termination of Department of Defense Reporting Requirements Determined by Secretary of Defense To Be Unnecessary or Incompatible With Efficient Management of Department of Defense
text: Pub. L. 103–160, div. A, title XI, § 1151, Nov. 30, 1993, 107 Stat. 1758, provided that:
“(a) Termination of Report Requirements.—
Unless otherwise provided by a law enacted after the date of the enactment of this Act [Nov. 30, 1993], each provision of law requiring the submittal to Congress (or any committee of Congress) of any report specified in the list submitted under subsection (b) shall, with respect to that requirement, cease to be effective on October 30, 1995.
“(b) Preparation of List.—
(1) The Secretary of Defense shall submit to Congress a list of each provision of law that, as of the date specified in subsection (c), imposes upon the Secretary of Defense (or any other officer of the Department of Defense) a reporting requirement described in paragraph (2). The list of provisions of law shall include a statement or description of the report required under each such provision of law.
“(2) Paragraph (1) applies to a requirement imposed by law to submit to Congress (or specified committees of Congress) a report on a recurring basis, or upon the occurrence of specified events, if the Secretary determines that the continued requirement to submit that report is unnecessary or incompatible with the efficient management of the Department of Defense.
“(3) The Secretary shall submit with the list an explanation, for each report specified in the list, of the reasons why the Secretary considers the continued requirement to submit the report to be unnecessary or incompatible with the efficient management of the Department of Defense.
“(c) Submission of List.—
The list under subsection (a) shall be submitted not later than April 30, 1994.
“(d) Scope of Section.—
For purposes of this section, the term ‘report’ includes a certification, notification, or other characterization of a communication.
“(e) Interpretation of Section.—
This section does not require the Secretary of Defense to review each report required of the Department of Defense by law.”
heading: Report Provisions Previously Terminated by Goldwater-Nichols Act
text: Pub. L. 101–510, div. A, title XIII, § 1321, Nov. 5, 1990, 104 Stat. 1670, provided that section 1322 of Pub. L. 101–510, with respect to Goldwater-Nichols terminations, repeals certain provisions of law containing terminated report requirements and section 1323 of Pub. L. 101–510, with respect to such terminations, restores effectiveness of selected other provisions of law containing such requirements and described Goldwater-Nichols terminations for purposes of such repeals or restorations.
heading: Restoration of Certain Reporting Requirements of Title 10 Terminated by Goldwater-Nichols Act
text: Pub. L. 101–510, div. A, title XIII, § 1323, Nov. 5, 1990, 104 Stat. 1672, restored effectiveness of following report and notification provisions previously terminated by section 602(c) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986, Pub. L. 99–433, formerly set out below: (1) the quarterly report required by section 127(c) of this title relating to emergency and extraordinary expenses, (2) the notifications required by section 2672a(b) of this title relating to urgent acquisitions of interests in land, (3) the notifications required by section 7308(c) of this title relating to the transfer or gift of obsolete, condemned, or captured vessels, and (4) the notifications required by section 7309(b) of this title relating to construction or repair of vessels in foreign shipyards.
heading: Goldwater-Nichols Department of Defense Reorganization Act of 1986; Congressional Declaration of Policy
text: Pub. L. 99–433, § 3, Oct. 1, 1986, 100 Stat. 993, provided that:
“In enacting this Act [see Short Title of 1986 Amendment note above], it is the intent of Congress, consistent with the congressional declaration of policy in section 2 of the National Security Act of 1947 (50 U.S.C. 401) [now 50 U.S.C. 3002]—
“(1) to reorganize the Department of Defense and strengthen civilian authority in the Department;
“(2) to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense;
“(3) to place clear responsibility on the commanders of the unified and specified combatant commands for the accomplishment of missions assigned to those commands;
“(4) to ensure that the authority of the commanders of the unified and specified combatant commands is fully commensurate with the responsibility of those commanders for the accomplishment of missions assigned to their commands;
“(5) to increase attention to the formulation of strategy and to contingency planning;
“(6) to provide for more efficient use of defense resources;
“(7) to improve joint officer management policies; and
“(8) otherwise to enhance the effectiveness of military operations and improve the management and administration of the Department of Defense.”
heading: Reduction of Reporting Requirements
text: Pub. L. 99–433, title VI, § 602, Oct. 1, 1986, 100 Stat. 1066, as amended by Pub. L. 100–180, div. A, title XIII, § 1314(a)(4), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101–189, div. A, title II, § 243, Nov. 29, 1989, 103 Stat. 1402; Pub. L. 101–510, div. A, title XIII, § 1324, Nov. 5, 1990, 104 Stat. 1673; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, directed Secretary of Defense to compile a list of all provisions of law in effect on or after Oct. 1, 1986, and before Feb. 1, 1987, which require President or any official or employee of Department of Defense to submit a report, notification, or study to Congress or any committee of Congress and to submit this list not later than six months after Oct. 1, 1986, with any recommendation or draft of legislation to implement any changes in law recommended by the Secretary.
heading: Legislation To Make Required Conforming Changes in Law
text: Pub. L. 99–433, title VI, § 604, Oct. 1, 1986, 100 Stat. 1075a, directed Secretary of Defense, not later than six months after Oct. 1, 1986, to submit to Committees on Armed Services of Senate and House of Representatives a draft of legislation to make any technical and conforming changes to title 10, United States Code, and other provisions of law that are required or should be made by reason of the amendments made by Pub. L. 99–433.
