Goldwater-Nichols Department of Defense Reorganization Act of 1986
PL 99-433 (H.R.3622), enacted 10/01/1986

100 STAT. 992 
PUBLIC LAW 99-433—OCT. 1, 1986 
Public Law 99-433 
99th Congress 
An Act 
Oct. 1, 1986 
[H.R. 3622] 
Goldwater-
Nichols 
Department of 
Defense 
Reorganization 
Act of 1986. 
Armed Forces. 
Defense and 
national 
security. 
10 u s e 111 note. 
To reorganize the Department of Defense and strengthen civilian authority in the 
Department of Defense, to improve the military advice provided to the President, 
the National Security Council, and the Secretary of Defense, to place clear respon-
sibility on the commanders of the unified and specified combatant commands for 
the accomplishment of missions assigned to those commands and ensure that the 
authority of those commanders is fully commensurate with that responsibility, to 
increase attention to the formulation of strategy and to contingency planning, to 
provide for more efficient use of defense resources, to improve joint officer manage-
ment policies, otherwise to enhance the effectiveness of military operations and 
improve the management and administration of the Department of Defense, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS 
(a) SHORT TITLE.—This Act may be cited as the "Goldwater-
Nichols Department of Defense Reorganization Act of 1986". 
(h) TABLE OF CONTENTS.—The table of contents of this Act is as 
follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 10, United States Code. 
Sec. 3. Policy. 
TITLE I—DEPARTMENT OF DEFENSE GENERALLY 
Sec. 101. Organization of the Department of Defense. 
Sec. 102. Powers and duties of the Secretary of Defense. 
Sec. 103. Modification of authority of Secretary of Defense to reorganize the 
Department of Defense. 
Sec. 104. Office of the Secretary of Defense. 
Sec. 105. Under Secretary for Policy and Director of Defense Research and En-
gineering. 
Sec. 106. Assistant Secretaries of Defense. 
Sec. 107. Comptroller of the Department of Defense. 
Sec. 108. Inspector General of the Department of Defense. 
Sec. 109. Management studies of Office of the Secretary of Defense. 
Sec. 110. Technical and conforming amendments. 
TITLE II—MILITARY ADVICE AND COMMAND FUNCTIONS 
PART A—JOINT CHIEFS OF STAFF 
Sec. 201. Revised functions of Chairman; establishment of Vice Chairman. 
Sec. 202. Provisions relating to Vice Chairman. 
Sec. 203. Participation in National Security Council meetings. 
Sec. 204. Transition. 
PART B—COMBATANT COMMANDS 
Sec. 211. Establishment of combatant commands and authority of commanders. 
Sec. 212. Initial review of combatant commands. 
Sec. 213. Repeal of certain limitations on command structure. 
Sec. 214. Transition. 
.. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 993 
TITLE III—DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD 
ACTIVITIES 
Sec. 301. Establishment and management of Defense Agencies and Department 
of Defense Field Activities. 
Sec. 302. Definitions of Defense Agency and Department of Defense Field 
Activity. 
Sec. 303. Reassessment of Defense Agencies and DOD Field Activities. 
Sec. 304. Transition. 
TITLE IV—JOINT OFFICER PERSONNEL POLICY 
Sec. 401. Joint officer management. 
Sec. 402. Promotion procedures for joint officers. 
Sec. 403. Consideration of joint duty in senior general and flag officer appoint-
ments and advice on qualifications. 
Sec. 404. Joint duty assignment as prerequisite for promotion to general or flag 
officer grade. 
Sec. 405. Annual report on implementation. 
Sec. 406. Transition. 
TITLE V—MILITARY DEPARTMENTS 
PART A—DEPARTMENT OF THE ARMY 
Sec. 501. The Army Secretariat. 
Sec. 502. The Army Staff. 
Sec. 503. Authority to organize Army into commands, forces, and organizations 
PART B—DEPARTMENT OF THE NAVY 
Sec. 511. The Navy Secretariat. 
Sec. 512. Office of the Chief of Naval Operations. 
Sec. 513. Headquarters, Marine Corps. 
Sec. 514. Technical and clerical amendments. 
PART C—DEPARTMENT OF THE AIR FORCE 
Sec. 521. The Air Force Secretariat. 
Sec. 522. The Air Staff. 
Sec. 523. Authority to organize Air Force into separate organizations. 
PART D—GENERAL CONFORMING AMENDMENTS AND TRANSITION PROVISIONS 
Sec. 531. Conforming amendments. 
Sec. 532. Transition. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Reduction in personnel assigned to management headquarters activi-
ties and certain other activities. 
Sec. 602. Reduction of reporting requirements. 
Sec. 603. Annual report on national security strategy. 
Sec. 604. Legislation to make required conforming changes in law. 
Sec. 605. General technical amendments. 
SEC. 2. REFERENCES TO TITLE 10, UNITED STATES CODE 
Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of title 10, United 
-h 
States Code. 
SEC. 3. POLICY 
10 use 111 note. 
In enacting this Act, 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)— 
(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; 
71 1QA
n
On
"3/.
.
m
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,4-1
100 STAT. 994 
PUBLIC LAW 99-433—OCT. 1, 1986 
(3) to place clear responsibility on the commanders of the 
unified and specified combatant commands for the accomplish-
ment of missions assigned to those commands; 
(4) to ensure that the authority of the commanders of the 
unified and specified combatant commands is fully commensu-
rate with the responsibility of those commanders for the accom-
plishment 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 oper-
ations and improve the management and administration of the 
Department of Defense. 
TITLE 
I—DEPARTMENT 
OF 
DEFENSE 
GENERALLY 
SEC. 
1
0
1
. 
ORGANIZATION 
OF 
THE 
DEPARTMENT 
OF 
DEFENSE 
10 use 101 et 
(a) REORGANIZATION OF CODE.—(1) Part I of subtitle A is amended 
««9- 
by inserting after chapter 1 the following new chapter: 
"CHAPTER 2—DEPARTMENT OF DEFENSE 
"Sec. 
V 
n 
"111. Executive department. 
"112. Department of Defense: seal. 
"113. Secretary of Defense. 
"114. Annual authorization of appropriations. 
"115. Annual authorization of personnel strengths; annual manpower requirements 
report. 
"116. Annual operations and maintenance report. 
"117. Annual report on North Atlantic Treaty Organization readiness. 
"118. Sale or transfer of defense articles: reports to Congress.". 
10 use 131 et 
(2) The sections of chapter 4 listed in the left-hand column of the 
s«9- 
following table are transferred (in the order they appear in that 
column) to the end of chapter 2 of such title, as added by paragraph 
(1), and are redesignated in accordance with the corresponding 
section numbers in the right-hand column of the table, as follows: 
New sections of 
Existing sections of chapter 4: 
chapter 2 
131 
Ill 
132 
112 
133 
113 
138 
114 
133a 
117 
133b 
118 
(3) The sections of chapter 4 listed in the left-hand column of the 
following table are transferred (in the order they appear in that 
10 use 121 et 
column) to the end of chapter 3 of such title and are redesignated in 
seq. 
accordance with the corresponding section numbers in the right-
hand column of the table, as follows: 
New sections of 
Existing sections of chapter 4: 
chapter 3 
140 
127 
140a 
128 
140b 
129 
140c 
130 
10 use 2201 et 
(4) Part IV of subtitle A is amended by inserting after chapter 143 
seq- 
the following new chapter: 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 995 
"CHAPTER 144—OVERSIGHT OF COST GROWTH IN MAJOR 
PROGRAMS 
"Sec. 
"2431. Weapons development and procurement schedules. 
^ 
"2432. Selected Acquisition Reports. 
' " 
"2433. Unit cost reports. 
"2434. Independent cost estimates.". 
(5) The sections of chapter 4 listed in the left-hand column of the 
following table are transferred (in the order they appear in that 
column) to chapter 144, as added by paragraph (4), and are redesig-
nated in accordance with the corresponding section numbers in the 
right-hand column of the table, as follows: 
New sections of 
Existing sections of chapter 4: 
chapter 3 
139 
2431 
139a 
2432 
139b 
2433 
139c 
2434 
(6) The heading of chapter 4 is amended to read as follows: 
"CHAPTER 4—OFFICE OF THE SECRETARY OF DEFENSE". 
(7) Chapter 4 is amended by redesignating sections of such chapter 
listed in the left-hand column of the following table in accordance 
with the corresponding section numbers in the right-hand column of 
the table, as follows: 
Existing sections: 
New sections 
134 
132 
134a 
133 
136a 
138 
137 
139 
(b) ELEMENTS OF THE DEPARTMENT.—Section 111 (as transferred 
and redesignated by subsection (aX2)) is amended— 
(1) by inserting "(a)" before "The Department of Defense"; 
and 
(2) by adding at the end the following: 
"(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 
President of U.S. 
than those described in paragraphs (1) through (9) of subsection (b). 
100 STAT. 996 
PUBLIC LAW 99-433—OCT. 1, 1986 
the President shall notify Congress not later than 60 days 
thereafter.". 
SEC. 
1
0
2
. 
POWERS 
AND 
DUTIES 
OF 
THE 
SECRETARY 
OF 
DEFENCE 
Post, pp. 1022, 
Section 113 (as transferred and redesignated by section 101(a)(2)) is 
1075. 
amended by adding at the end the following new subsections: 
"(f) When a vacancy occurs in an office within the Department of 
Defense and the office is to be filled by a person appointed from 
civilian life by the President, by and with the advice and consent of 
the Senate, the Secretary of Defense shall inform the President of 
the qualifications needed by a person serving in that office to carry 
out effectively the duties and responsibilities of that office. 
"(gXD The Secretary of Defense, with the advice and assistance of 
the Chairman of the Joint Chiefs of Staff, shall provide annually to 
the heads of Department of Defense components written policy 
guidance for the preparation and review of the program rec-
ommendations and budget proposals of their respective components. 
Such guidance shall include guidance on— 
"(A) national security objectives and policies; 
"(B) the priorities of military missions; and 
"(C) the resource levels projected to be available for the period 
of time for which such recommendations and proposals are to be 
effective. 
"(2) The Secretary of Defense, with the approval of the President 
and after consultation with the Chairman of the Joint Chiefs of 
Staff, shall provide annually to the Chairman written policy guid-
ance for the preparation and review of contingency plans. Such 
guidance shall include guidance on the specific force levels and 
specific supporting resource levels projected to be available for the 
period of time for which such plans are to be effective. 
"(h) The Secretary of Defense shall keep the Secretaries of the 
military departments informed with respect to military operations 
and activities of the Department of Defense that directly affect their 
respective responsibilities.". 
SEC. 
1
0
3
. 
MODIFICATION 
OF 
AUTHORITY 
OF 
SECRETARY 
OF 
DEFENSE 
TO 
REORGANIZE 
THE 
DEPARTMENT 
OF 
DEFENSE 
Post, pp. 1022, 
Section 125 is amended— 
1055. 
(1) by striking out "unless the Secretary" in the second 
sentence of subsection (a) and all that follows in that subsection 
and inserting in lieu thereof a period; and 
(2) by inserting "vested by law in the Department of Defense, 
or an officer, official, or agency thereof in subsection (b) after 
"function, power, or duty". 
SEC. 
1
0
4
. 
OFFICE 
OF 
THE 
SECRETARY 
OF 
DEFENSE 
Chapter 4 (as amended by section 101(a)) is further amended by 
inserting after the table of sections the following new section: 
"§ 131. Office of the Secretary of Defense 
"(a) There is in the Department of Defense an Office of the 
Secretary of Defense. The function of the Office is to assist the 
Secretary of Defense in carr3dng out his duties and responsibilities 
and to carry out such other duties as may be prescribed by law. 
"(b) The Office of the Secretary of Defense is composed of the 
following: 
"(1) The Deputy Secretary of Defense. 
^
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 997 
"(2) The Under Secretary of Defense for Acquisition. 
"(3) The Under Secretary of Defense for Policy. 
"(4) The Director of Defense Research and Engineering. 
"(5) The Assistant Secretaries of Defense. 
"(6) The Comptroller of the Department of Defense. 
"(7) The Director of Operational Test and Evaluation. 
"(8) The General Counsel of the Department of Defense. 
"(9) The Inspector General of the Department of Defense. 
"(10) Such other offices and officials as may be established by 
law or the Secretary of Defense may establish or designate in 
the Office. 
"(c) Officers of the armed forces may be assigned or detailed to 
permanent duty in the Office of the Secretary of Defense. However, 
the Secretary may not establish a military staff in the Office of the 
Secretary of Defense. 
"(d) The Secretary of each military department, and the civilian 
employees and members of the armed forces under the jurisdiction 
of the Secretary, shall cooperate fully with personnel of the Office of 
the Secretary of Defense to achieve efficient administration of the 
Department of Defense and to carry out effectively the authority, 
direction, and control of the Secretary of Defense.". 
SEC. 105. UNDER SECRETARY FOR POLICY AND DIRECTOR OF DEFENSE 
ij o; 
RESEARCH AND ENGINEERING 
Chapter 4 is further amended— 
(1) by striking out the heading and subsection (a) of section 
135 and inserting in lieu thereof the following: 
"§ 134. Under Secretary of Defense for Policy 
lo use 1
3
4 
"(a) There is an Under Secretary of Defense for Policy, appointed 
from civilian life by the President, by and with the advice and 
consent of the Senate. A person may not be appointed £is Under 
Secretary within 10 years after relief from active duty £is a commis-
sioned officer of a regular component of an armed force. 
"(b)(1) The Under Secretary shall perform such duties and exer-
cise such powers as the Secretary of Defense may prescribe. 
"(2) The Under Secretary shall assist the Secretary of Defense— 
"(A) in preparing written policy guidance for the preparation 
and review of contingency plans; and 
"(B) in reviewing such plans. 
"(c) The Under Secretary takes precedence in the Department of 
Defense after the Secretary of Defense, the Deputy Secretary of 
Defense, and the Secretaries of the military departments. 
"§ 135. Director of Defense Research and Engineering 
"(a) There is a Director of Defense Research and Engineering, 
appointed from civilian life by the President, by and with the advice 
and consent of the Senate."; and 
(2) by striking out the first sentence of subsections O
t
)
) and (c) 
of section 135 (as designated by paragraph (1)). 
SEC. 106. ASSISTANT SECRETARIES OF DEFENSE 
(a) REPEAL OF SPECIFICATION OF CERTAIN ASSISTANT SECRETARIES.— 
Subsection (b) of section 136 is amended— 
(1) by striking out paragraphs (2) and (3); 
(2) by redesignating paragraphs (4) and (5) as paragraphs (2) 
and (3), respectively; and 
100 STAT. 998 
PUBLIC LAW 99-433—OCT. 1, 1986 
(3) by striking out paragraph (6). 
(b) PRECEDENCE.—Subsection (e) of such section is amended— 
(1) by striking out "and the Under Secretaries of Defense" 
and inserting in lieu thereof "the Under Secretaries of Defense, 
and the Director of Defense Research and Engineering"; and 
(2) by adding at the end the following new sentence: "The 
Assistant Secretaries take precedence among themselves in the 
order prescribed by the Secretary of Defense. . 
(c) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (c)— 
(A) by striking out "him" in paragraph (1) and inserting 
in lieu thereof "the Assistant Secretary ; and 
(B) by striking out ", or his designee" in paragraph (2); 
(2) by striking out subsection (d); and 
(3) by redesignating subsection (e) (as amended by subsection 
(b) of this section) as subsection (d). 
SEC. 107. COMPTROLLER OF THE DEPARTMENT OF DEFENSE 
Chapter 4 is further amended by inserting after section 136 the 
following new section: 
10 use 137. 
"§ 137. Comptroller 
"(a) There is a Comptroller of the Department of Defense, ap-
pointed from civilian life by the President, by and with the advice 
and consent of the Senate. 
"(b) The Comptroller shall perform such duties and exercise such 
powers as the Secretary of Defense may prescribe. 
"(c) The Comptroller shall advise and assist the Secretary of 
Defense— 
"(1) in performing such budgetary and fiscal functions and 
duties, and in exercising such budgetary and fiscal powers, as 
are needed to carry out the powers of the Secretary; 
"(2) in supervising and directing the preparation of budget 
estimates of the Department of Defense; 
"(3) in establishing and supervising the execution of prin-
ciples, policies, and procedures to be followed in connection with 
organizational and administrative matters relating to— 
"(A) the preparation and execution of budgets; 
"(B) fiscal, cost, operating, and capital property account-
ing; and 
"(C) progress and statistical reporting; 
"(4) in establishing and supervising the execution of policies 
and procedures relating to the expenditure and collection of 
funds administered by the Department of Defense; and 
"(5) in establishing uniform terminologies, classifications, and 
procedures concerning matters covered by clauses (1) through 
(4).". 
SEC. 108. INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE 
Chapter 4 is further amended by inserting after section 139 (as 
redesignated by section 101(a)) the following new section: 
"§ 140. Inspector General 
"(a) There is an Inspector General of the Department of Defense, 
who is appointed as provided in section 3 of the Inspector General 
Act of 1978 (Public Law 95-452; 5 U.S.C. App. 3). 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 999 
"(b) The Inspector General performs the duties, has the respon-
sibiHties, and exercises the powers specified in the Inspector General 
Act of 1978.". 
5 use app. 
SEC. 109. MANAGEMENT STUDIES OF OFFICE OF THE SECRETARY OF 
10 USC131 note. 
DEFENSE 
(a) SECRETARY OF DEFENSE STUDY.—The Secretary of Defense shall 
conduct a study of the functions and organization of the Office of the 
Secretary of Defense. The study shall consider whether the present 
allocation of functions to, and the organizational structure of, the 
Office constitute the most effective, efficient, and economical alloca-
tion and structure of the Office to assist the Secretary in carrying 
out his duties and responsibilities. The study shall include consider-
ation of each of the matters specified in subsection (d). 
(b) SERVICE SECRETARIES JOINT STUDY.—(1) The Secretaries of the 
military departments shall conduct a joint study of the functions 
and organization of the Office of the Secretary of Defense. The study 
shall be conducted independently of the study conducted by the 
Secretary of Defense under subsection (a). The Secretaries shall 
Reports. 
submit a joint report to the Secretary of Defense on such study at a 
time specified by the Secretary. Except as provided in paragraph (2), 
the report shall include a discussion of and recommendations 
concerning each of the matters specified in subsection (d). 
(2) The Secretary of Defense shall determine the extent to which, 
and prescribe the procedures under which, the Secretaries of the 
military departments shall study the matters specified in subsection 
(dXlXA) relating to contingency planning and military operations. 
(c) CHAIRMAN OF J C S STUDY.—The Chairman of the Joint Chiefs of 
Staff shall conduct a study of the functions and organization of the 
Office of the Secretary of Defense. The study shall be conducted 
independently of the study conducted by the Secretary of Defense 
under subsection (a). The Chairman shall submit a report to the 
Reports. 
Secretary of Defense on such study at a time specified by the 
Secretary. The report shall include a discussion of and recommenda-
tions concerning the matters specified in paragraphs (1)(C), (IXD), 
(2), (3), (5), and (6) of subsection (d). 
(d) MATTERS TO BE INCLUDED.—The study required by subsection 
(a) shall include consideration of the following: 
(1) Whether the present organization of the Office— 
(A) is optimally structured to assist the Secretary of 
Defense in the effective exercise of civilian control of the 
Department of Defense, including civilian control of— 
(i) 
defense 
policy 
development 
and 
strategic 
planning; 
(ii) program and budget development; 
(iii) policy, program, and budget execution; 
(iv) contingency planning; and 
(v) military operations; 
(B) is the most effective and efficient organization for the 
initiation, development, and articulation of defense policy; 
(C) ensures that strategic planning and contingency plan-
ning are linked to, and derived from, national security 
strategy, policies, and objectives; and 
(D) inhibits integration of the capabilities of the Armed 
Forces along mission lines. 
100 STAT. 1000 
PUBLIC LAW 99-433—OCT. 1, 1986 
(2) Whether the planning, programming, and budgeting 
system of the Department of Defense (including the role of the 
Office in such system) needs to be revised— 
(A) to strengthen strategic planning and policy direction; 
(B) to ensure that strategic planning is consistent with 
national security strategy, policies, and objectives; 
(C) to ensure that there is a sufficient relationship be-
tween strategic planning and the resource levels projected 
to be available for the period for which the planning is to be 
effective; 
(D) to ensure that strategic planning and program devel-
opment give sufficient attention to alliances with other 
nations; 
(E) to provide for more effective oversight, control, and 
evaluation of policy, program, and budget execution; and 
(F) to ensure that past program and budget decisions are 
effectively evaluated, that such evaluations are supported 
by consistent, complete, and timely financial and perform-
ance data, and that such evaluations are fully considered in 
the next planning, programming, and budgeting cycle. 
(3) Whether the major force program categories of the Five-
Year Defense Plan could be restructured to better assist 
decisionmaking and management control. 
(4) Means to improve and strengthen the oversight function 
within each element of the Office in policy areas not addressed 
by the planning, programming, and budgeting system. 
(5) Factors inhibiting efficient and effective execution of the 
functions of the Office, including factors relating to— 
(A) duplication of functions (both within the Office and 
between the Office and other elements of the Department); 
(B) insufficient information; and 
(C) insufficient resources (including personnel). 
(6) Alternative allocations of authorities and functions of the 
Office and other reorganization proposals for the Office, includ-
ing the desirability of— 
(A) establishing Under Secretaries of Defense for mission-
oriented areas of responsibility; 
(B) decentralizing functions of the Office; 
(C) reducing the number of officials reporting directly to 
the Secretary of Defense; and 
(D) changing the ratio of members of the Armed Forces to 
civilian employees in the Office. 
(7) Whether political appointees in the Office of the Secretary 
of Defense have sufficient experience and expertise, upon 
appointment, to be capable of contributing immediately to effec-
tive policy formulation and management. 
(e) ANALYSIS OF CIVIUAN CONTROL.—(1) The Secretary of Defense, 
in considering under subsection (d)(1)(A) whether effective civilian 
control of the Department of Defense is best assisted by the current 
structure of the Office, shall examine the functions performed in the 
Office by— 
(A) members of the Armed Forces on the active-duty list; and 
(B) members of the Armed Forces in a retired status and 
members of the reserve components who are employed in a 
civilian capacity. 
Wages. 
(2) Such examination shall include a determination of the total 
number of positions in the Office of the Secretary of Defense above 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1001 
grade GS-8 and the military equivalent (as determined by the 
Secretary of Defense), and of such number— 
(A) the number of positions held by members of the Armed 
Forces on the active-duty list, shown for the military equivalent 
of each civilian pay grade by number and as a percentage of the 
total number of positions in the Office in the civilian pay grade 
concerned and in the military equivalent of such civilian pay 
grade; 
(B) the number of such positions held by members of the 
Armed Forces in a retired status who are serving in a civilian 
capacity, shown for each civilian pay grade in the same manner 
as provided under clause (A); and 
(C) the number of such positions held by members of the 
reserve components who are serving in a civilian capacity, 
shown for each civilian pay grade in the same manner as 
provided under clause (A). 
(3) In determining the total number of positions in the Office of 
the Secretary of Defense in grades above GS-8, the Secretary shall 
exclude positions which are primarily clerical or secretarial. 
(f) INDEPENDENT CONTRACTOR STUDY.—The Secretary shall provide 
for an independent study to be carried out by a contractor to 
consider the same matters required to be considered by the Sec-
retary under subsection (d). The Secretary shall ensure that the 
contractor has full access to such information as the contractor 
requires and that the contractor otherwise receives full cooperation 
from all officials and entities of the Department of Defense. 
(g) REPORT TO CONGRESS.—(1) The Secretary of Defense shall 
submit to Congress a report on the Secretary's study under subsec-
tion (a). The report shall include— 
(A) the findings and conclusions of the Secretary with respect 
to each of the matters set forth in subsection (d); 
(B) the findings and statistical determinations required under 
subsection (e); and 
(C) any recommendations of the Secretary for organizational 
changes in the Office of the Secretary of Defense and a descrip-
tion of the means for implementing each recommendation. 
(2) The Secretary shall include with the report a copy of the 
reports to the Secretary under subsections (b) and (c) and a copy of 
the report of the independent contractor under subsection (f), to-
gether with such comments on each such report as the Secretary 
considers appropriate. 
(3) The report under this subsection shall be submitted not later 
than one year after the date of the enactment of this Act. 
SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS 
(a) CONFORMING AMENDMENT FOR OFFICE OF SECRETARY OF DE-
FENSE.—Chapter 41 is amended— 
lO use 7ii et 
(1) by striking out section 718; and 
*^9-
(2) by striking out the item relating to that section in the 
table of sections at the beginning of such chapter. 
(b) REVISION OF OLD SECTION 138.—Section 114 (as transferred and 
redesignated by section 101(a)) is amended— 
(1) by striking out the section heading and inserting in lieu 
thereof the following: 
100 STAT. 1002 
PUBLIC LAW 99-433—OCT. 1, 1986 
10 use 114. 
"§ 114. Annual authorization of appropriations"; 
(2) by transferring subsection (h) to the end of section 113 (as 
transferred and redesignated by section 101(a) and amended by 
section 102) and redesignating such subsection as subsection (i); 
(3) by striking out "(as defined in subsection (f))" in subsection 
(a)(6); 
(4) by inserting after subsection .(a) the following: 
"§ 115. Annual authorization of personnel strengths; annual man-
power requirements report"; 
(5) by redesignating subsections (b), (c), and (d) as subsections 
(a), (b), and (c), respectively; 
(6) by inserting after such subsection (c) (as so redesignated) 
the JPoUowing: 
*'§ 116. Annual operations and maintenance report"; 
(7) by redesignating subsection (e) as subsection (a); 
(8) by transferring subsection (fKl) to the end of section 114 (as 
determined by the amendments made by this subsection) and 
striking out "(fKD" therein and inserting in lieu thereof "(b)"; 
(9) by striking out "(2) In subsection (e)" and inserting in lieu 
thereof "(b) In this section"; 
(10) by striking out "(A) 'Combat" and "(B) 'Major" and 
inserting in lieu thereof "(1) The term 'combat" and "(2) The 
term 'major", respectively; and 
(11) by transferring subsections (g) and (i) to the end of section 
114 (as determined by the amendments made by this subsection) 
and redesignating such subsections as subsections (c) and (d), 
respectively. 
(c) TECHNICAL AMENDMENTS.—(1) Section 133 (as redesignated by 
section 101(a)) is amended by inserting "of Defense" in subsection (a) 
after "Under Secretary". 
(2) The heading of chapter 3 is amended to read £is follows: 
"CHAPTER 3—GENERAL POWERS AND FUNCTIONS". 
(d) REVISED SECTION HEADINGS.—(1) The heading of section 112 (as 
redesignated by section 101(a)) is amended to read as follows: 
"§ 112. Department of Defense: seal". 
(2) The heading of section 113 (as redesignated by section 101(a)) is 
amended to read as follows: 
"§ 113. Secretary of Defense". 
(3) The heading of section 117 (as redesignated by section 101(a)) is 
amended to read as follows: 
"§ 117. Annual report on North Atlantic Treaty Organization readi-
ness". 
(4) The heading of section 127 {as redesignated by section 101(a)) is 
amended to read as follows: 
"§ 127. Emergency and extraordinary expenses". 
(5) The heading of section 128 (as redesignated by section 101(a)) is 
amended to read as follows: 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1003 
"§ 128. Funds transfers for foreign cryptologic support". 
(6) The heading of section 130 (as redesignated by section 101(a)) is 
amended to read as follows: 
"§ 130. Authority to withhold from public disclosure certain tech-
nical data". 
(7) The heading of section 132 (as redesignated by section 101(a)) is 
amended to read as follows: 
"§ 132. Deputy Secretary of Defense". 
(8) The heading of section 133 (as redesignated by section 101(a)) is 
amended to read as follows: 
"§ 133. Under Secretary of Defense for Acquisition". 
(9) The heading of section 136 is amended to read as follows: 
"§ 136. Assistant Secretaries of Defense". 
(10) The heading of section 138 (as redesignated by section 101(a)) 
is amended to read as follows: 
"§ 138. Director of Operational Test and Evaluation". 
(11) The heading of section 139 (as redesignated by section 101(a)) 
is amended to read as follows: 
"§ 139. General Counsel". 
(12) The heading of section 2431 (as redesignated by section 101(a)) 
is amended to read as follows: 
"§ 2431. Weapons development and procurement schedules". 
(13) The heading of section 2432 (as redesignated by section 101(a)) 
is amended to read as follows: 
"§ 2432. Selected Acquisition Reports". 
(14) The heading of section 2433 (as redesignated by section 101(a)) 
is amended to read as follows: 
"§ 2433. Unit cost reports". 
(15) The heading of section 2434 (as redesignated by section 101(a)) 
is amended to read as follows: 
"§ 2434. Independent cost estimates". 
(e) CLERICAL AMENDMENTS FOR REORGANIZATION OF CHAPTER 4.— 
(1) The table of sections at the beginning of chapter 3 is amended by 
adding at the end the following new items: 
"127. Emergency and extraordinary expenses. 
"128. Funds transfers for foreign cryptologic support. 
"129. Prohibition of certain civilian personnel management constraints. 
"130. Authority to withhold from public disclosure certain technical data.". 
(2) The table of sections at the beginning of chapter 4 is amended 
to read as follows: 
"Sec. 
"131. Office of the Secretary of Defense. 
"132. Deputy Secretary of Defense. 
"133. Under Secretary of Defense for Acquisition. 
"134. Under Secretary of Defense for Policy. 
"135. Director of Defense Research and Engineering. 
100 STAT. 1004 
PUBLIC LAW 99-433—OCT. 1, 1986 
"136. Assistant Secretaries of Defense. 
"" 
"137. Comptroller. 
"138. Director of Operational Test and Evaluation. 
"139. General Counsel. 
' ' 
"140. Inspector General.". 
(g) CROSS REFERENCE AMENDMENTS TO TITLE 10.—(1) Section 
138(aX2)(B) (as redesignated by section 101(a)) is amended by striking 
out "section 139a(aXl)" and inserting in lieu thereof "section 
2432(aXl)". 
(2) Section 1621(3) is amended by striking out "section 139a(aXl)" 
and inserting in lieu thereof "section 2432(aXl)". 
(3) Section 2305a(d) is amended— 
(A) by striking out "section 139a(a)" in paragraph (1) and 
inserting in lieu thereof "section 2432(a)"; and 
(B) by striking out "section 139a(a)(l)(B)" both places it ap-
pears in paragraph (2) and inserting in lieu thereof "section 
2432(aXlXB)". 
(4) Section 2362(eX2) is amended by striking out "section 139a" 
and inserting in lieu thereof "section 2432". 
(5) Section 2403(e) is amended by striking out "section 139a" in 
paragraphs (1) and (2) and inserting in lieu thereof "section 2432". 
(6) Section 2431 (as redesignated by section 101(a)) is amended by 
striking out "section 138(a)" in subsection (a) and inserting in lieu 
thereof "section 114(a)". 
(7) Section 2432(c) (as redesignated by section 101(a)) is amended 
by striking out "section 139" in subsection (cXD and inserting in lieu 
thereof "section 2431". 
(8) Section 2433 (as redesignated by section 101(a)) is amended— 
(A) by striking out "section 139a(a)" in subsection (aXD and 
inserting in lieu thereof "section 2432(a)"; and 
(B) by striking out "section 139aOt))(3)" in subsection 0^) and 
inserting in lieu thereof "section 2432(b)(3)". 
(9) Section 2434(bXl) (as redesignated by section 101(a)) is amended 
by striking out "section 139a(aXl)" and inserting in lieu thereof 
"section 2432(aXl)". 
(10) Section 8062(e) is amended by striking out "section 138" and 
inserting in lieu thereof "section 114". 
(h) CROSS REFERENCE AMENDMENTS TO OTHER ACTS.—(1) Section 
51(cXl) of the Arms Export Control Act (22 U.S.C. 2795(cXl)) is 
amended by striking out "section 138(g)" and inserting in lieu 
thereof "section 114(c)". 
(2) Section 53(b) of the Arms Export Control Act (22 U.S.C. 
2795b03)) is amended by striking out "section 139(a)" and inserting 
in lieu thereof "section 2431(a)". 
(3) Section 303(c) of the Internal Security Act of 1950 (50 U.S.C. 
833(c)) is amended by striking out "section 133(d)" and inserting in 
lieu thereof "section 113(d)". 
TITLE II—MILITARY ADVICE AND COMMAND FUNCTIONS 
PART A—JOINT CHIEFS OF STAFF 
SEC. 201. REVISED FUNCTIONS OF CHAIRMAN; ESTABLISHMENT OF VICE 
CHAIRMAN 
Chapter 5 is amended to read as follows: 
PUBLIC LAW 99-433-OCT. 1, 1986 
100 STAT. 1005 
"CHAPTER 5—JOINT CHIEFS OF STAFF 
"Sec. 
"151. Joint Chiefs of Staff: composition; functions. 
"152. Chairman: appointment; rank. 
"153. Chairman: functions. 
"154. Vice Chairman. 
"155. Joint Staff. 
"§ 151. Joint Chiefs of Staff: composition; functions 
10 USC 151. 
"(a) COMPOSITION.—There are in the Department of Defense the 
Joint Chiefs of Staff, headed by the Chairman of the Joint Chiefs of 
Staff. The Joint Chiefs of Staff consist of the following: 
"(1) The Chairman. 
"(2) The Chief of Staff of the Army. 
"(3) The Chief of Naval Operations. 
"(4) The Chief of Staff of the Air Force. 
"(5) The Commandant of the Marine Corps. 
"(b) FUNCTION AS MILITARY ADVISERS.—(1) The Chairman of 
the 
Joint Chiefs of Staff is the principal military adviser to the Presi-
dent, the National Security Council, and the Secretary of Defense. 
"(2) The other members of the Joint Chiefs of Staff are military 
advisers to the President, the National Security Council, and the 
Secretary of Defense as specified in subsections (d) and (e). 
"(c) CONSULTATION BY CHAIRMAN.—(1) In carrying out his func-
tions, duties, and responsibilities, the Chairman shall, as he consid-
ers appropriate, consult with and seek the advice of^ 
"(A) the other members of the Joint Chiefs of Staff; and 
"(B) the commanders of the unified and specified combatant 
commands. 
"(2) Subject to subsection (d), in presenting advice with respect to 
any matter to the President, the National Security Council, or the 
Secretary of Defense, the Chairman shall, as he considers appro-
priate, inform the President, the National Security Council, or the 
Secretary of Defense, as the case may be, of the range of military 
advice and opinion with respect to that matter. 
"(d) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN.— 
(1) A member of the Joint Chiefs of Staff (other than the Chairman) 
may submit to the Chairman advice or an opinion in disagreement 
with, or advice or an opinion in addition to, the advice presented by 
the Chairman to the President, the National Security Council, or 
the Secretary of Defense. If a member submits such advice or 
opinion, the Chairman shall present the advice or opinion of such 
member at the same time he presents his own advice to the Presi-
dent, the National Security Council, or the Secretary of Defense, as 
the case may be. 
"(2) The Chairman shall establish procedures to ensure that the 
presentation of his own advice to the President, the National Secu-
rity Council, or the Secretary of Defense is not unduly delayed by 
reason of the submission of the individual advice or opinion of 
another member of the Joint Chiefs of Staff. 
"(e) ADVICE ON REQUEST.—The members of the Joint Chiefs of 
Staff, individually or collectively, in their capacity as military advis-
ers, shall provide advice to the President, the National Security 
Council, or the Secretary of Defense on a particular matter when 
the President, the National Security Council, or the Secretary 
requests such advice. 
100 STAT. 1006 
PUBLIC LAW 99-433—OCT. 1, 1986 
"(f) RECOMMENDATIONS TO CONGRESS.—After first informing the 
Secretary of Defense, a member of the Joint Chiefs of Staff may 
make such recommendations to Congress relating to the Depart-
ment of Defense as he considers appropriate. 
"(g) MEETINGS OF JCS.—(1) The Chairman shall convene regular 
meetings of the Joint Chiefs of Staff. 
"(2) Subject to the authority, direction, and control of the Presi-
dent and the Secretary of Defense, the Chairman shall— 
"(A) preside over the Joint Chiefs of Staff; 
"(B) provide agenda for the meetings of the Joint Chiefs of 
Staff (including, as the Chairman considers appropriate, any 
subject for the agenda recommended by any other member of 
the Joint Chiefs of Staff); 
"(C) assist the Joint Chiefs of Staff in carrying on their 
business as promptly as practicable; and 
"(D) determine when issues under consideration by the Joint 
Chiefs of Staff shall be decided. 
10 use 152. 
"§ 152. Chairman: appointment; rank 
"(a) APPOINTMENT; TERM OF OFFICE.—(1) There is a Chairman of 
the Joint Chiefs of Staff, appointed by the President, by and with 
the advice and consent of the Senate, from the officers of the regular 
components of the armed forces. The Chairman serves at the pleas-
ure of the President for a term of two years, beginning on October 1 
of odd-numbered years. Subject to paragraph (3), an officer serving 
as Chairman may be reappointed in the same manner for two 
additional terms. However, in time of war there is no limit on the 
number of reappointments. 
"(2) In the event of the death, retirement, resignation, or reassign-
ment of the officer serving as Chairman before the end of the term 
for which the officer was appointed, an officer appointed to fill the 
vacancy shall serve as Chairman only for the remainder of the 
original term, but may be reappointed as provided in paragraph (1). 
"(3) An officer m ^ not serve as Chairman or Vice Chairman of 
the Joint Chiefs of Staff if the combined period of service of such 
officer in such positions exceeds six years. However, the President 
may extend to eight years the combined period of service an officer 
may serve in such positions if he determines such action is in the 
national interest. The limitations of this paragraph do not apply in 
time of war. 
"(b) REQUIREMENT FOR APPOINTMENT.—(1) The President may 
ap-
point an officer as Chairman of the Joint Chiefs of Staff only if the 
officer has served as— 
"(A) the Vice Chairman of the Joint Chiefs of Staff; 
"(B) the Chief of Staff of the Army, the Chief of Naval 
Operations, the Chief of Staff of the Air Force, or the Com-
mandant of the Marine Corps; or 
"(C) the commander of a unified or specified combatant 
command. 
"(2) The President may waive paragraph (1) in the case of an 
officer if the President determines such action is necessary in the 
national interest. 
"(c) GRADE AND RANK.—The Chairman, while so serving, holds the 
grade of general or, in the case of an officer of the Navy, admiral 
and outranks all other officers of the armed forces. However, he 
may not exercise military command over the Joint Chiefs of Staff or 
any of the armed forces. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1007 
"§ 153. Chairman: functions 
10 USC 153. 
"(a) PLANNING; ADVICE; POUCY FORMULATION.—Subject to the 
authority, direction, and control of the President and the Secretary 
of Defense, the Chairman of the Joint Chiefs of Staff shall be 
responsible for the following: 
"(1) STRATEGIC DIRECTION.—Assisting the President and the 
Secretary of Defense in providing for the strategic direction of 
the armed forces. 
"(2) STRATEGIC PLANNING.—(A) Preparing strategic plans, 
including plans which conform with resource levels projected by 
the Secretary of Defense to be available for the period of time 
for which the plans are to be effective. 
"(B) Preparing joint logistic and mobility plans to support 
those strategic plans and recommending the assignment of 
logistic and mobility responsibilities to the armed forces in 
accordance with those logistic and mobility plans. 
"(C) Performing net assessments to determine the capabilities 
of the armed forces of the United States and its allies as 
compared with those of their potential adversaries. 
"(3) CONTINGENCY PLANNING; PREPAREDNESS.—(A) Providing 
for the preparation and review of contingency plans which 
conform to policy guidance from the President and the Sec-
retary of Defense. 
"(B) Preparing joint logistic and mobility plans to support 
those contingency plans and recommending the assignment of 
logistic and mobility responsibilities to the armed forces in 
accordance with those logistic and mobility plans. 
"(C) Advising the Secretary on critical deficiencies and 
strengths in force capabilities (including manpower, logistic, 
and mobility support) identified during the preparation and 
review of contingency plans and assessing the effect of such 
deficiencies and strengths on meeting national security objec-
tives and policy and on strategic plans. 
"(D) Establishing and maintaining, after consultation with 
the commanders of the unified and specified combatant com-
mands, a uniform system of evaluating the preparedness of each 
such command to carry out missions assigned to the command. 
"(4) ADVICE ON REQUIREMENTS, PROGRAMS, AND BUDGET.—(A) 
Advising the Secretary, under section 163(b)(2) of this title, on 
the priorities of the requirements identified by the commanders 
of the unified and specified combatant commands. 
"(B) Advising the Secretary on the extent to which the pro-
gram recommendations and budget proposals of the military 
departments and other components of the Department of De-
fense for a fiscal year conform with the priorities established in 
strategic plans and with the priorities established for the 
requirements of the unified and specified combatant commands. 
"(C) Submitting to the Secretary alternative program rec-
ommendations and budget proposals, within projected resource 
levels and guidance provided by the Secretary, in order to 
achieve greater conformance with the priorities referred to in 
clause (B). 
"(D) Recommending to the Secretary, in accordance with 
section 166 of this title, a budget proposal for activities of each 
unified and specified combatant command. 
100 STAT. 1008 
PUBLIC LAW 99-433—OCT. 1, 1986 
"(E) Advising the Secretary on the extent to which the major 
programs and poHcies of the armed forces in the area of man-
power conform with strategic plans. 
"(F) Assessing military requirements for defense acquisition 
programs. 
"(5) DOCTRINE, TRAINING, AND EDUCATION.—(A) Developing 
doctrine for the joint employment of the armed forces. 
"(B) Formulating policies for the joint training of the armed 
forces. 
"(C) Formulating policies for coordinating the military edu-
cation and training of members of the armed forces. 
"(6) OTHER MATTERS.—(A) Providing for representation of the 
United States on the Military Staff Committee of the United 
Nations in accordance with the Charter of the United Nations. 
"(B) Performing such other duties as may be prescribed by 
law or by the President or the Secretary of Defense. 
"(b) REPORT ON ASSIGNMENT OF ROLES AND MISSIONS.—(1) Not less 
than once every three years, or upon the request of the President or 
the Secretary of Defense, the Chairman shall submit to the Sec-
retary of Defense a report containing such recommendations for 
changes in the assignment of functions (or roles and missions) to the 
armed forces as the Chairman considers necessary to achieve maxi-
mum effectiveness of the armed forces. In preparing each such 
report, the Chairman shall consider (among other matters) the 
following: 
"(A) Changes in the nature of the threats faced by the United 
States. 
"(B) Unnecessary duplication of effort among the armed 
forces. 
"(C) Changes in technology that can be applied effectively to 
warfare. 
"(2) The Chairman shall include in each such report recommenda-
tions for such changes in policies, directives, regulations, and legisla-
tion as may be necessary to achieve the changes in the assignment 
of functions recommended by the Chairman. 
10 use 154. 
"§ 154. Vice Chairman 
"(a) APPOINTMENT.—(1) There is a Vice Chairman of the Joint 
Chiefs of Staff, appointed by the President, by and with the advice 
and consent of the Senate, from the officers of the regular compo-
nents of the armed forces. 
"(2) The Chairman and Vice Chairman may not be members of 
the same armed force. However, the President may waive the 
restriction in the preceding sentence for a limited period of time in 
order to provide for the orderly transition of officers appointed to 
serve in the positions of Chairman and Vice Chairman. 
"(3) The Vice Chairman serves at the pleasure of the President for 
a term of two years and may be reappointed in the same manner for 
two additional terms. However, in time of war there is no limit on 
the number of reappointments. 
"(b) REQUIREMENT FOR APPOINTMENT.—(1) The President may ap-
point an officer as Vice Chairman of the Joint Chiefs of Staff only if 
the officer— 
"(A) has the joint specialty under section 661 of this title; and 
"(B) has served in at least one joint duty assignment (as 
defined under section 668(b) of this title) as a general or flag 
officer. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1009 
"(2) The President may waive paragraph (1) in the case of an 
officer if the President determines such action is necessary in the 
national interest. 
"(c) DUTIES.—The Vice Chairman performs such duties as may be 
prescribed by the Chairman with the approval of the Secretary of 
Defense. 
"(d) FUNCTION AS ACTING CHAIRMAN.—When there is a vacancy in 
the office of Chairman or in the absence or disability of the Chair-
man, the Vice Chairman acts as Chairman and performs the duties 
of the Chairman until a successor is appointed or the absence or 
disability ceases. 
"(e) SUCCESSION AFTER CHAIRMAN AND VICE CHAIRMAN.—When 
there is a vacancy in the offices of both Chairman and Vice Chair-
man or in the absence or disability of both the Chairman and the 
Vice Chairman, or when there is a vacancy in one such office and in 
the absence or disability of the officer holding the other, the Presi-
dent shall designate a member of the Joint Chiefs of Staff to act as 
and perform the duties of the Chairman until a successor to the 
Chairman or Vice Chairman is appointed or the absence or disabil-
ity of the Chairman or Vice Chairman ceases. 
"(f) PARTICIPATION IN J C S MEETINGS.—The Vice Chairman may 
participate in all meetings of the Joint Chiefs of Staff, but may not 
vote on a matter before the Joint Chiefs of Staff except when acting 
as Chairman. 