heading: Readiness Status of Military Forces of the North Atlantic Treaty Organization; Assessment, Findings, and Report to Congressional Committees
text: Pub. L. 96–107, title VIII, § 808, Nov. 9, 1979, 93 Stat. 814, which directed Secretary of Defense to report annually to Congress on readiness of military forces of NATO, was repealed and restated as section 133a (renumbered § 117 and repealed) of this title by Pub. L. 97–295, §§ 1(2)(A), 6(b), Oct. 12, 1982, 96 Stat. 1287, 1314.
heading: Defense Manpower Commission
text: Pub. L. 93–155, title VII, §§ 701–708, Nov. 16, 1973, 87 Stat. 609–611, established the Commission; provided for its composition, duties, powers, compensation, staff, appropriations, and use of General Services Administration; and directed that interim reports to President and Congress be submitted and that Commission terminate 60 days after its final report which was to be submitted not more than 24 months after appointment of Commission.
heading: Air Force Reserve and Air National Guard of United States; Study and Investigation of Relative Status; Advantages and Disadvantages of Alternatives; Modernization and Manpower Needs; Report to President and Congress
text: Pub. L. 93–155, title VIII, § 810, Nov. 16, 1973, 87 Stat. 618, directed the Secretary of Defense to study the relative status of the Air Force Reserve and the Air National Guard of the United States; to measure the effects on costs and combat capability as well as other advantages and disadvantages of (1) merging the Reserve into the Guard, (2) merging the Guard into the Reserve, and (3) retaining the status quo; and to consider the modernization needs and manpower problems of both; and also directed that a report of such study be submitted to the President and to the Congress no later than Jan. 31, 1975.
heading: REORGANIZATION PLAN NO. 6 OF 1953
text: Eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, as amended Aug. 6, 1958, Pub. L. 85–559, § 10(b), 72 Stat. 521; Sept. 7, 1962, Pub. L. 87–651, title III, § 307C, 76 Stat. 526
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 30, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].
heading: DEPARTMENT OF DEFENSE
heading: Section 1. Transfers of Functions
text: (a) All functions of the Munitions Board, the Research and Development Board, the Defense Supply Management Agency, and the Director of Installations are hereby transferred to the Secretary of Defense.
(b) The selection of the Director of the Joint Staff by the Joint Chiefs of Staff, and his tenure, shall be subject to the approval of the Secretary of Defense.
(c) The selection of the members of the Joint Staff by the Joint Chiefs of Staff, and their tenure, shall be subject to the approval of the Chairman of the Joint Chiefs of Staff.
(d) The functions of the Joint Chiefs of Staff with respect to managing the Joint Staff and the Director thereof are hereby transferred to the Chairman of the Joint Chiefs of Staff.
heading: Sec. 2. Abolition of Agencies and Functions
text: (a) There are hereby abolished the Munitions Board, the Research and Development Board, and the Defense Supply Management Agency.
(b) The offices of Chairman of the Munitions Board, Chairman of the Research and Development Board, Director of the Defense Supply Management Agency, Deputy Director of the Defense Supply Management Agency, and Director of Installations are hereby abolished.
(c) The Secretary of Defense shall provide for winding up any outstanding affairs of the said abolished agency, boards, and offices, not otherwise provided for in this reorganization plan.
(d) The function of guidance to the Munitions Board in connection with strategic and logistic plans as required by section 213(c) of the National Security Act of 1947, as amended [section 171h(c) of former Title 5], is hereby abolished.
heading: Sec. 3. Assistant Secretaries of Defense
text: [Repealed. Pub. L. 85–599, § 10(b), Aug. 6, 1958, 72 Stat. 521, eff. six months after Aug. 6, 1958. Section authorized appointment of six additional Assistant Secretaries and prescribed their duties and compensation.]
heading: Sec. 4. General Counsel
text: [Repealed. Pub. L. 87–651, title III, § 307C, Sept. 7, 1962, 76 Stat. 526. Section authorized appointment of a General Counsel for the Department of Defense. See section 140 of this title.]
heading: Sec. 5. Performance of Functions
text: [Repealed. Pub. L. 87–651, title III, § 307C, Sept. 7, 1962, 76 Stat. 526. Section authorized the Secretary of Defense from time to time to make such provisions as he deemed appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of any function of the Secretary. See section 113 of this title.]
heading: Sec. 6. Miscellaneous Provisions
text: (a) The Secretary of Defense may from time to time effect such transfers within the Department of Defense of any of the records, property, and personnel affected by this reorganization plan, and such transfers of unexpended balances (available or to be made available for use in connection with any affected function or agency) of appropriations, allocations, and other funds of such Department, as he deems necessary to carry out the provisions of this reorganization plan.
(b) Nothing herein shall affect the compensation of the Chairman of the Military Liaison Committee (63 Stat. 762).
heading: Executive Order No. 12049
text: Ex. Ord. No. 12049, Mar. 27, 1978, 43 F.R. 13363, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, which provided for establishment of Defense Economic Adjustment Program and continued the Economic Adjustment Committee, was superseded by Ex. Ord. No. 12788, Jan. 15, 1992, 57 F.R. 2213, set out as a note under section 2391 of this title.