"(g) GRADE AND RANK.—The Vice Chairman, while so serving, 
holds the grade of general or, in the case of an officer of the Navy, 
admiral and outranks all other officers of the armed forces except 
the Chairman. The Vice Chairman may not exercise military com-
mand over the Joint Chiefs of Staff or any of the armed forces. 
"§ 155. Joint Staff 
lO use 155. 
"(a) APPOINTMENT OF OFFICERS TO JOINT STAFF.—(1) There is a 
Joint Staff under the Chairman of the Joint Chiefs of Staff. The 
Joint Staff assists the Chairman and, subject to the authority, 
direction, and control of the Chairman, the other members of the 
Joint Chiefs of Staff and the Vice Chairman in carrying out their 
responsibilities. 
"(2) Officers of the armed forces (other than the Coast Guard) 
assigned to serve on the Joint Staff shall be selected by the Chair-
man in approximately equal numbers from— 
"(A) the Army; 
"(B) the Navy and the Marine Corps; and 
"(C) the Air Force. 
"(3) Selection of officers of an armed force to serve on the Joint 
Staff shall be made by the Chairman from a list of officers submitted 
by the Secretary of the military department having jurisdiction over 
that armed force. Each officer whose name is submitted shall be 
among those officers considered to be the most outstanding officers 
of that armed force. The Chairman may specify the number of 
officers to be included on any such list. 
"(b) DIRECTOR.—The Chairman of the Joint Chiefs of Staff, after 
consultation with the other members of the Joint Chiefs of Staff and 
with the approval of the Secretary of Defense, may select an officer 
to serve as Director of the Joint Staff. 
"(c) MANAGEMENT OF JOINT STAFF.—The Chairman of the Joint 
Chiefs of Staff manages the Joint Staff and the Director of the Joint 
Staff. The Joint Staff shall perform such duties as the Chairman 
100 STAT. 1010 
PUBLIC LAW 99-433—OCT. 1, 1986 
prescribes and shall perform such duties under such procedures as 
the Chairman prescribes. 
"(d) OPERATION OF JOINT STAFF.—The Secretary of Defense shall 
ensure that the Joint Staff is independently organized and operated 
so that the Joint Staff supports the Chairman of the Joint Chiefs of 
Staff in meeting the congressional purpose set forth in the last 
clause of section 2 of the National Security Act of 1947 (50 U.S.C. 
401) to provide— 
"(1) for the unified strategic direction of the combatant forces; 
"(2) for their operation under unified command; and 
"(3) for their integration into an efficient team of land, naval, 
and air forces. 
"(e) PROHIBITION OF FUNCTION AS ARMED FORCES GENERAL 
STAFF.—The Joint Staff shall not operate or be organized as an 
overall Armed Forces General Staff and shall have no executive 
authority. The Joint Staff may be organized and may operate along 
conventional staff lines. 
"(f) TOUR OF DUTY OF JOINT STAFF OFFICERS.—(1) An officer who is 
assigned or detailed to permanent duty on the Joint Staff may not 
serve for a tour of duty of more than four years. However, such a 
tour of duty may be extended with the approval of the Secretary of 
Defense. 
"(2) In accordance with procedures established by the Secretary of 
Defense, the Chairman of the Joint Chiefs of Staff may suspend 
from duty and recommend the reassignment of any officer assigned 
to the Joint Staff. Upon receipt of such a recommendation, the 
Secretary concerned shall promptly reassign the officer. 
"(3) An officer completing a tour of duty with the Joint Staff may 
not be assigned or detailed to permanent duty on the Joint Staff 
within two years after relief from that duty except with the ap-
proval of the Secretary. 
"(4) Paragraphs (1) and (3) do not apply— 
"(A) in time of war; or 
"(B) during a national emergency declared by the President. 
"(g) LIMITATION ON SIZE OF JOINT STAFF.—(1) Effective on October 
1, 1988, the total number of members of the armed forces and 
civilian personnel assigned or detailed to permanent duty on the 
Joint Staff may not exceed 1,627. 
"(2) Paragraph (1) does not apply— 
"(A) in time of war; or 
"(B) during a national emergency declared by Congress. 
"(h) COMPOSITION OF JOINT STAFF.—(1) The Joint Staff is composed 
of all members of the armed forces and civilian employees assigned 
or detailed to permanent duty in the executive part of the Depart-
ment of Defense to perform the functions and duties prescribed 
under subsections (a) and (c). 
"(2) The Joint Staff does not include members of the armed forces 
or civilian employees assigned or detailed to permanent duty in a 
military department.". 
SEC. 202. PROVISIONS RELATING TO VICE CHAIRMAN 
(a) EXEMPTION OF VICE CHAIRMAN FROM 4-STAR GRADE LIMITA-
10 use 525. 
TiON.—Section 525(b)(3) is amended by inserting "or Vice Chairman" 
after "Chairman". 
(b) RANK OF VICE CHAIRMAN.—Section 743 is amended— 
(1) by striking out "and" after "Chief of Naval Operations,"; 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1011 
(2) by inserting ", and the Commandant of the Marine Corps" 
after "Air Force"; and 
(3) by inserting "and the Vice Chairman" after "Chairman". 
SEC. 203. PARTICIPATION IN NATIONAL SECURITY COUNCIL MEETINGS 
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is 
amended by adding at the end the following new subsection: 
"(e) The Chairman (or in his absence the Vice Chairman) of the 
Joint Chiefs of Staff may, in his role as principal military adviser to 
'' * 
the National Security Council and subject to the direction of the 
President, attend and participate in meetings of the National Secu-
rity Council.". 
SEC. 204. TRANSITION 
(a) PREPAREDNESS EVALUATION SYSTEM.—The uniform system of 
iousci53note. 
evaluating the preparedness of each unified and specified combatant 
command required to be established by paragraph (3XD) of section 
153(a) of title 10, United States Code, as added by section 201 of this 
Act, shall be established not later than one year after the date of the 
enactment of this Act. 
(b) DATE FOR FIRST REPORT.—The first report under section 153(b) 
10 USC153 note. 
of title 10, United States Code, as added by section 201 of this Act, 
shall be submitted by the Chairman of the Joint Chiefs of Staff not 
later than two years after the date of the enactment of this Act. 
(c) WAIVER OF QUAUFICATIONS FOR APPOINTMENT AS VICE CHAIR- 
ID use 154 note. 
MAN OF JCS.—(1) The President may waive, as provided in para-
graph (2), the requirements provided for in section 154(b) of title 10, 
United States Code (as added by section 201 of this Act), relating to 
requirements for appointment of an officer as Vice Chairman of the 
Joint Chiefs of Staff. 
(2) In exercising such waiver authority, the President may— 
(A) waive the requirement that the officer have the joint 
specialty; 
(B) waive the requirement under section 664 of such title (as 
added by section 401 of this Act) for the length of a joint duty 
assignment if the officer has served in such an assignment for 
not less than two years; and 
(C) consider as a joint duty assignment any tour of duty 
- 
served by the officer as a general or flag officer before the date 
of the enactment of this Act (or being served on the date of the 
enactment of this Act) that was considered to be a joint duty 
assignment or a joint equivalent assignment under regulations 
in effect at the time the assignment began. 
(3XA) A waiver under paragraph (2XA) may not be made more 
than two years after the date of the enactment of this Act. 
(B) A waiver under paragraph (2XB) or (2XC) may not be made 
more than four years after the date of the enactment of this Act. 
PART B—COMBATANT COMMANDS 
SEC. 211. ESTABLISHMENT OF COMBATANT COMMANDS AND AUTHORITY 
OF COMMANDERS 
(a) IN GENERAL.—Part I of subtitle A is amended by inserting after 
lo use loi et 
chapter 5 the following new chapter: 
seq. 
100 STAT. 1012 
PUBLIC LAW 99-433—OCT. 1, 1986 
"CHAPTER 6—COMBATANT COMMANDS 
"Sec. 
"161. Combatant commands: establishment. 
"162. Combatant commands: assigned forces; chain of command. 
. 
"163. Role of Chairman of Joint Chiefs of Staff. 
"164. Commanders of combatant commands: assignment; powers and duties. 
"165. Combatant commands: administration and support. 
"166. Combatant commands: budget proposals. 
10 use 161. 
"§ 161. Combatant commands: establishment 
President of U.S. 
"(a) UNIFIED AND SPECIFIED COMBATANT COMMANDS.—With the 
advice and assistance of the Chairman of the Joint Chiefs of Staff, 
the President, through the Secretary of Defense, shall— 
"(1) establish unified combatant commands and specified 
combatant commands to perform military missions; and 
"(2) prescribe the force structure of those commands. 
"(b) PERIODIC REVIEW.—(1) The Chairman periodically (and not 
less often than every two years) shall— 
"(A) review the missions, responsibilities (including geo-
graphic boundaries), and force structure of each combatant 
command; and 
"(B) recommend to the President, through the Secretary of 
Defense, any changes to such missions, responsibilities, and 
force structures as may be necessary. 
President of U.S. 
"(2) Except during time of hostilities or imminent threat of hos-
tilities, the President shall notify Congress not more than 60 days 
after— 
"(A) establishing a new combatant command; or 
"(B) significantly revising the missions, responsibilities, or 
force structure of an existing combatant command. 
"(c) DEFINITIONS.—In this chapter: 
"(1) The term 'unified combatant command' means a military 
command which has broad, continuing missions and which is 
composed of forces from two or more militarv departments. 
"(2) The term 'specified combatant command means a mili-
tary command which has broad, continuing missions and which 
is normally composed of forces from a single military depart-
ment. 
"(3) The term 'combatant command' means a unified combat-
ant command or a specified combatant command. 
"§ 162. Combatant commands: assigned forces; chain of command 
"(a) ASSIGNMENT OF FORCES.—(1) Except as provided in paragraph 
(2), the Secretaries of the military departments shall assign all 
forces under their jurisdiction to unified and specified combatant 
commands to perform missions Eissigned to those commands. Such 
assignments shall be made as directed by the Secretary of Defense, 
including direction as to the command to which forces are to be 
assigned. The Secretary of Defense shall ensure that such assign-
ments are consistent with the force structure prescribed by the 
President for each combatant command. 
"(2) Except as otherwise directed by the Secretary of Defense, 
forces to be assigned by the Secretaries of the military departments 
to the combatant commands under paragraph (1) do not include 
forces assigned to carry out functions of the Secretary of a military 
department listed in sections 3013(b), 5013(b), and 8013(b) of this 
title. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1013 
"(3) A force assigned to a combatant command under this section 
may be transferred from the command to which it is assigned only— 
"(A) by authority of the Secretary of Defense; and 
"(B) under procedures prescribed by the Secretary and ap-
proved by the President. 
"(4) Except as otherwise directed by the Secretary of Defense, all 
forces operating within the geographic area assigned to a unified 
combatant command shall be assigned to, and under the command 
of, the commander of that command. The preceding sentence applies 
to forces assigned to a specified combatant command only as pre-
scribed by the Secretary of Defense. 
"(b) CHAIN OF COMMAND.—Unless otherwise directed by the Presi-
dent, the chain of command to a unified or specified combatant 
command runs— 
"(1) from the President to the Secretary of Defense; and 
"(2) from the Secretary of Defense to the commander of the 
combatant command. 
"§ 163. Role of Chairman of Joint Chiefs of Staff 
10 use 163. 
"(a) COMMUNICATIONS THROUGH CHAIRMAN OF J C S ; ASSIGNMENT 
OF DUTIES.—Subject to the limitations in section 152(c) of this title, 
the President may— 
"(1) direct that communications between the President or the 
Secretary of Defense and the commanders of the unified and 
specified combatant commands be transmitted through the 
Chairman of the Joint Chiefs of Staff; and 
"(2) assign duties to the Chairman to assist the President and 
the Secretary of Defense in performing their command function. 
"(b) OVERSIGHT BY CHAIRMAN OF JOINT CHIEFS OF STAFF.—(1) The 
Secretary of Defense may assign to the Chairman of the Joint Chiefs 
of Staff responsibility for overseeing the activities of the combatant 
commands. Such assignment by the Secretary to the Chairman does 
not confer any command authority on the Chairman and does not 
alter the responsibility of the commanders of the combatant com-
mands prescribed in section 164(bX2) of this title. 
"(2) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Chairman of the Joint Chiefs of Staff serves as 
the spokesman for the commanders of the combatant commands, 
especially on the operational requirements of their commands. In 
performing such function, the Chairman shall— 
"(A) confer with and obtain information from the com-
manders of the combatant commands with respect to the 
requirements of their commands; 
"(B) evaluate and integrate such information; 
"(C) advise and make recommendations to the Secretary of 
Defense with respect to the requirements of the combatant 
commands, individually and collectively; and 
"(D) communicate, as appropriate, the requirements of the 
combatant commands to other elements of the Department of 
Defense. 
"§ 164. Commanders of combatant commands: assignment; powers 
and duties 
"(a) ASSIGNMENT AS COMBATANT COMMANDER.—(1) The President 
may assign an officer to serve as the commander of a unified or 
specified combatant command only if the officer— 
"(A) h£is the joint specialty under section 661 of this title; and 
100 STAT. 1014 
PUBLIC LAW 99-433—OCT. 1, 1986 
"(B) has served in at least one joint duty assignment (as 
defined under section 668(b) of this title) as a general or flag 
officer. 
"(2) The President may waive paragraph (1) in the case of an 
officer if the President determines that such action is necessary in 
the national interest. 
"(b) RESPONSIBILITIES OF COMBATANT COMMANDERS.—(1) The com-
mander of a combatant command is responsible to the President and 
to the Secretary of Defense for the performance of missions assigned 
to that command by the President or by the Secretary with the 
approval of the President. 
"(2) Subject to the direction of the President, the commander of a 
combatant command— 
"(A) performs his duties under the authority, direction, and 
control of the Secretary of Defense; and 
"(B) is directly responsible to the Secretary for the prepared-
ness of the command to carry out missions assigned to the 
command. 
"(c) 
COMMAND AUTHORITY OF COMBATANT 
COMMANDERS.—(1) 
Unless otherwise directed by the President or the Secretary of 
Defense, the authority, direction, and control of the commander of a 
combatant command with respect to the commands and forces 
assigned to that command include the command functions o
f
— 
"(A) giving authoritative direction to subordinate commands 
and forces necessary to carry out missions assigned to the 
command, including authoritative direction over all aspects of 
military operations, joint training, and logistics; 
"(B) prescribing the chain of command to the commands and 
forces within the command; 
"(C) organizing commands and forces within that command as 
he considers necessary to carry out missions assigned to the 
command; 
"(D) employing forces within that command as he considers 
necessary to carry out missions assigned to the command; 
"(E) assigning command functions to subordinate com-
manders; 
"(F) coordinating and approving those aspects of administra-
tion and support (including control of resources and equipment, 
internal organization, and training) and discipline necessary to 
carry out missions assigned to the' command; and 
"(G) exercising the authority with respect to selecting 
subordinate commanders, selecting combatant command staf^ 
suspending subordinates, and convening courts-martial, as pro-
vided in subsections (e), (f), and (g) of this section and section 
822(a) of this title, respectively. 
"(2)(A) The Secretary of Defense shall ensure that a commander of 
a combatant command has sufficient authority, direction, and con-
trol over the commands and forces assigned to the command to 
exercise effective command over those commands and forces. In 
carrying out this subparagraph, the Secretary shall consult with the 
Chairman of the Joint Chiefs of Staff. 
"(B) The Secretary shall periodically review and, after consulta-
tion with the Secretaries of the military departments, the Chairman 
of the Joint Chiefs of Staff, and the commander of the combatant 
command, assign authority to the commander of the combatant 
command for those aspects of administration and support that the 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1015 
Secretary considers necessary to carry out missions assigned to the 
command. 
"(3) If a commander of a combatant command at any time consid-
ers his authority, direction, or control with respect to any of the 
commands or forces assigned to the command to be insufficient to 
command effectively, the commander shall promptly inform the 
Secretary of Defense. 
"(d) AUTHORITY OVER SUBORDINATE COMMANDERS.—Unless other-
wise directed by the President or the Secretary of Defense— 
\ i 
"(1) commanders of commands and forces assigned to a 
combatant command are under the authority, direction, and 
i 
control of, and are responsible to, the commander of the combat-
ant command on all matters for which the commander of the 
i 
combatant command has been assigned authority under subsec-
tion (c); 
» 
"(2) the commander of a command or force referred to in 
clause (1) shall communicate with other elements of the Depart-
ment of Defense on any matter for which the commander of the 
combatant command has been assigned authority under subsec-
tion (c) in accordance with procedures, if any, established by the 
commander of the combatant command; 
f' 
"(3) other elements of the Department of Defense shall 
communicate with the commander of a command or force re-
ferred to in clause (1) on any matter for which the commander 
of the combatant command has been assigned authority under 
subsection (c) in accordance with procedures, if any, established 
by the commander of the combatant command; and 
"(4) if directed by the commander of the combatant command, 
b 
the commander of a command or force referred to in clause (1) 
shall advise the commander of the combatant command of all 
communications to and from other elements of the Department 
of Defense on any matter for which the commander of the 
combatant command has not been assigned authority under 
subsection (c). 
"(e) SELECTION OF SUBORDINATE COMMANDERS.—(1) An officer may 
be assigned to a position as the commander of a command directly 
subordinate to the commander of a combatant command or, in the 
CEise of such a position that is designated under section 601 of this 
title as a position of importance and responsibility, may be rec- 
10 use 601. 
ommended to the President for assignment to that position, only— 
"(A) with the concurrence of the commander of the combatant 
command; and 
"(B) in accordance with procedures established by the Sec-
retary of Defense. 
"(2) The Secretary of Defense may waive the requirement under 
paragraph (1) for the concurrence of the commander of a combatant 
command with regard to the assignment (or recommendation for 
assignment) of a particular officer if the Secretary of Defense deter-
mines that such action is in the national interest. 
"(3) The commander of a combatant command shall— 
"(A) evaluate the duty performance of each commander of a 
command directly subordinate to the commander of such 
combatant command; and 
"(B) submit the evaluation to the Secretary of the military 
s 
department concerned and the Chairman of the Joint Chiefs of 
Staff. 
100 STAT. 1016 
PUBLIC LAW 99-433—OCT. 1, 1986 
"(f) COMBATANT COMMAND STAFF.—(1) Each unified and specified 
combatant command shall have a staff to assist the commander of 
the command in carrying out his responsibilities. Positions of 
responsibility on the combatant command staff shall be filled by 
officers from each of the armed forces having significant forces 
assigned to the command. 
"(2) An officer may be assigned to a position on the staff of a 
combatant command or, in the case of such a position that is 
10 use 601. 
designated under section 601 of this title as a position of importance 
and responsibility, may be recommended to the President for assign-
ment to that position, only— 
"(A) with the concurrence of the commander of such com-
mand; and 
"(B) in accordance with procedures established by the 
Secretary of Defense. 
"(3) The Secretary of Defense may waive the requirement under 
paragraph (2) for the concurrence of the commander of a combatant 
command with regard to the assignment (or recommendation for 
assignment) of a particular officer to serve on the staff of the 
combatant command if the Secretary of Defense determines that 
such action is in the national interest. 
"(g) AUTHORITY To SUSPEND SUBORDINATES.—In accordance with 
procedures established by the Secretary of Defense, the commander 
of a combatant command may suspend from duty and recommend 
the reassignment of any officer assigned to such combatant 
command. 
"§ 165. Combatant commands: administration and support 
"(a) IN GENERAL.—The Secretary of Defense, with the advice and 
assistance of the Chairman of the Joint Chiefs of Staff, shall provide 
for the administration and support of forces assigned to each 
combatant command. 
"(b) RESPONSIBILITY OF SECRETARIES OF MIUTARY DEPARTMENTS.— 
Subject to the authority, direction, and control of the Secretary of 
Defense and subject to the authority of commanders of the combat-
ant commands under section 164(c) of this title, the Secretary of a 
military department is responsible for the administration and sup-
port of forces assigned by him to a combatant command. 
"(c) ASSIGNMENT OF RESPONSIBILITY TO OTHER COMPONENTS OF 
DOD.—After consultation with the Secretaries of the military 
departments, the Secretary of Defense may assign the responsibility 
(or any part of the responsibility) for the administration and support 
of forces assigned to the combatant commands to other components 
of the Department of Defense (including Defense Agencies and 
combatant commands). A component assigned such a responsibility 
shall discharge that responsibility subject to the authority, direc-
tion, and control of the Secretary of Defense and subject to the 
authority of commanders of the combatant commands under section 
164(c) of this title. 
"§ 166. Combatant commands: budget proposals 
"(a) COMBATANT COMMAND BUDGETS.—The Secretary of Defense 
shall include in the annual budget of the Department of Defense 
submitted to Congress a separate budget proposal for such activities 
of each of the unified and specified combatant commands as may be 
determined under subsection (b). 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1017 
"(b) CONTENT OF PROPOSALS.—A budget proposal under subsection 
(a) for funding of activities of a combatant command shall include 
funding proposals for such activities of the combatant command as 
the Secretary (after consultation with the Chairman of the Joint 
Chiefs of Staff) determines to be appropriate for inclusion. Activities 
of a combatant command for which funding may be requested in 
such a proposal include the following: 
"(1) Joint exercises. 
"(2) Force training. 
"(3) Contingencies. 
"(4) Selected operations.". 
(b) COURT-MARTIAL JURISDICTION.—Section 822(a) (article 22(a) of 
the Uniform Code of Military Justice) is amended— 
lO use 822. 
(1) by redesignating paragraphs (2) through (7) as paragraphs 
(4) through (9), respectively; and 
(2) by inserting after paragraph (1) the following new para- 
;*; i-u 
graphs (2) and (3): 
"(2) the Secretary of Defense; 
"(3) the commanding officer of a unified or specified com-
batant command;". 
(c) REPEAL OF SECTION 124.—(1) Section 124 is repealed. 
(2) The table of sections at the beginning of chapter 3 is amended 
^ . ^ 
by striking out the item relating to that section. 
''^"''"""' 
SEC. 212. INITIAL REVIEW OF COMBATANT COMMANDS 
10 USC 161 note. 
(a) MATTERS To BE CONSIDERED.—The first review of the missions, 
responsibilities (including geographic boundaries), and force struc-
ture of the unified and specified combatant commands under section 
161(b) of title 10, United States Code, as added by section 211 of this 
Act, shall include consideration of the following: 
^,, >
^
. 
(1) Creation of a unified combatant command for strategic 
missions which would combine— 
(A) the missions, responsibilities, and forces of the Strate-
gic Air Command; 
, 
,^ 
(B) the strategic missions, responsibilities, and forces of 
the Army and Navy; and 
(C) other appropriate strategic missions, responsibilities, 
and forces of the warmed forces. 
(2) Creation of a unified combatant command for special 
operations missions which would combine the special operations 
missions, responsibilities, and forces of the armed forces. 
(3) Creation of a unified combatant command for transpor-
tation missions which would combine the transportation mis-
sions, responsibilities, and forces of the Military 
Traffic 
Management Command, the Military Sealift Command, and the 
Military Airlift Command. 
(4) Creation of a unified combatant command for missions 
Asia. 
relating to defense of Northeast Asia. 
(5) Revision of the geographic area for which the United 
States Central Command has responsibility so as to include— 
(A) the ocean areas adjacent to Southwest Asia; and Asia. 
(B) the region of the Middle East that is assigned to the Middle East. 
United States European Command. 
(6) Revision of the geographic area for which the United 
Central 
States Southern Command has responsibility so as to include 
America. 
the ocean areas adjacent to Central America. 
100 STAT. 1018 
PUBLIC LAW 99-433—OCT. 1, 1986 
Alaska. 
Reports. 
10 u s e 133 note. 
10 u s e 162 note. 
10 u s e 164 note. 
(7) Revision of the geographic area for which the United 
States Pacific Command has responsibility so as to include all of 
the State of Alaska. 
(8) Revision of the missions and responsibilities of the United 
States Readiness Command so as to include— 
(A) an enhanced role in securing the borders of the 
United States; and 
(B) assignment of regions of the world not assigned as 
part of the geographic area of responsibility of any other 
unified combatant command. 
(9) Revision of the division of missions and responsibilities 
between the United States Central Command and the United 
States Readiness Command. 
(10) Elimination of the command designated as United States 
Forces, Caribbean. 
(b) DEADLINE.—The first report to the President under such sec-
tion shall be made not later than one year after the date of the 
enactment of this Act. 
SEC. 213. REPEAL OF CERTAIN LIMITATIONS ON COMMAND STRUCTURE 
(a) PROHIBITION AGAINST CONSOLIDATING FUNCTIONS OF THE MILI-
TARY TRANSPORTATION COMMANDS.—Section 1110 of the Department 
of Defense Authorization Act, 1983 (Public Law 97-252; 96 Stat. 747), 
is repealed. 
(b) PROHIBITION AGAINST ALTERING COMMAND STRUCTURE FOR 
MILITARY FORCES IN ALASKA.—Section 8106 of the Department of 
Defense Appropriations Act, 1986 (as contained in section 101(b) of 
Public Law 99-190 (99 Stat. 1221)), is repealed. 
SEC. 214. TRANSITION 
(a) ASSIGNMENT OF FORCES TO COMBATANT COMMANDS.—Section 
162(a) of title 10, United States Code (as added by section 211 of this 
Act), shall be implemented not later than 90 days after the date of 
the enactment of this Act. 
(b) WAIVER OF QUALIFICATIONS FOR ASSIGNMENT AS COMBATANT 
COMMANDER.—(1) The President may waive, as provided in para-
graph (2), the requirements provided for in section 164(a) of title 10, 
United States Code (as added by section 201 of this Act), relating to 
the assignment of commanders of the combatant commands. 
(2) In exercising such waiver authority, the President may, in the 
case of any officer— 
(A) waive the requirement that the officer have the joint 
specialty; 
(B) waive the requirement under section 664 of such title (as 
added by section 401 of this Act) for the length of a joint duty 
assignment if the officer has served in such an assignment for 
not less than two years; and 
(C) consider as a joint duty assignment any tour of duty 
served by the officer as a general or flag officer before the date 
of the enactment of this Act (or being served on the date of the 
enactment of this Act) that was considered to be a joint duty 
assignment or a joint equivalent assignment under regulations 
in effect at the time the assignment began. 
(3)(A) A waiver under paragraph (2)(A) may not be made more 
than two years after the date of the enactment of this Act. 
(B) A waiver under paragraph (2XB) or (2)(C) may not be made 
more than four years after the date of the enactment of this Act. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1019 
(4) A waiver under this subsection may be made only on a case-by-
case basis. 
(c) SELECTION AND SUSPENSION FROM DUTY OF SUBORDINATE OFFI-
CERS.—Subsections (e), (f), and (g) of section 164 of title 10, United 
States Code (as added by section 211 of this Act), shall take effect at 
the end of the 90-day period beginning on the date of the enactment 
of this Act, or on such earlier date as may be prescribed by the 
Secretary of Defense. 
(d) BUDGET PROPOSALS.—Section 166 of title 10, United States Code 
(as added by section 211 of this Act), shall take effect with budget 
proposals for fiscal year 1989. 
Effective date. 
10 u s e 164 note. 
Effective date. 
10 u s e 166 note. 
TITLE III—DEFENSE AGENCIES AND DEPARTMENT OF 
DEFENSE FIELD ACTIVITIES 
SEC. 301. ESTABLISHMENT AND MANAGEMENT OF DEFENSE AGENCIES 
AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES 
(a) IN GENERAL.—Chapter 8 is amended— 
(1) by redesignating section 191 as section 201; and 
(2) by striking out the chapter heading and the table of 
sections at the beginning of such chapter and inserting in lieu 
thereof the following: 
"CHAPTER 8—DEFENSE AGENCIES AND DEPARTMENT OF 
DEFENSE FIELD ACTIVITIES 
"Subchapter 
Sec. 
" I. Common Supply and Service Activities 
191 
"II. Miscellaneous Defense Agency Matters 
201 
'Sec. 
'191. 
'192. 
'193. 
'194. 
"SUBCHAPTER I—COMMON SUPPLY AND SERVICE 
ACTIVITIES 
Secretary of Defense: authority to provide for common performance of supply 
or service activities. 
Defense Agencies and Department of Defense Field Activities: oversight by 
the Secretary of Defense. 
Combat support agencies: oversight. 
Limitations on personnel. 
"§ 191. Secretary of Defense: authority to provide for common 
performance of supply or service activities 
"(a) AUTHORITY.—Whenever the Secretary of Defense determines 
such action would be more effective, economical, or efficient, the 
Secretary may provide for the performance of a supply or service 
activity that is common to more than one military department by a 
single agency of the Department of Defense. 
"(b) DESIGNATION OF COMMON SUPPLY OR SERVICE AGENCY.—Any 
agency of the Department of Defense established under subsection 
(a) (or under the second sentence of section 125(d) of this title (as in 
effect before the date of the enactment of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986)) for the perform-
ance of a supply or service activity referred to in such subsection 
shall be designated as a Defense Agency or a Department of Defense 
Field Activity. 
10 u s e 191. 
100 STAT. 1020 
PUBLIC LAW 99-433—OCT. 1, 1986 
10 use 192. 
"§ 192. Defense Agencies and Department of Defense Field Activi-
ties: oversight by the Secretary of Defense 
"(a) OVERALL SUPERVISION.—(1) The Secretary of Defense shall 
assign responsibility for the overall supervision of each Defense 
Agency and Department of Defense Field Activity designated under 
section 191(b) of this title— 
"(A) to a civilian officer within the Office of the Secretary of 
Defense listed in section 131(b) of this title; or 
"(B) to the Chairman of the Joint Chiefs of Staff. 
"(2) An official assigned such a responsibility with respect to a 
Defense Agency or Department of Defense Field Activity shall 
advise the Secretary of Defense on the extent to which the program 
recommendations and budget proposals of such agency or activity 
conform with the requirements of the military departments and of 
the unified and specified combatant commands. 
"(3) This subsection does not apply to the Defense Intelligence 
Agency or the National Security Agency. 
"(b) PROGRAM AND BUDGET REVIEW.—The Secretary of Defense 
shall establish procedures to ensure that there is full and effective 
review of the program recommendations and budget proposals of 
each Defense Agency and Department of Defense Field Activity. 
"(c) PERIODIC REVIEW.—(1) Periodically (and not less often than 
every two years), the Secretary of Defense shall review the services 
and supplies provided by each Defense Agency and Department of 
Defense Field Activity to ensure that— 
"(A) there is a continuing need for each such agency and 
activity; and 
"(B) the provision of those services and supplies by each such 
agency and activity, rather than by the military departments, is 
a more effective, economical, or efficient manner of providing 
those services and supplies or of meeting the requirements for 
combat readiness of the armed forces. 
"(2) Paragraph (1) shall apply to the National Security Agency as 
determined appropriate by the Secretary, in consultation with the 
Director of Central Intelligence. The Secretary shall establish proce-
dures under which information required for review of the National 
Security Agency shall be obtained. 
"§ 193. Combat support agencies: oversight 
Reports. 
, M 
"(a) COMBAT READINESS.—(1) Periodically (and not less often than 
every two years), the Chairman of the Joint Chiefs of Staff shall 
submit to the Secretary of Defense a report on the combat support 
agencies. Each such report shall include— 
"(A) a determination with respect to the responsiveness and 
readiness of each such agency to support operating forces in the 
event of a war or threat to national security; and 
"(B) any recommendations that the Chairman considers 
appropriate. 
"(2) In preparing each such report, the Chairman shall review the 
plans of each such agency with respect to its support of operating 
forces in the event of a war or threat to national security. After 
consultation with the Secretaries of the military departments and 
the commanders of the unified and specified combatant commands, 
as appropriate, the Chairman may, with the approval of the Sec-
retary of Defense, take steps to provide for any revision of those 
plans that the Chairman considers appropriate. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1021 
"(b) PARTICIPATION IN JOINT TRAINING EXERCISES.—The Chairman 
shall— 
"(1) provide for the participation of the combat support agen-
cies in joint training exercises to the extent necessary to ensure 
that those agencies are capable of performing their support 
missions with respect to a war or threat to national security; 
and 
"(2) assess the performance in joint training exercises of each 
such agency and, in accordance with guidelines established by 
the Secretary of Defense, take steps to provide for any change 
that the Chairman considers appropriate to improve that 
performance. 
"(c) READINESS REPORTING SYSTEM.—The Chairman shall develop. Reports. 
in consultation with the director of each combat support agency, a 
uniform system for reporting to the Secretary of Defense, the 
commanders of the unified and specified combatant commands, and 
the Secretaries of the military departments concerning the readi-
ness of each such agency to perform with respect to a war or threat 
to national security. 
"(d) REVIEW OF NATIONAL SECURITY AGENCY.—(1) Subsections (a), 
(b), and (c) shall apply to the National Security Agency, but only 
with respect to combat support functions the Agency performs for 
the Department of Defense. 
"(2) The Secretary, after consulting with the Director of Central 
Intelligence, shall establish policies and procedures with respect to 
the application of subsections (a), (b), and (c) to the National Security 
Agency. 
"(e) COMBAT SUPPORT CAPABILITIES OF D I A AND NSA.—The Sec-
retary of Defense, in consultation with the Director of Central 
•'^' ' **«^ 
Intelligence, shall develop and implement, as they may determine to 
be necessary, policies and programs to correct such deficiencies as 
the Chairman of the Joint Chiefs of Staff and other officials of the 
Department of Defense may identify in the capabilities of the 
Defense Intelligence Agency and the National Security Agency to 
accomplish assigned missions in support of military combat 
operations. 
"(f) DEFINITION OF COMBAT SUPPORT AGENCY.—In this section, the 
term 'combat support agency' means any of the following Defense 
Agencies: 
"(1) The Defense Communications Agency. 
"(2) The Defense Intelligence Agency. 
"(3) The Defense Logistics Agency. 
"(4) The Defense Mapping Agency. 
"(5) Any other Defense Agency designated- as a combat sup-
port agency by the Secretary of Defense. 
"§ 194. Limitations on personnel 
10 USC 194. 
"(a) CAP ON HEADQUARTERS MANAGEMENT PERSONNEL.—After 
September 30, 1989, the total number of members of the armed 
forces and civilian employees assigned or detailed to permanent 
duty in the management headquarters activities or management 
headquarters support activities in the Defense Agencies and Depart-
ment of Defense Field Activities may not exceed the number that is 
the number of such members and employees assigned or detailed to 
such duty on September 30,1989. 
"(b) CAP ON OTHER PERSONNEL.—After September 30, 1989, the 
total number of members of the armed forces and civilian employees 
100 STAT. 1022 
PUBLIC LAW 99-433—OCT. 1, 1986 
assigned or detailed to permanent duty in the Defense Agencies and 
Department of Defense Field Activities, other than members and 
employees assigned to management headquarters activities or 
management headquarters support activities, may not exceed the 
number that is the number of such members and employees as-
signed or detailed to such duty on September 30,1989. 
"(c) PROHIBITION AGAINST CERTAIN ACTIONS TO EXCEED LIMITA-
TIONS.—The limitations in subsections (a) and (b) may not be ex-
ceeded by recategorizing or redefining duties, functions, offices, or 
organizations. 
"(d) EXCLUSION OF NSA.—The National Security Agency shall be 
excluded in computing and maintaining the limitations required by 
q I this section. 
"(e) WAIVER.—The limitations in this section do not apply— 
"(1) in time of war; or 
"(2) during a national emergency declared by Congress. 
"(f) DEFINITIONS.—In this section, the terms 'management head-
quarters activities' and 'management headquarters support activi-
ties' have the meanings given those terms in Department of Defense 
Directive 5100.73, entitled 'Department of Defense Management 
Headquarters and Headquarters Support Activities' and dated Janu-
ary?, 1985. 
. , 
"SUBCHAPTER 
II—MISCELLANEOUS 
DEFENSE 
AGENCY 
MATTERS 
"Sec. 
"201. Unauthorized use of Defense Intelligence Agency name, initials, or seal.". 
Ante, p. 996. 
(b) CONFORMING AMENDMENTS.—(1) Section 125 is amended by 
striking out subsection (d). 
Ante, p. 996; 
(2) Subsection (cX2) of section 113 (as redesignated by section 
post, p. 1075. 
101(a)) is amended by striking out "section 125" and inserting in lieu 
thereof "sections 125 and 19r'. 
SEC. 302. DEFINITIONS OF DEFENSE AGENCY AND DEPARTMENT OF DE-
FENSE FIELD ACTIVITY 
Ante, p. 703. 
Section 101 is amended by adding at the end the following new 
paragraphs: 
"(44) 'Defense Agency' means an organizational entity of the 
Department of Defense— 
"(A) that is established by the Secretary of Defense under 
section 191 of this title (or under the second sentence of 
section 125(d) of this title (as in effect before the date of the 
^.. 
enactment of the Goldwater-Nichols Department of Defense 
Reorganization Act of 1986)) to perform a supply or service 
activity common to more than one military department 
;. f BlJOf 
(other than such an entity that is designated by the Sec-
I *
^ 
retary as a Department of Defense Field Activity); or 
"(B) that is designated by the Secretary of Defense as a 
Defense Agency. 
"(45) 'Department of Defense Field Activity' means an 
organizational entity of the Department of Defense— 
"(A) that is established by the Secretary of Defense under 
section 191 of this title (or under the second sentence of 
section 125(d) of this title (as in effect before the date of the 
sii 
enactment of the Goldwater-Nichols Department of Defense 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1023 
Reorganization Act of 1986)) to perform a supply or service 
activity common to more than one military department; 
and 
"(B) that is designated by the Secretary of Defense as a 
•^^ 
Department of Defense Field Activity.". 
SEC. 303. REASSESSMENT OF DEFENSE AGENCIES AND DOD FIELD 
10 USC191 note. 
ACTIVITIES 
(a) SECRETARY OF DEFENSE.—(1) The Secretary of Defense shall 
conduct a study of the functions and organizational structure of the 
Defense Agencies and Department of Defense Field Activities. The 
study shall determine the most effective, economical, or efficient 
means of providing supply or service activities common to more 
than one military department, after considering the matters set 
forth in subsection (d) and the reports submitted under subsec-
tion (b). 
(2) To the extent that the most effective, economical, or efficient 
means of providing those activities is determined under paragraph 
(1) to be the existing Defense Agency and Department of Defense 
Field Activity structure, the study shall analyze methods to improve 
the performance and responsiveness of Defense Agencies and 
Department of Defense Field Activities with respect to the entities 
to which they provide supplies and services, particularly with 
regard to the unified and specified combatant commands. 
(b) SERVICE SECRETARIES AND CHAIRMAN OF THE JCS.—The Sec-
retaries of the military departments and the Chairman of the Joint 
Chiefs of Staff shall each conduct a study of the functions and 
organizational structure of the Defense Agencies and Department of 
Defense Field Activities. The Secretaries and Chairman shall each Reports. 
submit a report to the Secretary of Defense on such study at a time 
specified by the Secretary. Each such report shall include a discus-
sion of and recommendations concerning each matter set forth in 
subsection (d). 
(c) NATIONAL SECURITY AGENCY.—This section shall apply to the 
National Security Agency as determined appropriate by the Sec-
retary of Defense, in consultation with the Director of Central 
Intelligence. The Secretary shall establish procedures under which 
information required for review of the National Security Agency 
shall be obtained. 
(d) MATTERS CONSIDERED.—The studies required by subsections (a) 
and (b) shall consider the following matters: 
(1) Whether the existing allocation of functions to, and 
organizational structure of, the Defense Agencies and Depart-
ment of Defense Field Activities meet the statutory require-
ment of providing a supply or service activity common to more 
than one military department in a more effective, economical, 
or efficient manner. 
(2) Alternative allocations of authority and functions assigned 
to the Defense Agencies and Department of Defense Field 
Activities, including— 
(A) various possible redistributions of responsibilities 
among those agencies and activities; 
(B) transfer of the responsibility for those functions to— 
(i) the Secretaries of the military departments; 
(ii) the appropriate officers in the Office of the Sec- 
' ^ > 
retary of Defense; 
(iii) the Chairman of the Joint Chiefs of Staff; or 
100 STAT. 1024 
PUBLIC LAW 99-433—OCT. 1, 1986 
(iv) the commanders of unified or specified combatant 
commands; 
(C) creation of new Defense Agencies or Department of 
Defense Field Activities; 
(D) consolidation of two or more such agencies and 
activities; 
' ' 
' 
(E) elimination of any such agency or activity; and 
(F) other organizational changes in the Department of 
Defense designed to make the performance of those func-
tions more effective, economical, or efficient. 
(3) Whether the requirements of the amendments made by 
section 301 will have the effect of ensuring the readiness and 
responsiveness of the Defense Agencies in the event of a war or 
threat to national security and whether any additional legisla-
tion is necessary to ensure such readiness and responsiveness. 
(4) Additional legislative or administrative actions that the 
Secretary considers necessary to ensure effective oversight of 
Defense Agency and Department of Defense Field Activity re-
source management, personnel policies, and budget procedures 
and to clarify supervisory responsibilities. 
(5) Whether the findings and recommendations of the report 
of March 1979 entitled "Report to the Secretary of Defense of 
the Defense Agency Review" and directed by Major General 
Theodore Antonelli, United States Army (Retired), should be 
the basis for additional legislative or administrative actions. 
(e) REPORT.—The Secretary of Defense shall submit to Congress a 
report that includes the following: 
(1) A report on the study required by subsection (a) that 
includes— 
(A) a discussion of and recommendations concerning each 
matter set forth in subsection (d); and 
(B) a discussion of the reports required by subsection (b). 
(2) A copy of each report required by subsection (b). 
(3) A study of the improved application of computer systems 
to functions of Defense Agencies and Department of Defense 
Field Activities, including a plan for the rapid replacement, 
where necessary, of existing automated data processing equip-
ment with new equipment. 
(4) Plans to achieve reductions in the total number of mem-
bers of the Armed Forces and civilian employees assigned or 
detailed to permanent duty in the Defense Agencies and Depart-
ment of Defense Field Activities (other than the National Secu-
rity Agency) by 5 percent, 10 percent, and 15 percent of the total 
number of such members and employees projected to be as-
signed or detailed to such duty on September 30, 1988, together 
with a discussion of the implications of each such reduction and 
a draft of any legislation that would be required to implement 
each such plan. 
(f) DEADLINE FOR SUBMISSION.—The report required by subsection 
(e) shall be submitted not later than one year after the date of the 
enactment of this Act. 
SEC. 304. TRANSITION 
10 u s e 192 note. 
(a) SECRETARY OF DEFENSE REVIEW OF DEFENSE AGENCIES.—The 
first review under section 192(c) of title 10, United States Code (as 
added by section 301(a)), shall be completed not later than two years 
PUBLIC LAW 99-433-OCT. 1, 1986 
100 STAT. 1025 
after the date that the report under section 303(e) is required to be 
submitted to Congress. 
(b) REPORT AND OTHER ACTIONS BY CHAIRMAN OF JCS.—The first 
lO use 193 note. 
report under subsection (a) of section 193 of such title (as added by 
section 301(a)) shall be submitted, and subsections (b) and (c) of such 
section shall be implemented, not later than one year after the date 
of the enactment of this Act. The Secretary of Defense shall provide 
a report on the implementation of such subsections (b) and (c) in the 
report of the Secretary submitted to Congress for 1988 under section 
113(c) of title 10, United States Code (as redesignated by section 
101(a)). 
TITLE IV—JOINT OFFICER PERSONNEL POLICY 
SEC. 401. JOINT OFFICER MANAGEMENT 
(a) ESTABUSHMENT OF JOINT OFFICER MANAGEMENT POLICIES.— 
Part II of subtitle A is amended by inserting after chapter 37 the lO use 501 et 
following new chapter: 
*^9-
^ 
"CHAPTER 
38—JOINT 
OFFICER 
MANAGEMENT 
"Sec. 
"661. Manjigement policies for joint specialty officers. 
"662. Promotion policy objectives for joint officers. 
"663. Education. 
"664. Length of joint duty assignments. 
"665. Procedures for monitoring careers of joint officers. 
"666. Reserve officers not on the active-duty list. 
"667. Annual report to Congress. 
"668. Definitions. 
"§ 66L Management policies for joint specialty officers 
10 use 661. 
"(a) ESTABUSHMENT.—The Secretary of Defense shall establish 
policies, procedures, and practices for the effective management of 
officers of the Army, Navy, Air Force, and Marine Corps on the 
active-duty list who are particularly trained in, and oriented toward, 
joint matters (as defined in section 668 of this title). Such officers 
^j. 
; j ., 
shall be identified or designated (in addition to their principal 
military occupational specialty) in such manner as the Secretary of 
Defense directs. For purposes of this chapter, officers to be managed 
by such policies, procedures, and practices are referred to as having, 
or having been nominated for, the 'joint specialty'. 
"(b) NUMBERS AND SELECTION.—(1) The number of officers with the 
joint specialty shall be determined by the Secretary. Such number 
shall be large enough to meet the requirements of subsection (d). 
"(2) Officers shall be selected for the joint specialty by the Sec-
retary of Defense with the advice of the Chairman of the Joint 
Chiefs of Staff. The Secretaries of the military departments shall 
nominate officers for selection for the joint specialty. Nominations 
shall be made from among officers— 
"(A) who meet qualifications prescribed by the Secretary of 
: 
Defense; and 
» 
"(B) who— 
; 
"(i) are senior captains or, in the case of the Navy, senior 
^
^ 
lieutenants; or 
"(ii) are serving in the grade of major or lieutenant 
^
^ 
commander or a higher grade. 
71-19A 0 - 89 - 35 : Q
L 3 Parti 
100 STAT. 1026 
PUBLIC LAW 99-433—OCT. 1, 1986 
"(c) EDUCATION AND EXPERIENCE REQUIREMENTS.—(1) An officer 
who is nominated for the joint specialty may not be selected for the 
•
!
t
o
f
< A '^ 'J 01 joint specialty until the officer— 
"(A) successfully completes an appropriate program at a joint 
professional military education school; and 
"(B) after completing such program of education, successfully 
completes a full tour of duty in a joint duty assignment. 
"(2) An officer who has a critical occupational specialty involving 
combat operations (as designated by the Secretary of Defense) and 
who is nominated for the joint specialty may be selected for the joint 
specialty after successful completion of a joint duty assignment of 
not less than two years and successful completion of a program 
under paragraph (1)(A). An officer selected for the joint specialty 
under this paragraph shall be required to complete the generally 
applicable requirements for selection under paragraph (1)(B) as soon 
as practicable after such officer's selection. 
^ .,, 
^,., , 
"(d) NUMBER OF JOINT DUTY ASSIGNMENTS.—(1) The Secretary of 
^ ' 
.\y 
Defense shall ensure that approximately one-half of the joint duty 
assignment positions in grades above captain or, in the case of the 
Navy, lieutenant are filled at any time by officers who have (or have 
been nominated for) the joint specialty. 
"(2) The Secretary of Defense shall designate not fewer than 1,000 
joint duty sissignment positions as critical joint duty assignment 
positions. Each such position shall be held only by an officer with 
the joint specialty. 
"(e) CAREER GUIDELINES.—The Secretary, with the advice of the 
Chairman of the Joint Chiefs of Staff, shall establish career guide-
lines for officers with the joint specialty. Such guidelines shall 
include guidelines for— 
"(1) selection; 
.11 ? Bu O
i 
"(2) military education; 
ii»/•^^^i'o^ J*f&^'»^r %
'
*
J fb*^-:^ 
"(3) training; 
"(4) types of duty assignments; and 
"(5) such other matters as the Secretary considers appro-
priate. 
10 use 662. 
"§ 662. Promotion policy objectives for joint officers 
"(a) QUALIFICATIONS.—The Secretary of Defense shall ensure that 
the qualifications of officers assigned to joint duty assignments are 
such that— 
"(1) officers who are serving on, or have served on, the Joint 
Staff are expected, as a group, to be promoted at a rate not less 
than the rate for officers of the same armed force in the same 
grade and competitive category who are serving on, or have 
served on, the headquarters staff of their armed force; 
"(2) officers who have the joint specialty are expected, as a 
group, to be promoted at a rate not less than the rate for officers 
of the same armed force in the same grade and competitive 
category who are serving on, or have served on, the bead-
le ^ quarters staff of their armed force; and 
"(3) officers who are serving in, or have served in, joint duty 
assignments (other than officers covered in paragraphs (1) and 
^^'i.. (2)) are expected, as a group, to be promoted at a rate not less 
than the rate for all officers of the same armed force in the 
same grade and competitive category. 
"(b) REPORT.—The Secretary of Defense shall periodically (and not 
less often than every six months) report to Congress on the pro-
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1027 
motion rates of officers who are serving in, or have served in, joint 
duty assignments, especially with respect to the record of officer 
selection boards in meeting the objectives of clauses (1), (2), and (3) of 
subsection (a). If such promotion rates fail to meet such objectives, 
the Secretary shall immediately notify Congress of such failure and 
of what action the Secretary has taken or plans to take to prevent 
-
^ 
further failures. 
"§ 663. Education 
10 use 663. 
"(a) CAPSTONE COURSE FOR NEW GENERAL AND FLAG OFFICERS.—(1) 
Each officer selected for promotion to the grade of brigadier general 
or, in the case of the Navy, rear admiral (lower half) shall be 
required, after such selection, to attend a military education course 
designed specifically to prepare new general and flag officers to 
work with the other armed forces. 
"(2) Subject to paragraph (3), the Secretary of Defense may waive 
paragraph (1)— 
"(A) in the case of an officer whose immediately previous 
assignment was in a joint duty assignment and who is thor-
oughly familiar with joint matters; 
"(B) when necessary for the good of the service; 
at 
"(C) in the case of an officer whose proposed selection for 
ii; 
promotion is based primarily upon scientific and technical 
qualifications for which joint requirements do not exist (sis 
determined under regulations prescribed under section 619(e)(4) 
of this title); and 
io 
"(D) in the case of a medical officer, dental officer, veterinary 
officer, medical service officer, nurse, biomedical science officer, 
or chaplain. 
"(3) The authority of the Secretary of Defense to grant a waiver 
under paragraph (2) may only be delegated to the Deputy Secretary 
of Defense, an Under Secretary of Defense, or an Assistant Sec-
retary of Defense. Such a waiver may be granted only on a case-by-
case b£isis in the case of an individual officer. 
"(b) JOINT MIUTARY EDUCATION SCHOOLS.—The Secretary of De-
fense, with the advice and assistance of the Chairman of the Joint 
Chiefs of Staff, shall periodically review and revise the curriculum 
of each school of the National Defense University (and of any other 
joint professional military education school) to enhance the edu-
cation and training of officers in joint matters. The Secretary shall 
require such schools to maintain rigorous standards for the military 
education of officers with the joint specialty. 
"(c) OTHER PROFESSIONAL MIUTARY EDUCATION SCHOOLS.—The 
Secretary of Defense shall require that each Department of Defense 
school concerned with professional military education periodically 
review and revise its curriculum for senior and intermediate grade 
officers in order to strengthen the focus on— 
"(1) joint matters; and 
"(2) preparing officers for joint duty assignments. 
"(d) POST-EDUCATION DUTY ASSIGNMENTS.—The Secretary of De-
fense shall ensure that— 
"(1) unless waived by the Secretary in an individual case, each 
officer with the joint specialty who graduates from a joint 
professional military education school shall be sissigned to a 
,
_
^ 
joint duty assignment for that officer's next duty assignment; 
and 
100 STAT. 1028 
PUBLIC LAW 99-433—OCT. 1, 1986 
^ 
"(2) a high proportion (which shall be greater than 50 percent) 
^
"
^ of the other officers graduating from a joint professional mili-
I tary education school also receive assignments to a joint duty 
assignment as their next duty assignment. 
10 use 664. 
"§ 664. Length of joint duty assignments 
"(a) GENERAL RULE.—The length of a joint duty assignment— 
P ,j^ ., > (J, 
"(1) for general and flag officers shall be not less than three 
years; and 
"(2) for other officers shall be not less than three and one-half 
years. 
"(b) WAIVER AUTHORITY.—The Secretary of Defense may waive 
subsection (a) in the case of any officer, but the Secretary shall 
ensure that the average length of joint duty assignments meets the 
standards prescribed in that subsection. 
"(c) 
CERTAIN OFFICERS WITH 
CRITICAL COMBAT OPERATIONS 
SKILLS.—Joint duty assignments of less than the period prescribed 
by subsection (a), but not less than two years, may be authorized for 
the purposes of section 661(c)(2) of this title. Such an assignment 
may not be counted for the purposes of determining the average 
length of joint duty assignments under subsection (b). 
"(d) EXCEPTION.—(1) Subsection (a) does not apply in the case of an 
officer who fails to complete a joint duty assignment as the result 
of— 
"(A) retirement; 
"(B) separation from active duty; or 
"(C) suspension from duty under section 155(f)(2) or 164(g) of 
this title. 
"(2) In computing the average length of joint duty assignments for 
purposes of this section, the Secretary of Defense shall exclude joint 
duty assignments not completed because of a reason specified in 
paragraph (1). 
"§ 665. Procedures for monitoring careers of joint officers 
"(a) PROCEDURES.—(1) The Secretary of Defense, with the advice of 
the Chairman of the Joint Chiefs of Staff, shall establish procedures 
for overseeing the careers of— 
"(A) officers with the joint specialty; and 
"(B) other officers who serve in joint duty assignments. 
"(2) Such oversight shall include monitoring of the implementa-
tion of the career guidelines established under section 661(e) of this 
title. 
"(b) FUNCTION OF JOINT STAFF.—The Secretary shall take such 
action as necessary to enhance the capabilities of the Joint Staff so 
that it can— 
"(1) monitor the promotions and career assignments of offi-
cers with the joint specialty and of other officers who have 
served in joint duty assignments; and 
"(2) otherwise advise the Chairman on joint personnel 
matters. 
"§ 666. Reserve officers not on the active-duty list 
"The Secretary of Defense shall establish personnel policies 
emphasizing education and experience in joint matters for reserve 
officers not on the active-duty list. Such policies shall, to the extent 
practicable for the reserve components, be similar to the policies 
provided by this chapter. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1029 
"§ 667. Annual report to Congress 
10 use 667. 
"The Secretary of Defense shall include in the annual report of 
the Secretary to Congress under section 113(c) of this title, for the Ante, p. 1022. 
period covered by the report, the following information (which shall 
be shown for the Department of Defense as a whole and separately 
"
^ 
for the Army, Navy, Air Force, and Marine Corps): 
"(1) The number of officers selected for the joint specialty and 
their education and experience. 
, 
"(2) The promotion rate for officers considered for promotion 
^ 
from within the promotion zone who are serving on the Joint 
Staff compared with the promotion rate for other officers 
considered for promotion from within the promotion zone in the 
t 
same pay grade and the same competitive category, shown for 
all officers of the armed force and for officers serving on the 
J 
headquarters staff of the armed force concerned. 
"(3) The promotion rate for officers with the joint specialty, 
compared in the same manner as specified in paragraph (2). 
I 
"(4) The promotion rate for other officers who are serving in 
^ 
joint duty assignments, compared in the same manner as speci-
^ fied in paragraph (2). 
"(5) The promotion rate for officers considered for promotion 
from below the promotion zone, shown for officers serving on 
the Joint Staff, officers with the joint specialty, and other 
officers serving in joint duty assignments, compared in the same 
. ^ 
manner as specified in paragraph (2). 
'' * 
"(6) An analysis of assignments of officers after selection for 
the joint specialty. 
"(7) The average length of tours of duty in joint duty 
assignments— 
I 
"(A) for general and flag officers, shown separately for 
J 
assignments to the Joint Staff and other joint duty assign-
ments; and 
_.. 
"(B) for other officers, shown separately for assignments 
to the Joint Staff and other joint duty assignments. 
"(8) In any case in which the information under paragraphs 
(2) through (5) shows a significant imbalance between officers 
serving in joint duty assignments or having the joint specialty 
and other officers, a description of what action has been taken 
, 
(or is planned to be taken) by the Secretary to correct the 
imbalance. 
J 
"(9) An analysis of the extent to which the Secretary of each 
I 
military department is providing officers to fill that depart-
ment's share (as determined by law or by the Secretary of 
1 
Defense) of Joint Staff and other joint duty assignments, includ-
^ 
ing the reason for any significant failure by a military depart-
ment to fill its share of such positions and a discussion of the 
I 
actions being taken to correct the shortfall. 
"(10) Such other information and comparative data as the 
f 
Secretary of Defense considers appropriate to demonstrate the 
performance of the Department of Defense and the performance 
of each military department in carrying out this chapter. 
"§ 668. Definitions 
"(a) JOINT MATTERS.—In this chapter, the term 'joint matters' 
means matters relating to the integrated employment of land, sea, 
-u-
and air forces, including matters relating to— 
100 STAT. 1030 
PUBLIC LAW 99-433—OCT. 1, 1986 
TlYd ')3tJ 
Regulations. 
... 
... I... 
10 u s e 612. 
Reports. 
"(1) national military strategy; 
"lo 
"(2) strategic planning and contingency planning; and 
"(3) command and control of combat operations under unified 
command. 
"(b) JOINT DUTY ASSIGNMENT.—(1) The Secretary of Defense shall 
by regulation define the term 'joint duty assignment' for the pur-
poses of this chapter. That definition shall be limited to assignments 
in which the officer gains significant experience in joint matters and 
shall exclude— 
"(A) assignments for joint training or joint education; and 
"(B) assignments within an officer's own military department. 
"(2) The Secretary shall publish a list showing— 
"(A) the positions that are joint duty assignment positions 
under such regulation and the number of such positions; and 
"(B) of the positions listed under subparagraph (A), those that 
are critical joint duty assignment positions and the number of 
such positions.", 
(b) CLERICAL AMENDMENTS.—The tables of chapters at the begin-
ning of subtitle A, and at the beginning of part II of subtitle A, are 
amended by inserting after the item relating to chapter 37 the 
following new item: 
"38. Joint Officer Management 
661". 
SEC. 402. PROMOTION PROCEDURES FOR JOINT OFFICERS 
(a) COMPOSITION OF SELECTION BOARDS.—Section 612 is amended 
by adding at the end the following new subsection: 
"(c) Each selection board convened under section 611(a) of this 
title that will consider officers who are serving in, or have served in, 
joint duty assignments shall include at least one officer designated 
by the Chairman of the Joint Chiefs of Staff who is currently serving 
in a joint duty assignment. The Secretary of Defense may waive the 
preceding sentence in the case of any selection board of the Marine 
Corps.". 
(b) GUIDANCE TO SELECTION BOARDS.—Section 615 is amended— 
(1) by inserting "(a)" before "The Secretary of the"; 
(2) by striking out "and" at the end of clause (4); 
(3) by redesignating clause (5) as clause (6); 
(4) by inserting after clause (4) the following new clause (5): 
"(5) guidelines, based upon guidelines received by the Sec-
retary from the Secretary of Defense under subsection (b), for 
the purpose of ensuring that the board gives appropriate consid-
eration to the performance in joint duty assignments of officers 
who are serving, or have served, in such assignments; and"; and 
(5) by adding at the end the following new subsection: 
"(b) The Secretary of Defense, with the advice and assistance of 
the Chairman of the Joint Chiefs of Staff, shall furnish to the 
Secretaries of the military departments guidelines for the purpose of 
ensuring that each selection board convened under section 611(a) of 
this title gives appropriate consideration to the performance in joint 
duty assignments of officers who are serving, or have served, in such 
assignments.". 
(c) REVIEW OF PROMOTION LISTS BY CHAIRMAN OF JCS.—Section 
618 is amended— 
(1) by redesignating subsections (b), (c), (d), and (e) as subsec-
tions (c), (d), (e), and (f), respectively; and 
(2) by inserting after subsection (a) the following new subsec-
tion (b): 
.„, 
, 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1031 
"(b)(1) After completing the requirements of subsection (a), the 
Secretary concerned, in the case of the report of a selection board 
that considered officers who are serving, or have served, in joint 
duty assignments, shall submit the report to the Chairman of the 
Joint Chiefs of Staff. 
"(2) The Chairman, in accordance with guidelines furnished to the 
Chairman by the Secretary of Defense, shall review the report for 
the purpose of determining if— 
"(A) the selection board acted consistent with the guidelines 
of the Secretary of Defense under section 615(b) of this title to 
Ante, p. 1030. 
s 
ensure that selection boards give appropriate consideration to 
the performance in joint duty assignments of officers who are 
serving, or have served, in such assignments; and 
^ 
"(B) the selection board otherwise gave appropriate consider-
ation to the performance in joint duty assignments of officers 
who are serving, or have served, in such assignments. 
9 '^SU oi 
"(3) After reviewing the report, the Chairman shall return the 
report, with his determinations and comments, to the Secretary 
concerned. 
"(4) If the Chairman determines that the board acted contrary to 
the guidelines of the Secretary of Defense under section 615(b) of 
this title or otherwise failed to give appropriate consideration to the 
performance of officers in joint duty assignments, the Secretary 
concerned may— 
"(A) return the report, together with the Chairman's deter-
minations and comments, to the selection board (or a subse-
V quent selection board convened under section 611(a) of this title 10 use 6ii. 
, 
for the same grade and competitive category) for further 
proceedings in accordance with subsection (a); 
r 
"(B) convene a special selection board in the manner provided 
I 
for under section 628 of this title; or 
I 
"(C) take other appropriate action to satisfy the concerns of 
the Chairman. 
"(5) If, after completion of all actions taken under paragraph (4), 
the Secretary concerned and the Chairman remain in disagreement 
with respect to the report of a selection board, the Secretary con-
cerned shall indicate such disagreement, and the reasons for such 
disagreement, as part of his transmittal of the report of the selection 
board to the Secretary of Defense under subsection (c). Such 
transmittal shall include any comments submitted by the Chair-
man."; and 
(3) by adding at the end of paragraph (1) of subsection (c) (as 
i 
redesignated by paragraph (1)) the following new sentence: "The 
Secretary of Defense sh^l, before transmitting the report of a 
selection board to the President, take appropriate action to 
'•'' J--"**' • 
f 
resolve any disagreement between the Secretary concerned and 
the Chairman transmitted to him under subsection (b)(5).". 
SEC. 403. CONSIDERATION OF JOINT DUTY IN SENIOR GENERAL AND FLAG 
OFFICER APPOINTMENTS AND ADVICE ON QUALIFICATIONS 
Section 601 is amended by adding at the end the following new 
subsection: 
"(dXD When an officer is recommended to the President for an 
initial appointment to the grade of lieutenant general or vice ad-
miral, or for an initial appointment to the grade of general or 
admiral, the Chairman of the Joint Chiefs of Staff shall submit to 
the Secretary of Defense the Chairman's evaluation of the perform-
eu ox 
100 STAT. 1032 
PUBLIC LAW 99-433—OCT. 1, 1986 
ance of that officer as a member of the Joint Staff and in other joint 
duty assignments. The Secretary of Defense shall submit the Chair-
man's evaluation to the President at the same time the rec-
ommendation for the appointment is submitted to the President. 
"(2) Whenever a vacancy occurs in a position within the Depart-
ment of Defense that the President has designated as a position of 
importance and responsibility to carry the grade of general or 
admiral or lieutenant general or vice admiral or in an office that is 
designated by law to carry such a grade, the Secretary of Defense 
i,: 
• 
shall inform the President of the qualifications needed by an officer 
serving in that position or office to carry out effectively the duties 
and responsibilities of that position or office.". 
SEC. 404. JOINT DUTY ASSIGNMENT AS PREREQUISITE FOR PROMOTION 
TO GENERAL OR FLAG OFFICER GRADE 
10 use 619. 
Section 619 is amended by adding at the end the following new 
subsection: 
"(e)(1) An officer may not be selected for promotion to the grade of 
brigadier general or rear admiral (lower half) unless the officer has 
served in a joint duty assignment. 
"(2) Subject to paragraph (3), the Secretary of Defense may waive 
paragraph (1)— 
"(A) when necessary for the good of the service; 
"(B) in the case of an officer whose proposed selection for 
promotion is based primarily upon scientific and technical 
qualifications for which joint requirements do not exist; 
i»;} „ Qi 
"(C) in the case of a medical officer, dental officer, veterinary 
officer, medical service officer, nurse, biomedical science officer, 
chaplain, or judge advocate; and 
09I 
"(D) until January 1,1992, in the case of an officer who served 
before the date of the enactment of this subsection in an 
; , assignment (other than a joint duty assignment) that involved 
significant experience in joint matters (as determined by the 
Secretary). 
"(3)(A) A waiver may be granted under paragraph (2) only on a 
case-by-case basis in the case of an individual officer. 
"(B) In the case of a waiver under paragraph (2)(A), the Secretary 
shall provide that the first duty assignment as a general or flag 
officer of an officer for whom the waiver is granted shall be in a 
joint duty assignment. 
"(C) The authority of the Secretary of Defense to grant a waiver 
under paragraph (2)(B), (2)(C), or (2)(D) may only be delegated to the 
Deputy Secretary of Defense, an Under Secretary of Defense, or an 
Assistant Secretary of Defense. 
Regulations. 
"(4) The Secretary of Defense shall prescribe regulations to carry 
out this subsection. Such regulations shall specifically identify those 
categories of officers for which selection for promotion to brigadier 
general or, in the case of the Navy, rear admiral (lower half) is based 
primarily upon scientific and technical qualifications for which joint 
requirements do not exist.". 
10 u s e 113 note. 
SEC. 405. ANNUAL REPORT ON IMPLEMENTATION 
The Secretary of Defense shall include in the annual report of the 
Secretary to Congress under section 113(c) of title 10, United States 
Code (as redesignated by section 101(a)), for each year from 1987 
through 1991 a detailed report on the implementation of this title 
and the amendments made by this title. 
„, 
„ 
. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1033 
SEC. 406. TRANSITION 
(a) JOINT DUTY ASSIGNMENTS.—(1) Section 661(d) of title 10, United 
States Code (as added by section 401), shall be implemented as 
rapidly as possible and not later than two years after the date of the 
enactment of this Act. 
(2) The list of positions that are joint duty assignment positions, 
including identification of those positions that are critical joint duty 
assignment positions, required to be published by section 668(b)(2) of 
such title shall be published not later than six months after the date 
of the enactment of this Act. 
(b) JOINT SPECIALTY.— 
(1) INITIAL SELECTIONS.—(A) In making the initial selections of 
officers for the joint specialty under section 661 of title 10, 
United States Code (as added by section 401 of this Act), the 
Secretary of Defense may waive the requirement of either 
subparagraph (A) or (B) Ot>ut not both) of subsection (c)(1) of such 
section in the case of any officer in a grade above captain or, in 
the case of the Navy, lieutenant. 
(B) In applying such subparagraph (B) to the initial selections 
of officers for the joint specialty, the Secretary may in the case 
- 
of any officer— 
(i) waive the requirement that a joint duty assignment be 
' 
served after the officer has completed an appropriate pro-
gram at a joint professional military education school; 
(ii) waive the requirement for the length of a joint duty 
-" 
assignment if the officer has served in such an assignment 
for not less than two years; and 
(iii) consider as a joint duty assignment any tour of duty 
served by the officer before the date of the enactment of 
this Act (or being served on the date of the enactment of 
this Act) that was considered to be a joint duty assignment 
or a joint equivalent assignment under the regulations in 
effect at the time the assignment began. 
(C) A waiver under subparagraph (A) of this paragraph or 
under any provision of subparagraph (B) of this paragraph may 
only be made on a case-by-case basis. 
(D) The authority of the Secretary of Defense to grant a 
waiver under subparagraph (A) or (B) of this paragraph may be 
delegated only to the Deputy Secretary of Defense. 
(2) REQUIREMENT FOR HIGH STANDARDS.—In exercising the 
authority provided by paragraph (1), the Secretary of Defense 
shall ensure that the highest standards of performance, edu-
cation, and experience are established and maintained for offi-
cers selected for the joint specialty. 
(3) SUNSET.—The authority provided by paragraph (1) shall 
expire two years after the date of the enactment of this Act. 
(c) CAREER GUIDELINES.—The career guidelines required to be 
established by section 661(e) of such title, the procedures required to 
be established by section 665(a) of such title, and the personnel 
policies required to be established by section 666 of such title (as 
added by section 401) shall be established not later than the end of 
the eight-month period beginning on the date of the enactment of 
this Act. The provisions of section 665(b) of such title shall be 
implemented not later than the end of such period. 
(d) EDUCATION.— 
Effective date. 
10 u s e 661 note. 
10 u s e 661 note. 
Education. 
Termination 
date. 
10 u s e 661 note. 
10 u s e 663 note. 
100 STAT. 1034 
PUBLIC LAW 99-433—OCT. 1, 1986 
Reports. 
Effective date. 
Effective date. 
10 u s e 664 note. 
Effective date. 
10 u s e 612 note. 
10 u s e 113 note. 
Sn-
(1) CAPSTONE COURSE.—Subsection (a) of section 663 of such 
title (as added by section 401) shall apply with respect to officers 
selected in reports of officer selection boards submitted to the 
Secretary concerned after the end of the 120-day period begin-
ning on the date of the enactment of this Act. 
(2) REVIEW OF MILITARY EDUCATION SCHOOLS.—(A) The first 
review under subsections (h) and (c) of such section shall be 
completed not later than 120 days after the date of the enact-
ment of this Act. The Secretary of Defense shall submit to 
Congress a report on the results of the review at each Depart-
ment of Defense school not later than 60 days thereafter. 
(B) Such subsections shall be implemented so that the revised 
curricula take effect with respect to courses beginning after 
July 1987. 
(3) POST-EDUCATION DUTY ASSIGNMENTS.—Subsection (d) 
of 
such section shall take effect with respect to clsisses graduating 
from joint professional military education schools after January 
1987. 
(e) LENGTH OF JOINT DUTY ASSIGNMENTS.—Subsection (a) of sec-
tion 664 of title 10, United States Code (as added by section 401), 
shall apply to officers assigned to joint duty assignments after the 
end of the 90-day period beginning on the date of the enactment of 
this Act. In computing an average under subsection (b) of such 
section, only joint duty assignments to which such subsection 
applies shall be considered. 
(f) PROMOTION POLICY.—The amendments made by section 402 
shall take effect with respect to selection boards convened under 
section 611(a) of title 10, United States Code, after the end of the 
120-day period beginning on the date of the enactment of this Act. 
(g) INITIAL REPORT.—The first report submitted by the Secretary of 
Defense after the date of the enactment of this Act under section 
113(c) of title 10, United States Code (as redesignated by section 101), 
shall contain as much of the information required by section 667 of 
such title (£is added by section 401) as is available to the Secretary at 
the time of the preparation of the report. 
TITLE V—MILITARY DEPARTMENTS 
PART A—DEPARTMENT OF THE ARMY 
10 u s e 3010 et 
seq. 
10 u s e 3031 et 
seq. 
SEC. 501. THE ARMY SECRETARIAT 
(a) AMENDMENTS TO CHAPTER 303.—(1) Section 3015 is transferred 
to the end of chapter 305 and redesignated as section 3040. 
(2) Sections 3010, 3011, 3012, 3013, and 3014 are redesignated as 
sections 3011, 3012, 3013, 3014, and 3015, respectively. 
(3) Section 3016 is transferred within chapter 303 to appear after 
section 3017 and is redesignated as section 3018. 
(4) Section 3019 is transferred to chapter 305, inserted after 
section 3037, and redesignated as section 3038. 
(5) Chapter 303 is amended by striking out sections 3013, 3014, and 
3015 (as redesignated by paragraph (2)) and inserting in lieu thereof 
the following: 
iISp 
• - 5 > i ' 
> 
.sJcfj J590 OnU 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1035 
"§ 3013. Secretary of the Army 
10 USC 3013 
"(aXD There is a Secretary of the Army, appointed from civilian 
life by the President, by and with the advice and consent of the 
Senate. The Secretary is the head of the Department of the Army. 
"(2) A person may not be appointed as Secretary of the Army 
within 10 years after relief from active duty as a commissioned 
officer of a regular component of an armed force. 
"(b) Subject to the authority, direction, and control of the Sec-
retary of Defense and subject to the provisions of chapter 6 of this 
title, the Secretary of the Army is responsible for, and has the 
Ante, p. 1012. 
authority necessary to conduct, all affairs of the Department of the 
Army, including the following functions: 
"(1) Recruiting. 
"(2) Organizing. 
"(3) Supplying. 
"(4) Equipping (including research and development). 
"(5) Training. 
« 
• 
"(6) Servicing. 
"(7) Mobilizing. 
"(8) Demobilizing. 
.,., „ ,, 
"(9) Administering (including the morale and welfare of 
personnel). 
"(10) Maintaining. 
"(11) The construction, outfitting, and repair of military 
equipment. 
"(12) The construction, maintenance, and repair of buildings, 
structures, and utilities and the acquisition of real property and 
interests in real property necessary to carry out the responsibil-
ities specified in this section. 
"(c) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Secretary of the Army is also responsible to 
the Secretary of Defense for— 
"(1) the functioning and efficiency of the Department of the 
Army; 
"(2) the formulation of policies and programs by the Depart-
ment of the Army that are fully consistent with national secu-
rity objectives and policies established by the President or the 
Secretary of Defense; 
"(3) the effective and timely implementation of policy, pro-
gram, and budget decisions and instructions of the President or 
the Secretary of Defense relating to the functions of the Depart-
ment of the Army; 
"(4) carrying out the functions of the Department of the Army 
so as to fulfill (to the maximum extent practicable) the current 
and future operational requirements of the unified and specified 
combatant commands; 
"(5) effective cooperation and coordination between the 
Department of the Army and the other military departments 
and E^encies of the Department of Defense to provide for more 
effective, efficient, and economical administration and to elimi-
nate duplication; 
"(6) the presentation and justification of the positions of the 
Department of the Army on the plans, programs, and policies of 
the Department of Defense; and 
"(7) the effective supervision and control of the intelligence 
activities of the Department of the Army. 
100 STAT. 1036 
PUBLIC LAW 99-433—OCT. 1, 1986 
i 
> ^ •' 
"(d) The Secretary of the Army is also responsible for such other 
activities as may be prescribed by law or by the President or 
Secretary of Defense. 
"(e) After first informing the Secretary of Defense, the Secretary 
of the Army may make such recommendations to Congress relating 
to the Department of Defense as he considers appropriate. 
"(f) The Secretary of the Army may assign such of his functions, 
powers, and duties £is he considers appropriate to the Under Sec-
retary of the Army and to the Assistant Secretaries of the Army. 
Reports. 
Officers of the Army shall, as directed by the Secretary, report on 
any matter to the Secretary, the Under Secretary, or any Assistant 
Secretary. 
"(g) The Secretary of the Army may— 
"(1) assign, detail, and prescribe the duties of members of the 
Army and civilian personnel of the Department of the Army; 
"(2) change the title of any officer or activity of the Depart-
ment of the Army not prescribed by law; and 
"(3) prescribe regulations to carry out his functions, powers, 
and duties under this title. 
10 use 3014. 
"§ 3014. Office of the Secretary of the Army 
"(a) There is in the Department of the Army an Office of the 
Secretary of the Army. The function of the Office is to assist the 
Secretary of the Army in carrying out his responsibilities. 
"(b) The Office of the Secretary of the Army is composed of the 
following: 
"(1) The Under Secretary of the Army. 
-ixu. 
"(2) The Assistant Secretaries of the Army. 
"(3) The Administrative Assistant to the Secretary of the 
Army. 
"(4) The General Counsel of the Department of the Army. 
"(5) The Inspector General of the Army. 
"(6) The Army Reserve Forces Policy Committee. 
"(7) Such other offices and officials as may be established by 
law or as the Secretary of the Army may establish or designate. 
"(c)(1) The Office of the Secretary of the Army shall have sole 
responsibility within the Office of the Secretary and the Army Staff 
for the following functions: 
"(A) Acquisition. 
"(B) Auditing. 
4.,i 
"(C) Comptroller (including financial management). 
"(D) Information management. 
"(E) Inspector General. 
"(F) Legislative affairs. 
"(G) Public affairs. 
"(2) The Secretary of the Army shall establish or designate a 
single office or other entity within the Office of the Secretary of the 
Army to conduct each function specified in paragraph (1). No office 
or other entity may be established or designated within the Army 
Staff to conduct any of the functions specified in paragraph (1). 
"(3) The Secretary shall prescribe the relationship of each office or 
other entity established or designated under paragraph (2) to the 
Chief of Staff and to the Army Staff and shall ensure that each such 
office or entity provides the Chief of Staff such staff support as the 
Chief of Staff considers necessary to perform his duties and 
responsibilities. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1037 
"(4) The vesting in the Office of the Secretary of the Army of the 
responsibility for the conduct of a function specified in paragraph (1) 
does not preclude other elements of the executive part of the 
Department of the Army (including the Army Staff) from providing 
advice or assistance to the Chief of Staff or otherwise participating 
in that function within the executive part of the Department under 
the direction of the office assigned responsibility for that function in 
the Office of the Secretary of the Army. 
"(d)(1) Subject to paragraph (2), the Office of the Secretary of the 
Army shall have sole responsibility within the Office of the 
Secretary and the Army Staff for the function of research and 
development. 
"(2) The Secretary of the Army may assign to the Army Staff 
responsibility for those aspects of the function of research and 
development that relate to military requirements and test and 
evaluation. 
"(8) The Secretary shall establish or designate a single office or 
other entity within the Office of the Secretary of the Army to 
conduct the function specified in paragraph (1). 
"(4) The Secretary shall prescribe the relationship of the office or 
other entity established or designated under paragraph (3) to the 
Chief of Staff of the Army and to the Army Staff and shall ensure 
that each such office or entity provides the Chief of Staff such staff 
support as the Chief of Staff considers necessary to perform his 
duties and responsibilities. 
"(e) The Secretary of the Army shall ensure that the Office of the 
mi o ,^ k 
Secretary of the Army and the Army Staff do not duplicate specific 
functions for which the Secretary has assigned responsibility to the 
other. 
"(f)(1) The total number of members of the armed forces and 
civilian employees of the Department of the Army assigned or 
detailed to permanent duty in the Office of the Secretary of the 
Army and on the Army Staff may not exceed 3,105. 
"(2) Not more than 1,865 officers of the Army on the active-duty 
list may be assigned or detailed to permanent duty in the Office of 
the Secretary of the Army and on the Army Staff. 
"(3) The total number of general officers assigned or detailed to 
permanent duty in the Office of the Secretary of the Army and on 
the Army Staff may not exceed the number equal to 85 percent of 
the number of general officers assigned or detailed to such duty on 
the date of the enactment of this subsection. 
"(4) The limitations in paragraphs (1), (2), and (3) do not apply in 
time of war or during a national emergency declared by Congress. 
The limitation in paragraph (2) does not apply whenever the Presi-
dent determines that it is in the national interest to increase the 
number of officers assigned or detailed to permanent duty in the 
Office of the Secretary of the Army or on the Army Staff. 
"(5) The limitations in paragraphs (1), (2), and (3) do not apply 
Effective date. 
before October 1,1988. 
"§ 3015. Under Secretary of the Army 
10 USC 3015. 
"(a) There is an Under Secretary of the Army, appointed from 
civilian life by the President, by and with the advice and consent of 
the Senate. 
"(b) The Under Secretary shall perform such duties and exercise 
such powers as the Secretary of the Army may prescribe. 
100 STAT. 1038 
PUBLIC LAW 99-433—OCT. 1, 1986 
10 use 3016. 
"§ 3016. Assistant Secretaries of the Army 
"(a) There are five Assistant Secretaries of the Army. They shall 
be appointed from civilian life by the President, by and with the 
advice and consent of the Senate. 
"(b)(1) The Assistant Secretaries shall perform such duties and 
exercise such powers as the Secretary of the Army may prescribe. 
"(2) One of the Assistant Secretaries shall be the Assistant Sec-
retary of the Army for Manpower and Reserve Affairs. He shall 
have as his principal duty the overall supervision of manpower and 
reserve component affairs of the Department of the Army. 
"(3) One of the Assistant Secretaries shall be the Assistant Sec-
retary of the Army for Civil Works. He shall have as his principal 
duty the overall supervision of the functions of the Department of 
the Army relating to programs for conservation and development of 
the national water resources, including flood control, navigation, 
shore protection, and related purposes.". 
-
(6) Section 3017 is amended— 
' u.^r^t... 
(A) by striking out "(a)" at the beginning of the text of such 
section; 
(B) by striking out clause (2) and inserting in lieu thereof the 
following: 
"(2) The Assistant Secretaries of the Army, in the order 
prescribed by the Secretary of the Army and approved by the 
Secretary of Defense."; and 
(C) by striking out subsection (b). 
Ante, p. 1034. 
(7) Chapter 303 is further amended by adding at the end the 
following new sections: 
"§ 3019. General Counsel 
"(a) There is a General Counsel of the Department of the Army, 
appointed from civilian life by the President. 
"(b) The General Counsel shall perform such functions £is the 
Secretary of the Army may prescribe. 
- -
"§ 3020. Inspector General 
"(a) There is an Inspector General of the Army who shall be 
detailed to such position by the Secretary of the Army from the 
general officers of the Army. An officer may not be detailed to such 
position for a tour of duty of more than four years, except that the 
Secretary may extend such a tour of duty if he makes a special 
finding that the extension is necessary in the public interest. 
"(b) When directed by the Secretary or the Chief of Staff, the 
Inspector General shall— 
"(1) inquire into and report upon the discipline, efficiency, 
and economy of the Army; and 
• 
"(2) perform any other duties prescribed by the Secretary or 
the Chief of Staff 
atab ^/tS;.«*t! 
"(c) The Inspector General shall periodically propose programs of 
inspections to the Secretary of the Army and shall recommend 
_ 
additional inspections and investigations as may appear appro-
.ci-:': ,-..,= 
priate. 
"(d) The Inspector General shall cooperate fully with the Inspec-
tor General of the Department of Defense in connection with the 
performance of any duty or function by the Inspector General of the 
Department of Defense under the Inspector General Act of 1978 (5 
U.S.C. App. 3) regarding the Department of the Army. 
•. t aou^ 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1039 
"(e) The Inspector General shall have such deputies and assistants 
as the Secretary of the Army may prescribe. Each such deputy and 
assistant shall be an officer detailed by the Secretary to that posi-
tion from the officers of the Army for a tour of duty of not more 
than four years, under a procedure prescribed by the Secretary.". 
(8) Section 3033 is transferred to the end of chapter 303 (as 
amended by paragraph (7)), redesignated as section 3021, and 
amended— 
(A) in subsection (a)— 
(i) by striking out "office" and inserting in lieu thereof 
"Office"; 
(ii) by striking out "Committee which" and inserting in 
:! 
lieu thereof "Committee. The Committee"; 
(iii) by inserting "and the mobilization preparedness" 
after "reserve components"; 
r- . 
(iv) by striking out "Army, and the" and inserting in lieu 
thereof "Army. The"; and 
t 
(v) by striking out "Chief of Staff and the Assistant 
Secretary responsible for reserve affairs" and inserting in 
lieu thereof "Secretary of the Army and the Chief of Staff"; 
(B) in subsection (h), by striking out "General" each place it 
appears; and 
(C) by striking out the section heading and inserting in lieu 
thereof the following: 
"§ 3021. Army Reserve Forces Policy Committee". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 303 is amended to read as follows: 
"Sec. 
"3011. Organization. 
"3012. Department of the Army: seal. 
, 
. 
"3013. Secretary of the Army. 
^' 
-: •-* 
"3014. Office of the Secretary of the Army. 
"3015. Under Secretary of the Army. 
"3016. Assistant Secretaries of the Army. 
"3017. Secretary of the Army: successors to duties. 
"3018. Administrative Assistant. 
"3019. General Counsel. 
"3020. Inspector General. 
"3021. Army Reserve Forces Policy Committee.". 
SEC. 502. THE ARMY STAFF 
(a) COMPOSITION OF THE ARMY STAFF.—Section 3031 is amended to 
read £is follows: 
*•§ 3031. The Army Staff: function; composition 
"(a) There is in the executive part of the Department of the Army 
an Army Staff. The function of the Army Staff is to £issist the 
Secretary of the Army in carrying out his responsibilities. 
"(b) The Army Staff is composed of the following: 
"(1) The Chief of Staff. 
-..bfes^J 
"(2) The Vice Chief of Staff. 
"(3) The Deputy Chiefs of Staff. 
"(4) The Assistant Chiefs of Staff. 
"(5) The Chief of Engineers. 
"(6) The Surgeon General of the Army. 
"(7) The Judge Advocate General of the Army. 
"(8) The Chief of Chaplains of the Army. 
"(9) The Chief of Army Reserve. 
100 STAT. 1040 
PUBLIC LAW 99-433—OCT. 1, 1986 
> 
"(10) Other members of the Army assigned or detailed to the 
Army Staff. 
"(11) Civilian employees of the Department of the Army 
assigned or detailed to the Army Staff. 
"(c) Except as otherwise specifically prescribed by law, the Army 
Staff shall be organized in such manner, and its members shall 
perform such duties and have such titles, as the Secretary may 
prescribe.". 
(b) GENERAL DUTIES.—(1) Subsection (a) of section 3032 is amended 
by inserting "and to the Chief of Staff of the Army" before the 
period. 
(2) Subsection (b) of such section is amended— 
(A) by striking out "direction and control of the Secretary" in 
*« * the matter preceding clause (1) and inserting in lieu thereof 
"authority, direction, and control of the Secretary of the Army"; 
(B) by inserting "subject to subsections (c) and (d) of section 
3014 of this title,' before "prepare" in clause (1); 
(C) by striking out ", training, serving, mobilizing, and 
demobilizing" in clause (1) and inserting in lieu thereof "(includ-
ing those aspects of research and development assigned by the 
Secretary of the Army), training, servicing, mobilizing, demobi-
lizing, administering, and maintaining"; 
(D) by striking out "for military operations" in clause (2) and 
inserting in lieu thereof "to support military operations by 
combatant commands"; and 
(E) by striking out clause (4) and inserting in lieu thereof the 
following: 
"(4) as directed by the Secretary or the Chief of Staff, coordi-
nate the action of organizations of the Army; and". 
(3) The heading of such section is amended to read as follows: 
10 use 3032. 
"§ 3032. The Army Staff: general duties". 
(c) CHIEF OF STAFF.—Section 3034 is redesignated as section 3033 
and is amended to read as follows: 
"§3033. Chief of Staff 
"(a)(1) There is a Chief of Staff of the Army, appointed for a period 
of four years by the President, by and with the advice and consent of 
the Senate, from the general officers of the Army. He serves at the 
pleasure of the President. In time of war or during a national 
emergency declared by Congress, he may be reappointed for a term 
of not more than four years. 
"(2) The President may appoint an officer as Chief of Staff only 
if— 
"(A) the officer has had significant experience in joint duty 
i- 
assignments; and 
"(B) such experience includes at least one joint duty assign-
ment £is a general officer. 
President of U.S. 
"(3) The President may waive paragraph (2) in the case of an 
officer if the President determines such action is necessary in the 
national interest. 
"(b) The Chief of Staff, while so serving, has the grade of general 
without vacating his permanent grade. 
"(c) Except as otherwise prescribed by law and subject to section 
3013(f) of this title, the Chief of Staff performs his duties under the 
authority, direction, and control of the Secretary of the Army and is 
directly responsible to the Secretary. 
. 
, 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1041 
"(d) Subject to the authority, direction, and control of the Sec-
retary of the Army, the Chief of Staff shall— 
"(1) preside over the Army Staff; 
"(2) transmit the plans and recommendations of the Army 
Staff to the Secretary and advise the Secretary with regard to 
such plans and recommendations; 
; v 
Y 
"(3) after approval of the plans or recommendations of the 
Army Staff by the Secretary, act as the agent of the Secretary 
y 
in carrying them into effect; 
"(4) exercise supervision, consistent with the authority 
assigned to commanders of unified or specified combatant com-
mands under chapter 6 of this title, over such of the members Ante, p. 1012. 
i 
and organizations of the Army as the Secretary determines; 
"(5) perform the duties prescribed for him by section 171 of 
this title and other provisions of law; and 
"(6) perform such other military duties, not otherwise 
assigned by law, as are assigned to him by the President, the 
., 
Secretary of Defense, or the Secretary of the Army. 
"(eXD The Chief of Staff shall also perform the duties prescribed 
for him as a member of the Joint Chiefs of Staff under section 151 of 
this title. 
"(2) To the extent that such action does not impair the independ-
ence of the Chief of Staff in the performance of his duties as a 
member of the Joint Chiefs of Staff, the Chief of Staff shall inform 
the Secretary regarding military advice rendered by members of the 
Joint Chiefs of Staff on matters affecting the Department of the 
Army. 
"(3) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Chief of Staff shall keep the Secretary of the 
Army fully informed of significant military operations affecting the 
duties and responsibilities of the Secretary.". 
(d) VICE CHIEF OF STAFF.—Section 3035 is redesignated as section 
3034 and is amended— 
(1) by striking out subsections (a) and (b) and inserting in lieu 
thereof the following: 
"(a) There is a Vice Chief of Staff of the Army, appointed by the 
President, by and with the advice and consent of the Senate, from 
the general officers of the Army. 
"(b) The Vice Chief of Staff of the Army, while so serving, has the 
grade of general without vacating his permanent grade."; 
(2) by adding at the end the following new subsection: 
"(d) When there is a vacancy in the office of Chief of Staff or 
during the absence or disability of the Chief of Staff— 
"(1) the Vice Chief of Staff shall perform the duties of the 
Chief of Staff until a successor is appointed or the absence or 
disability ceases; or 
"(2) if there is a vacancy in the office of the Vice Chief of Staff 
or the Vice Chief of Staff is absent or disabled, unless the 
^' 
President directs otherwise, the most senior officer of the Army 
3 
in the Army Staff who is not absent or disabled and who is not 
restricted in performance of duty shall perform the duties of the 
Chief of Staff until a successor to the Chief of Staff or the Vice 
^ .
^ 
Chief of Staff is appointed or until the absence or disability of 
the Chief of Staff or Vice Chief of Staff ceases, whichever occurs 
first"; and 
(3) by striking out the section heading and inserting in lieu 
thereof the following: 
100 STAT. 1042 
PUBLIC LAW 99-433—OCT. 1, 1986 
"§ 3034. Vice Chief of Staff'. 
Ante, p. 1034. 
(e) DEPUTY CHIEFS OF STAFF.—Chapter 305 is further amended by 
inserting after section 3034 (as redesignated by subsection (d) of this 
section) the following new section: 
10 use 3035. 
"§ 3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff 
"(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff 
shall be general officers detailed to those positions. 
"(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of 
Staff shall be prescribed by the Secretary, except that— 
^., , , ,, . 
"(1) there may not be more than five Deputy Chiefs of Staff; 
••""• ' " ' ' " " ' " 
a n d 
"(2) there may not be more than three Assistant Chiefs of 
Staff.". 
(f) REPEAL OF SECTION FOR PROVOST MARSHAL GENERAL.—(1) Sec-
tion 3039 is repealed. 
Ante, p. 1034. 
(2) Section 3040 (relating to Deputy and Assistant Chiefs of 
Branches) is redesignated as section 3039 and is amended by striking 
out "sections 3036 and 3039" in subsection (a) and inserting in lieu 
thereof "section 3036". 
(3) Section 3081(a) is amended by striking out "section 3040" and 
inserting in lieu thereof "section 3039". 
(g) TECHNICAL AND CLERICAL AMENDMENTS.—(1) Section 3038 (as 
redesignated by section 501(a)(4) of this Act) is amended by striking 
out "services 
in subsection (c) and inserting in lieu thereof 
"service". 
(2) The table of sections at the beginning of chapter 305 is 
amended to read as follows: 
"Sec. 
"3031. The Army Staff: function; composition. 
"3032. The Army Staff: general duties. 
"3033. Chief of Staff. 
> -
> - >
• • 
• 
"3034. Vice Chief of Staff. 
"3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff. 
"3036. Chiefs of branches: appointment; duties. 
"3037. Judge Advocate General, Assistant Judge Advocate General, and general offi-
cers of Judge Advocate General's Corps: appointment; duties. 
"3038. Office of Army Reserve: appointment of Chief. 
"3039. Deputy and assistant chiefs of branches. 
"3040. Chief of National Guard Bureau: appointment; acting chief.". 
SEC. 503. AUTHORITY TO ORGANIZE ARMY INTO COMMANDS, FORCES, AND 
ORGANIZATIONS 
Section 3074(a) is amended by inserting "or by the Secretary of 
Defense" after "by law". 
PART B—DEPARTMENT OF THE NAVY 
SEC. 511. THE NAVY SECRETARIAT 
10 use 5061 et 
(a) REPEAL OF SUPERSEDED CHAPTER.—Chapter 507 is repealed. 
seg- 
(b) TRANSFER OF SECTIONS PROVIDING FOR COMPOSITION OF THE 
10 use 5001 et 
DEPARTMENT OF THE NAVY.—(1) Part I of subtitle C is amended by 
seq.; post, pp. 
inserting after chapter 505 the following new chapter 507: 
1048, 1051. 
6 
f 
& 
f 
"CHAPTER 
507—COMPOSITION 
OF 
THE 
DEPARTMENT 
OF 
THE 
NAVY 
" S e c . 
- : • 
"5061. Department of the Navy: composition. 
,, 
"'.lio:'.... ^.^. • ' 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1043 
"5062. United States Navy: composition; functions. 
"5063. United States Marine Corps: composition; functions. 
"§ 5061. Department of the Navy: composition 
10 USC 5061. 
"The Department of the Navy is composed of the following: 
"(1) The Office of the Secretary of the Navy. 
' "(2) The Office of the Chief of Naval Operations. 
"(3) The Headquarters, Marine Corps. 
"(4) The entire operating forces, including naval aviation, of 
the Navy and of the Marine Corps, and the reserve components 
of those operating forces. 
i- 
"(5) All field activities, headquarters, forces, bases, installa-
tions, activities, and functions under the control or supervision 
of the Secretary of the Navy. 
"(6) The Coast Guard when it is operating as a service in the 
; 
Navy.". 
(2) Section 5011 is amended by striking out the third and fourth 
sentences. 
(3) Sections 5012 and 5013 are transferred to the end of chapter 
507 (as added by paragraph (1)) and redesignated as sections 5062 
and 5063, respectively. 
(4) Section 5062 (as so transferred and redesignated) is amended— 
(A) by striking out "assigned and is" in subsection (a) and all 
^ 
that follows in that subsection and inserting in lieu thereof 
"assigned and, in accordance with integrated joint mobilization 
plans, for the expansion of the peacetime components of the 
Navy to meet the needs of war."; and 
(B) by striking out subsection (d). 
(c) REVISION OF NAVY SECRETARIAT SECTIONS.—Chapter 503 (as 
amended by subsection (b)) is further amended as follows: 
(1) The heading of section 5011 is amended to read as follows: 
"§ 5011. Organization". 
(2) Such chapter is amended by adding after section 5011 the 
following new sections: 
"§ 5012. Department of the Navy: seal 
"The Secretary of the Navy shall have a seal for the Department 
of the Navy. The design of the seal must be approved by the 
President. Judicial notice shall be taken of the seal. 
"§ 5013. Secretary of the Navy 
"(a)(1) There is a Secretary of the Navy, appointed from civilian 
life by the President, by and with the advice and consent of the 
Senate. The Secretary is the head of the Department of the Navy. 
"(2) A person may not be appointed as Secretary of the Navy 
within 10 years after relief from active duty as a commissioned 
officer of a regular component of an armed force. 
"(b) Subject to the authority, direction, and control of the Sec-
retary of Defense and subject to the provisions of chapter 6 of this 
title, the Secretary of the Navy is responsible for, and has the 
Ante, p. 1012. 
authority necessary to conduct, all affairs of the Department of the 
Navy, including the following functions: 
"(1) Recruiting. 
"(2) Organizing. 
; ,-ff: "(3) Supplying. 
100 STAT. 1044 
PUBLIC LAW 99-433—OCT. 1, 1986 
"(4) Equipping (including research and development). 
"(5) Training. 
, . : , . > 
"(6) Servicing. , 
- 
,. 
, . 
^ . 
"(7) Mobilizing. 
' 
"
^
^
^ 
"(8) Demobilizing. 
"(9) Administering (including the morale and welfare of 
personnel). 
"(10) Maintaining. 
"(11) The construction, outfitting, and repair of military 
equipment. 
"(12) The construction, maintenance, and repair of buildings, 
* Ki structures, and utilities and the acquisition of real property and 
' •
*
• interests in real property necessary to carry out the responsibil-
ities specified in this section. 
"(c) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Secretary of the Navy is also responsible to 
the Secretary of Defense for— 
"(1) the functioning and efficiency of the Department of the 
Navy; 
"(2) the formulation of policies and programs by the Depart-
ment of the Navy that are fully consistent with national secu-
rity objectives and policies established by the President or the 
Secretary of Defense; 
"(3) the effective and timely implementation of policy, pro-
gram, and budget decisions and instructions of the President or 
' the Secretary of Defense relating to the functions of the Depart-
ment of the Navy; 
"(4) carrying out the functions of the Department of the Navy 
^i^' so as to fulfill (to the maximum extent practicable) the current 
and future operational requirements of the unified and specified 
-'* combatant commands; 
"(5) effective cooperation and coordination between the 
Department of the Navy and the other military departments 
jf and agencies of the Department of Defense to provide for more 
effective, efficient, and economical administration and to elimi-
nate duplication; 
"(6) the presentation and justification of the positions of the 
If 
Department of the Navy on the plans, programs, and policies of 
Bii. the Department of Defense; and 
"(7) the effective supervision and control of the intelligence 
activities of the Department of the Navy. 
"(d) The Secretary of the Navy is also responsible for such other 
activities as may be prescribed by law or by the President or 
Secretary of Defense. 
"(e) After first informing the Secretary of Defense, the Secretary 
of the Navy may make such recommendations to Congress relating 
to the Department of Defense as he considers appropriate. 
"(f) The Secretary of the Navy may assign such of his functions, 
powers, and duties as he considers appropriate to the Under Sec-
retary of the Navy and to the Assistant Secretaries of the Navy. 
1 ii I, rAisk Officers of the Navy and the Marine Corps shall, £is directed by the 
Secretary, report on any matter to the Secretary, the Under Sec-
retary, or any Assistant Secretary. 
"(g) The Secretary of the Navy may— 
"(1) assign, detail, and prescribe the duties of members of the 
Navy and Marine Corps and civilian personnel of the Depart-
ment of the Navy; 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1045 
"(2) change the title of any officer or activity of the Depart-
ment of the Navy not prescribed by law; and 
"(3) prescribe regulations to carry out his functions, powers, 
and duties under this title.". 
(3) Section 5032 is transferred to the end of such chapter and 
redesignated as section 5013a. 
(4) Such chapter is further amended by adding after section 
5013a (as transferred and redesignated by paragraph (3)) the 
following new sections: 
"§ 5014. Office of the Secretary of the Navy 
10 use 5014 
"(a) There is in the Department of the Navy an Office of the 
Secretary of the Navy. The function of the Office is to assist the 
Secretary of the Navy in carrying out his responsibilities. 
"(b) The Office of the Secretary of the Navy is composed of the 
following: 
"(1) The Under Secretary of the Navy. 
"(2) The Assistant Secretaries of the Navy. 
"(3) The General Counsel of the Department of the Navy. 
"(4) The Judge Advocate General of the Navy. 
"(5) The Naval Inspector General. 
"(6) The Chief of Naval Research. 
' 
"(7) Such other offices and officials as may be established by 
law or as the Secretary of the Navy may establish or designate. 
"(c)(1) The Office of the Secretary of the Navy shall have sole 
responsibility within the Office of the Secretary of the Navy, the 
Office of the Chief of Naval Operations, and the Headquarters, 
Marine Corps, for the following functions: 
"(A) Acquisition. 
"(B) Auditing. 
"(C) Comptroller (including financial management). 
"(D) Information management. 
"(E) Inspector General. 
' 
"(F) Legislative affairs. 
"(G) Public affairs. 
"(2) The Secretary of the Navy shall establish or designate a single 
office or other entity within the Office of the Secretary of the Navy 
to conduct each function specified in paragraph (1). No office or 
other entity may be established or designated within the Office of 
the Chief of Naval Operations or the Headquarters, Marine Corps, 
to conduct any of the functions specified in paragraph (1). 
"(3) The Secretary shall— 
"(A) prescribe the relationship of each office or other entity 
established or designated under paragraph (2)— 
"(i) to the Chief of Naval Operations and the Office of the 
& 
Chief of Naval Operations; and 
-
X 
"(ii) to the Commandant of the Marine Corps and the 
" 
Headquarters, Marine Corps; and 
"(B) ensure that each such office or entity provides the Chief 
of Naval Operations and the Commandant of the Marine Corps 
'' 
such staff support as each considers necessary to perform his 
duties and responsibilities. 
"(4) The vesting in the Office of the Secretary of the Navy of the 
responsibility for the conduct of a function specified in paragraph (1) 
does not preclude other elements of the executive part of the 
Department of the Navy (including the Office of the Chief of Naval 
Operations and the Headquarters, Marine Corps) from providing 
100 STAT. 1046 
PUBLIC LAW 99-433—OCT. 1, 1986 
advice or assistance to the Chief of Naval Operations and the 
Commandant of the Marine Corps or otherwise participating in that 
function within the executive part of the Department under the 
direction of the office assigned responsibility for that function in the 
Office of the Secretary of the Navy. 
"(d)(1) Subject to paragraph (2), the Office of the Secretary of the 
Navy shall have sole responsibility within the Office of the Sec-
retary of the Navy, the Office of the Chief of Naval Operations, and 
the Headquarters, Marine Corps, for the function of research and 
; M
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development. 
"(2) The Secretary of the Navy may assign to the Office of the 
Chief of Naval Operations and the Headquarters, Marine Corps, 
responsibility for those aspects of the function of research and 
development relating to military requirements and test and 
evaluation. 
"(3) The Secretary shall establish or designate a single office or 
other entity within the Office of the Secretary of the Navy to 
conduct the function specified in paragraph (1). 
"(4) The Secretary shall— 
"(A) prescribe the relationship of the office or other entity 
established or designated under paragraph (3)— 
"(i) to the Chief of Naval Operations and the Office of the 
Chief of Naval Operations; and 
"(ii) to the Commandant of the Marine Corps and the 
Headquarters, Marine Corps; and 
^
: 
"(B) ensure that each such office or entity provides the Chief 
''"' ' of Naval Operations and the Commandant of the Marine Corps 
such staff support as each considers necessary to perform his 
duties and responsibilities. 
"(e) The Secretary of the Navy shall ensure that the Office of the 
Secretary of the Navy, the Office of the Chief of Naval Operations, 
and the Headquarters, Marine Corps, do not duplicate specific func-
tions for which the Secretary has assigned responsibility to another 
of such offices. 
"(f)(1) The total number of members of the armed forces and 
civilian employees of the Department of the Navy assigned or 
detailed to permanent duty in the Office of the Secretary of the 
Navy, the Office of Chief of Naval Operations, and the Head-
quarters, Marine Corps, may not exceed 2,866. 
"(2) Not more than 1,720 officers of the Navy and Marine Corps on 
the active-duty list may be assigned or detailed to permanent duty 
in the Office of the Secretary of the Navy, the Office of the Chief of 
Naval Operations, and the Headquarters, Marine Corps. 
"(3) The total number of general and flag officers assigned or 
detailed to permanent duty in the Office of the Secretary of the 
Navy, the Office of the Chief of Naval Operations, and the Head-
quarters, Marine Corps, may not exceed the number equal to 85 
percent of the number of general and flag officers assigned or 
detailed to such duty on the date of the enactment of this subsection. 
"(4) The limitations in paragraphs (1), (2), and (3) do not apply in 
time of war or during a national emergency declared by Congress. 
President of U.S. The limitation in paragraph (2) does not apply whenever the Presi-
dent determines that it is in the national interest to increase the 
number of officers assigned or detailed to permanent duty in the 
Office of the Secretary of the Navy, the Office of the Chief of Naval 
Operations, or the Headquarters, Marine Corps. 
CMJU 01 
M-'^ 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1047 
"(5) The limitations in paragraphs (1), (2), and (3) do not apply Effective date. 
before October 1,1988. 
"§ 5015. Under Secretary of the Navy 
lO use 5015. 
"(a) There is an Under Secretary of the Navy, appointed from 
civilian life by the President, by and with the advice and consent of 
the Senate. 
"(\)) The Under Secretary shall perform such duties and exercise 
such powers as the Secretary of the Navy may prescribe. 
"§ 5016. Assistant Secretaries of the Navy 
"(a) There are four Assistant Secretaries of the Navy. They shall 
be appointed from civilian life by the President, by and with the 
advice and consent of the Senate. 
"(bXD The Assistant Secretaries shall perform such duties and 
exercise such powers as the Secretary of the Navy may prescribe. 
"(2) One of the Assistant Secretaries shall be the Assistant Sec-
retary of the Navy for Manpower and Reserve Affairs. He shall have 
as his principal duty the overall supervision of manpower and 
reserve component affairs of the Department of the Navy. 
"§ 5017. Secretary of the Navy: successors to duties 
"If the Secretary of the Navy dies, resigns, is removed from office, 
is absent, or is disabled, the person who is highest on the following 
list, and who is not absent or disabled, shall perform the duties of 
the Secretary until the President, under section 3347 of title 5, 
directs another person to perform those duties or until the absence 
or disability ceases: 
"(1) The Under Secretary of the Navy. 
"(2) The Assistant Secretaries of the Navy, in the order 
prescribed by the Secretary of the Navy and approved by the 
g 
Secretary of Defense. 
4; 
"(3) The Chief of Naval Operations. 
"(4) The Commandant of the Marine Corps. 
.^uo 
"§ 5018. Administrative Assistant 
"The Secretary of the Navy may appoint an Administrative 
Assistant in the Office of the Secretary of the Navy. The Adminis-
trative Assistant shall perform such duties as the Secretary may 
prescribe. 
"§ 5019. General Counsel 
"(a) There is a General Counsel of the Department of the Navy, 
appointed from civilian life by the President. 
*(b) The General Counsel shall perform such functions as the 
Secretary of the Navy may prescribe.", 
(5) Section 5088 is transferred to the end of such chapter (as 
Z 
amended by paragraph (4)), redesignated as section 5020, and 
amended— 
K 
(A) by striking out "Office of the Chief of Naval Oper-
ations" in subsection (a) and inserting in lieu thereof 
»' 
"Office of the Secretary of the Navy"; 
(B) by redesignating subsection (c) as subsection (d) and 
striking out "the Chief of Naval Operations" in such subsec-
tion and inserting in lieu thereof "the Secretary of the 
Navy"; and 
100 STAT. 1048 
PUBLIC LAW 99-433—OCT. 1, 1986 
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^ jvi. : 
(C) by inserting after subsection (b) the following new 
subsection (c): 
"(c) The Naval Inspector General shall cooperate fully with the 
•' 
'' 
Inspector Greneral of the Department of Defense in connection with 
the performance of any duty or function by the Inspector General of 
the Department of Defense under the Inspector General Act of 1978 
(5 U.S.C. App. 3) regarding the Department of the Navy.". 
10 use 5131 et 
id) TRANSFERS FROM CHAPTER 513.—Sections 5150, 5151, 5152, and 
seq. 
5153 are transferred to the end of chapter 503 (as amended by 
subsection (c)) and redesignated as sections 5021, 5022, 5023, and 
Post, p. 1055. 
5024, respectively. 
10 use 5031 et 
(e) REPEAL OF SUPERSEDED CHAPTER.—Chapter 505 is repealed. 
seq. 
(f) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 503 is amended to read as follows: 
"Sec. 
"5011. Organization. 
"5012. Department of the Navy: seal. 
"5013. Secretary of the Navy. 
"5013a. Secretary of the Navy: powers with respect to Coast Guard. 
"5014. Office of the Secretary of the Navy. 
"5015. Under Secretary of the Navy. 
^_ 
_ 
. . .^n 
"5016. Assistant Secretaries of the Navy. 
. - J • > •
> 
"5017. Secretary of the Navy: successors to duties. 
^ ._, 
"5018. Administrative Assistant. 
' 
' "' 
"5019. General Counsel. 
"5020. Naval Inspector General: detail; duties. 
"5021. Office of Naval Research: Chief; appointment, term, emoluments; Assistant 
Chief; succession to duties. 
"5022. Office of Naval Research: duties. 
"5023. Office of Naval Research: appropriations; time limit. 
"5024. Naval Research Advisory Committee.". 
SEC. 
512. 
OFFICE 
OF 
THE 
CHIEF 
OF 
NAVAL 
OPERATIONS 
10 use 5081 et 
(a) REPEAL OF FORMER CHAPTER ON OFFICE OF CNO.—Chapter 509 
seq. 
is repealed. 
Ante, p. 1042; 
(b) NEW CHAPTER ON OFFICE OF CNO.—Part I of Subtitle C is 
post, p. 1051. 
amended by inserting after chapter 503 the following new chapter 
505: 
"CHAPTER 
505—OFFICE 
OF 
THE 
CHIEF 
OF 
NAVAL 
OPERATIONS 
"Sec. 
"5031. Office of the Chief of Naval Operations: function; composition. 
"5032. Office of the Chief of Naval Operations: general duties. 
"5033. Chief of Naval Operations. 
"5034. Chief of Naval Operations: retirement. 
',j^ 
i-j i 
»•. "
!
<
; n ' 
"5035. Vice Chief of Naval Operations. 
"5036. Deputy Chiefs of Naval Operations. 
r 
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' <ix , 
• ' -
"5037. Assistant Chiefs of Naval Operations. 
10 use 5031. 
"§ 5031. Office of the Chief of Naval Operations: function; com-
position 
"(a) There is in the executive part of the Department of the Navy 
an Office of the Chief of Naval Operations. The function of the 
Office of the Chief of Naval Operations is to assist the Secretary of 
the Navy in carrying out his responsibilities. 
"(b) The Office of the Chief of Naval Operations is composed of the 
following: 
"(1) The Chief of Naval Operations. 
"(2) The Vice Chief of Naval Operations. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1049 
"(3) The Deputy Chiefs of Naval Operations. 
"(4) The Assistant Chiefs of Naval Operations. 
"(5) The Surgeon General of the Navy. 
"(6) The Chief of Naval Personnel. 
"(7) The Chief of Chaplains of the Navy. 
"(8) Other members of the Navy and Marine Corps assigned 
or detailed to the Office of the Chief of Naval Operations. 
"(9) Civilian employees in the Department of the Navy as-
signed or detailed to the Office of the Chief of Naval Operations. 
"(c) Except as otherwise specifically prescribed by law, the Office 
of the Chief of Naval Operations shall be organized in such manner, 
and its members shall perform such duties and have such titles, as 
the Secretary may prescribe. 
"§ 5032. Office of the Chief of Naval Operations: general duties lO use 5032. 
"(a) The Office of the Chief of Naval Operations shall furnish 
professional assistance to the Secretary, the Under Secretary, and 
the Assistant Secretaries of the Navy and to the Chief of Naval 
Operations. 
"(b) Under the authority, direction, and control of the Secretary of 
the Navy, the Office of the Chief of Naval Operations shall— 
"(1) subject to subsections (c) and (d) of section 5014 of this 
title, prepare for such employment of the Navy, and for such 
, ,.ni 
recruiting, organizing, supplying, equipping (including those 
aspects of research and development assigned by the Secretary 
of the Navy), training, servicing, mobilizing, demobilizing, 
administering, and maintaining of the Navy, as will assist in 
rr 08 j o: 
the execution of any power, duty, or function of the Secretary or 
the Chief of Naval Operations; 
"(2) investigate and report upon the efficiency of the Navy 
and its preparation to support military operations by combatant 
commands; 
"(3) prepare detailed instructions for the execution of ap- 
' 
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^ 
proved plans and supervise the execution of those plans and 
instructions; 
"(4) as directed by the Secretary or the Chief of Naval Oper-
ations, coordinate the action of organizations of the Navy; and 
"(5) perform such other duties, not otherwise assigned by law, 
as may be prescribed by the Secretary. 
"§ 5033. Chief of Naval Operations 
"(a)(1) There is a Chief of Naval Operations, appointed by the 
President, by and with the advice and consent of the Senate. The 
Chief of Naval Operations shall be appointed for a term of four 
years, from officers on the active-duty list in the line of the Navy 
who are eligible to command at sea and who hold the grade of rear 
admiral or above. He serves at the pleasure of the President. In time 
of war or during a national emergency declared by Congress, he may 
be reappointed for a term of not more than four years. 
"(2) The President may appoint an officer as the Chief of Naval 
Operations only i
f
— 
"(A) the officer has had significant experience in joint duty 
assignments; and 
"(B) such experience includes at least one joint duty assign-
ment as a flag officer. 
100 STAT. 1050 
PUBLIC LAW 99-433—OCT. 1, 1986 
President of U.S. 
"(3) The President may waive paragraph (2) in the case of an 
officer if the President determines such action is necessary in the 
national interest. 
"(b) The Chief of Naval Operations, while so serving, has the 
grade of admiral without vacating his permanent grade. In the 
performance of his duties within the Department of the Navy, the 
Chief of Naval Operations takes precedence above all other officers 
of the naval service. 
"(c) Except as otherwise prescribed by law and subject to section 
5013(f) of this title, the Chief of Naval Operations performs his 
duties under the authority, direction, and control of the Secretary of 
the Navy and is directly responsible to the Secretary. 
"(d) Subject to the authority, direction, and control of the Sec-
retary of the Navy, the Chief of Naval Operations shall— 
S)-tj fc ^ ,•; 
"(1) preside over the Office of the Chief of Naval Operations; 
"(2) transmit the plans and recommendations of the Office of 
the Chief of Naval Operations to the Secretary and advise the 
Secretary with regard to such plans and recommendations; 
"(3) after approval of the plans or recommendations of the 
Office of the Chief of Naval Operations by the Secretary, act as 
the agent of the Secretary in carrying them into effect; 
"(4) exercise supervision, consistent with the authority 
assigned to commanders of unified or specified combatant com-
Ante, p. 1012. 
mands under chapter 6 of this title, over such of the members 
and organizations of the Navy and the Marine Corps as the 
Secretary determines; 
"(5) perform the duties prescribed for him by section 171 of 
10 use 171. 
this title and other provisions of law; and 
"(6) perform such other military duties, not otherwise 
assigned by law, as are assigned to him by the President, the 
Secretary of Defense, or the Secretary of the Navy. 
"(eXD The Chief of Naval Operations shall also perform the duties 
prescribed for him as a member of the Joint Chiefs of Staff under 
Ante, p. 1005. 
section 151 of this title. 
"(2) To the extent that such action does not impair the independ-
ence of the Chief of Naval Operations in the performance of his 
duties as a member of the Joint Chiefs of Staff, the Chief of Naval 
Operations shall inform the Secretary regarding military advice 
rendered by members of the Joint Chiefs of Staff on matters affect-
ing the Department of the Navy. 
"(3) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Chief of Naval Operations shall keep the 
Secretary of the Navy fully informed of significant military oper-
ations affecting the duties and responsibilities of the Secretary. 
"§ 5034. Chief of Naval Operations: retirement 
"An officer who is retired while serving as Chief of Naval Oper-
ations, or who, after serving at least two and one-half years as Chief 
of Naval Operations, is retired after completion of that service while 
serving in a lower grade than admiral, may, in the discretion of the 
President, be retired with the grade of admiral. 
"§ 5035. Vice Chief of Naval Operations 
"(a) There is a Vice Chief of Naval Operations, appointed by the 
President, by and with the advice and consent of the Senate, from 
officers on the active-duty list in the line of the Navy serving in 
grades above captain and eligible to command at sea. 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1051 
"(b) The Vice Chief of Naval Operations, while so serving, has the 
grade of admiral without vacating his permanent grade. 
"(c) The Vice Chief of Naval Operations has such authority and 
duties with respect to the Department of the Navy as the Chief of 
Naval Operations, with the approval of the Secretary of the Navy, 
. T 
may delegate to or prescribe for him. Orders issued by the Vice 
Chief of Naval Operations in performing such duties have the same 
effect as those issued by the Chief of Naval Operations. 
"(d) When there is a vacancy in the office of Chief of Naval 
Operations or during the absence or disability of the Chief of Naval 
Operations— 
"(1) the Vice Chief of Naval Operations shall perform the 
duties of the Chief of Naval Operations until a successor is 
appointed or the absence or disability ceases; or 
(2) if there is a vacancy in the office of the Vice Chief of 
Naval Operations or the Vice Chief of Naval Operations is 
absent or disabled, unless the President directs otherwise, the 
most senior officer of the Navy in the Office of the Chief of 
Naval Operations who is not absent or disabled and who is not 
restricted in performance of duty shall perform the duties of the 
Chief of Naval Operations until a successor to the Chief of 
Naval Operations or the Vice Chief of Naval Operations is 
appointed or until the absence or disability of the Chief of Naval 
Operations or Vice Chief of Naval Operations ceases, whichever 
occurs first. 
"§ 5036. Deputy Chiefs of Naval Operations 
"(a) There are in the Office of the Chief of Naval Operations not 
more than five Deputy Chiefs of Naval Operations, detailed by the 
Secretary of the Navy from officers on the active-duty list in the line 
of the Navy serving in grades above captain. 
"(b) The Deputy Chiefs of Naval Operations are charged, under 
the direction of the Chief of Naval Operations, with the execution of 
the functions of their respective divisions. Orders issued by the 
Deputy Chiefs of Naval Operations in performing the duties as-
signed them are considered as coming from the Chief of Naval 
Operations. 
"§ 5037. Assistant Chiefs of Naval Operations 
"(a) There are in the Office of the Chief of Naval Operations not 
more than three Assistant Chiefs of Naval Operations, detailed by 
the Secretary of the Navy from officers on the active-duty list in the 
line of the Navy and officers on the active-duty list of the Marine 
Corps. 
"(b) The Assistant Chiefs of Naval Operations shall perform such 
duties as the Secretary of the Navy prescribes.". 
SEC. 513. HEADQUARTERS, MARINE CORPS 
(a) REPEAL OF FORMER CHAPTER ON HEADQUARTERS, MARINE 
CORPS.—Chapter 515 is repealed. 
lo use 520i et 
(b) NEW CHAPTER.—Part I of subtitle C is amended by inserting seq. 
after chapter 505 (as added by section 512 of this Act) the following Ante, p. 1042. 
new chapter: 
"CHAPTER 506—HEADQUARTERS, MARINE CORPS 
"Sec. 
"5041. Headquarters, Marine Corps: function; composition. 
100 STAT. 1052 
PUBLIC LAW 99-433—OCT. 1, 1986 
"5042. Headquarters, Marine Corps: general duties. 
" ^ 
"5043. Commandant of the Marine Corps. 
"5044. Assistant Commandant of the Marine Corps. 
"5045. Chief of Staff; Deputy and Assistant Chiefs of Staff. 
10 use 5041. 
"§ 5041. Headquarters, Marine Corps: function; composition 
"(a) There is in the executive part of the Department of the Navy 
a Headquarters, Marine Corps. The function of the Headquarters, 
Marine Corps, is to assist the Secretary of the Navy in carrying out 
his responsibilities. 
"(b) The Headquarters, Marine Corps, is composed of the 
following: 
"(1) The Commandant of the Marine Corps. 
"(2) The Assistant Commandant of the Marine Corps. 
"(3) The Chief of Staff of the Marine Corps. 
"(4) The Deputy Chiefs of Staff. 
"(5) The Assistant Chiefs of Staff. 
"(6) Other members of the Navy and Marine Corps assigned 
or detailed to the Headquarters, Marine Corps. 
"(7) Civilian employees in the Department of the Navy 
assigned or detailed to the Headquarters, Marine Corps. 
"(c) Except as otherwise specifically prescribed by law, the Head-
quarters, Marine Corps, shall be organized in such manner, and its 
members shall perform such duties and have such titles, as the 
Secretary may prescribe. 
"§ 5042. Headquarters, Marine Corps: general duties 
"(a) The Headquarters, Marine Corps, shall furnish professional 
assistance to the Secretary, the Under Secretary, and the Assistant 
Secretaries of the Navy and to the Commandant of the Marine 
Corps. 
"(b) Under the authority, direction, and control of the Secretary of 
the Navy, the Headquarters, Marine Corps, shall— 
"(1) subject to subsections (c) and (d) of section 5014 of this 
title, prepare for such employment of the Marine Corps, and for 
such recruiting, organizing, supplying, equipping (including 
research and development), training, servicing, mobilizing, 
demobilizing, administering, and maintaining of the Marine 
Corps, as will assist in the execution of any power, duty, or 
function of the Secretary or the Commandant; 
"(2) investigate and report upon the efficiency of the Marine 
Corps and its preparation to support military operations by 
combatant commanders; 
"(3) prepare detailed instructions for the execution of 
approved plans and supervise the execution of those plans and 
instructions; 
"(4) as directed by the Secretary or the Commandant, coordi-
nate the action of organizations of the Marine Corps; and 
"(5) perform such other duties, not otherwise assigned by law, 
as may be prescribed by the Secretary. 
"§ 5043. Commandant of the Marine Corps 
""' 
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' 
"(aXD There is a Commandant of the Marine Corps, appointed by 
the President, by and with the advice and consent of the Senate. The 
Commandant shall be appointed for a term of four years from 
officers on the active-duty list of the Marine Corps not below the 
grade of colonel. He serves at the pleasure of the President. In time 
, ^-iiij J . -.'^J > 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1053 
of war or during a national emergency declared by Congress, he may 
be reappointed for a term of not more than four years. 
"(2) The President may appoint an officer as Commandant of the 
Marine Corps only if^ 
"(A) the officer has had significant experience in joint duty 
assignments; and 
j 
"(B) such experience includes at least one joint duty assign-
ment as a general officer. 
"(3) The President may waive paragraph (2) in the case of an 
President of U.S. 
officer if the President determines such action is necessary in the 
national interest. 
"(b) The Commandant of the Marine Corps, while so serving, has 
the grade of general without vacating his permanent grade. 
"(c) An officer who is retired while serving as Commandant of the 
Marine Corps, or who, after serving at least two and one-half years 
as Commandant, is retired after completion of that service while 
serving in a lower grade than general, may, in the discretion of the 
President, be retired with the grade of general. 
"(d) Except as otherwise prescribed by law and subject to section 
5013(f) of this title, the Commandant performs his duties under the 
authority, direction, and control of the Secretary of the Navy and is 
directly responsible to the Secretary. 
"(e) Subject to the authority, direction, and control of the Sec-
retary of the Navy, the Commandant shall— 
"(1) preside over the Headquarters, Marine Corps; 
"(2) transmit the plans and recommendations of the Head-
l 
quarters, Marine Corps, to the Secretary and advise the Sec-
retary with regard to such plans and recommendations; 
"(3) after approval of the plans or recommendations of the 
Headquarters, Marine Corps, by the Secretary, act as the agent 
of the Secretary in carrying them into effect; 
"(4) exercise supervision, consistent with the authority 
assigned to commanders of unified or specified combatant com-
r 
mands under chapter 6 of this title, over such of the members 
Ante, p. 1012. 
and organizations of the Marine Corps and the Navy as the 
Secretary determines; 
"(5) perform the duties prescribed for him by section 171 of 
I 
this title and other provisions of law; and 
"(6) perform such other military duties, not otherwise 
assigned by law, as are assigned to him by the President, the 
Secretary of Defense, or the Secretary of the Navy. 
"(f)(1) The Commandant shall also perform the duties prescribed 
for him as a member of the Joint Chiefs of Staff under section 151 of 
this title. 
Ante, p. 1005. 
"(2) To the extent that such action does not impair the independ-
ence of the Commandant in the performance of his duties as a 
member of the Joint Chiefs of Staff, the Commandant shall inform 
the Secretary regarding military advice rendered by members of the 
Joint Chiefs of Staff on matters affecting the Department of the 
Navy. 
iP- 
ii 
"(3) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Commandant shall keep the Secretary of the 
Navy fully informed of significant military operations affecting the 
duties and responsibilities of the Secretary. 
100 STAT. 1054 
PUBLIC LAW 99-433—OCT. 1, 1986 
-t»< 
10 use 5044. 
"§ 5044. Assistant Commandant of the Marine Corps 
"(a) There is an Assistant Commandant of the Marine Corps, 
appointed by the President, by and with the advice and consent of 
the Senate, from officers on the active-duty list of the Marine Corps 
not restricted in the performance of duty. 
"(b) The Assistant Commandant of the Marine Corps, while so 
serving, has the grade of general without vacating his permanent 
grade. 
* . v.:.j--»-'-- 
"(c) The Assistant Commandant has such authority and duties 
with respect to the Marine Corps as the Commandant, with the 
approval of the Secretary of the Navy, may delegate to or prescribe 
for him. Orders issued by the Assistant Commandant in performing 
such duties have the same effect as those issued by the 
Commandant. 
"(d) When there is a vacancy in the office of Commandant of the 
Marine Corps, or during the absence or disability of the 
Commandant— 
"(1) the Assistant Commandant of the Marine Corps shall 
perform the duties of the Commandant until a successor is 
appointed or the absence or disability ceases; or 
"(2) if there is a vacancy in the office of the Assistant Com-
mandant of the Marine Corps or the Assistant Commandant is 
absent or disabled, unless the President directs otherwise, the 
most senior officer of the Marine Corps in the Headquarters, 
Marine Corps, who is not absent or disabled and who is not 
restricted in performance of duty shall perform the duties of the 
^^' Commandant until a successor to the Commandant or the 
'* Assistant Commandant is appointed or until the absence or 
disability of the Commandant or Assistant Commandant ceases, 
whichever occurs first. 
"§ 5045. Chief of Staff; Deputy and Assistant Chiefs of Staff 
"There are in the Headquarters, Marine Corps, a Chief of Staff, 
not more than five Deputy Chiefs of Staff, and not more than three 
.i 1)1 q jiiiih 
Assistant Chiefs of Staff, detailed by the Secretary of the Navy from 
officers on the active-duty list of the Marine Corps.". 
SEC. 514. TECHNICAL AND CLERICAL AMENDMENTS 
(a) CONFORMING AMENDMENTS TO CHAPTER 513.—(1) The heading 
of chapter 513 is amended to read as follows: 
^" "CHAPTER 
513—BUREAUS; 
OFFICE 
OF 
THE 
JUDGE 
ADVOCATE 
GENERAL". 
(2) Section 5155 is redesignated £is section 5150. 
f : »\Rc 
(3) rpj^g table of sections at the beginning of such chapter is 
amended— 
(A) by striking out the items relating to sections 5150, 5151, 
5152, and 5153; and 
(B) by redesignating the item relating to section 5155 to 
conform to the redesignation made by paragraph (2). 
10 u s e 7861 et 
Qo) TECHNICAL AMENDMENTS TO CHAPTER 661.—Chapter 661 is 
seq- 
amended— 
(1) by redesignating sections 7861 and 7862 as sections 7862 
rftij and 7863, respectively; and 
(2) by striking out the table of sections at the beginning of 
such chapter and inserting in lieu thereof the following: 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1055 
"Sec. 
"7861. Custody of departmental records and property. 
"7862. Accounts of paymasters of lost or captured naval vessels. 
"7863. Disbursements by order of commanding officer. 
"§ 7861. Custody of departmental records and property 
10 USC 7861. 
"The Secretary of the Navy has custody and charge of all books, 
records, papers, furniture, fixtures, and other property under the 
lawful control of the executive part of the Department of the 
Navy.". 
(c) CROSS-REFERENCE AMENDMENTS.—(1) Section 125(b) is amended 
Ante, p. 996. 
by striking out "5012, 5013" and inserting in lieu thereof "5062, 
5063". 
(2) Section 5023 (as redesignated by section 511(d) of this Act) is 
amended by striking out "section 5151" in subsection (a) and insert-
ing in lieu thereof "section 5022". 
(3) Sections 5589(a) and 6027 are amended by striking out "section 
5155(b)" and inserting in lieu thereof "section 5150(b)". 
(d) CLERICAL AMENDMENTS.—(1) The tables of chapters at the 
beginning of subtitle C, and at the beginning of part I of such 
subtitle, are each amended by striking out the items relating to 
chapters 505, 507, 509, 513, and 515 and inserting in lieu thereof the 
following: 
"i>05. Office of the Chief of Naval Operations 
5031 
"506. Headquarters, Marine Corps 
5041 
"507. Composition of the Department of the Navy 
5061 
"513. Bureaus; Office of the Judge Advocate General 
5131". 
(2) Subsection (c) of section 5024 (as redesignated by section 511(d) 
of this Act) is amended by striking out "claim proceeding" and 
inserting in lieu thereof "claim, proceeding,". 
PART C—DEPARTMENT OF THE AIR FORCE 
SEC. 521. THE AIR FORCE SECRETARIAT 
(a) AMENDMENTS TO CHAPTER 803.—(1) Sections 8010, 8011, 8012, 
lo USC 8010 et 
8013, and 8014 are redesignated as sections 8011, 8012, 8013, 8014, seq. 
and 8015, respectively. 
(2) Section 8019 is transferred to the end of chapter 805 and is 
10 USC 8031 et 
redesignated as section 8038. 
s^?.; post, p. 
(3) Chapter 803 is amended by striking out sections 8013, 8014, and l^^^. 
8015 (as redesignated by paragraph (1)) and inserting in lieu thereof 
the following: 
"§ 8013. Secretary of the Air Force 
"(a)(1) There is a Secretary of the Air Force, appointed from 
civilian life by the President, by and with the advice and consent of 
the Senate. The Secretary is the head of the Department of the Air 
Force. 
"(2) A person may not be appointed as Secretary of the Air Force 
within 10 years after relief from active duty as a commissioned 
officer of a regular component of an armed force. 
"
O
t
>
) Subject to the authority, direction, and control of the Sec-
retary of Defense and subject to the provisions of chapter 6 of this 
title, the Secretary of the Air Force is responsible for, and has the Ante, p. 1012. 
authority necessary to conduct, all affairs of the Department of the 
Air Force, including the following functions: 
100 STAT. 1056 
PUBLIC LAW 99-433—OCT. 1, 1986 
"(1) Recruiting. 
"(2) Organizing. 
' 
"(3) Supplying. 
"(4) Equipping (including research and development). 
"(5) Training. 
jBT>::.Mn 
"(6) Servicing. 
'• <»^ "'•••:} % • • n.. - -
"(7) Mobilizing. 
"(8) Demobilizing. 
"(9) Administering (including the morale and welfare of 
personnel). 
> ,,, .i 
"(10)Maintaining. 
"(11) The construction, outfitting, and repair of military 
equipment. 
"(12) The construction, maintenance, and repair of buildings, 
structures, and utilities and the acquisition of real property and 
interests in real property necessary to carry out the responsibil-
ities specified in this section. 
"(c) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Secretary of the Air Force is also responsible 
to the Secretary of Defense for— 
"(1) the functioning and efficiency of the Department of the 
Air Force; 
"(2) the formulation of policies and programs by the Depart-
ment of the Air Force that are fully consistent with national 
security objectives and policies established by the President or 
the Secretary of Defense; 
"(3) the effective and timely implementation of policy, pro-
gram, and budget decisions and instructions of the President or 
the Secretary of Defense relating to the functions of the Depart-
ment of the Air Force; 
"(4) carrying out the functions of the Department of the Air 
Force so as to fulfill (to the maximum extent practicable) the 
current and future operational requirements of the unified and 
specified combatant commands; 
; ^, 
"(5) effective cooperation and coordination between the 
' • "• 
* 
Department of the Air Force and the other military depart-
ments and agencies of the Department of Defense to provide for 
more effective, efficient, and economical administration and to 
' 
t^'!^ ^'^^ , 
eliminate duplication; 
' *
^ .;: 
. 
"(6) the presentation and justification of the positions of the 
^' 
Department of the Air Force on the plans, programs, and 
'"' policies of the Department of Defense; and 
"(7) the effective supervision and control of the intelligence 
activities of the Department of the Air Force. 
"(d) The Secretary of the Air Force is also responsible for such 
other activities as may be prescribed by law or by the President or 
Secretary of Defense. 
"(e) After first informing the Secretary of Defense, the Secretary 
of the Air Force may make such recommendations to Congress 
relating to the Department of Defense as he considers appropriate. 
"(f) The Secretary of the Air Force may assign such of his func-
tions, powers, and duties as he considers appropriate to the Under 
Secretary of the Air Force and to the Assistant Secretaries of the 
Air Force. Officers of the Air Force shall, as directed by the Sec-
LIOI .(} ,
,
>
V
n
f
. retary, report on any matter to the Secretary, the Under Secretary, 
or any Assistant Secretary. 
"(g) The Secretary of the Air Force may— 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1057 
£
; 
"(1) assign, detail, and prescribe the duties of members of the 
Air Force and civilian personnel of the Department of the Air 
Force; 
"(2) change the title of any officer or activity of the Depart-
ment of the Air Force not prescribed by law; and 
"(3) prescribe regulations to carry out his functions, powers, 
and duties under this title. 
"§ 8014. Office of the Secretary of the Air Force 
10 USC 8014. 
"(a) There is in the Department of the Air Force an Office of the 
Secretary of the Air Force. The function of the Office is to assist the 
Secretary of the Air Force in carrying out his responsibilities. 
"(b) The Office of the Secretary of the Air Force is composed of the 
following: 
"(1) The Under Secretary of the Air Force. 
"(2) The Assistant Secretaries of the Air Force. 
"(3) The General Counsel of the Department of the Air Force. 
•«, 
"(4) The Inspector General of the Air Force. 
"(5) The Air Reserve Forces Policy Committee. 
J 
"(6) Such other offices and officials as may be established by 
law or as the Secretary of the Air Force may establish or 
designate. 
"(c)(1) The Office of the Secretary of the Air Force shall have sole 
responsibility within the Office of the Secretary and the Air Staff 
for the following functions: 
"(A) Acquisition. 
"(B) Auditing. 
o 
"(C) Comptroller (including financial management). 
"(D) Information management. 
"(E) Inspector General. 
"(F) Legislative affairs. 
"(G) Public affairs. 
"(2) The Secretary of the Air Force shall establish or designate a 
single office or other entity within the Office of the Secretary of the 
Air Force to conduct each function specified in paragraph (1). No 
office or other entity may be established or designated within the 
Air Staff to conduct any of the functions specified in paragraph (1). 
^ 
"(3) The Secretary shall prescribe the relationship of each office or 
other entity established or designated under paragraph (2) to the 
Chief of Staff and to the Air Staff and shall ensure that each such 
office or entity provides the Chief of Staff such staff support as the 
Chief of Staff considers necessary to perform his duties and respon-
sibilities. 
"(4) The vesting in the Office of the Secretary of the Air Force of 
the responsibility for the conduct of a function specified in para-
graph (1) does not preclude other elements of the executive part of 
the Department of the Air Force (including the Air StafO from 
providing advice or assistance to the Chief of Staff or otherwise 
participating in that function within the executive part of the 
Department under the direction of the office assigned responsibility 
for that function in the Office of the Secretary of the Air Force. 
"(d)(1) Subject to paragraph (2), the Office of the Secretary of the 
Air Force shall have sole responsibility within the Office of the 
Secretary and the Air Staff for the function of research and develop-
ment. 
"(2) The Secretary of the Air Force may assign to the Air Staff 
responsibility for those aspects of the function of research and 
V1
10/.
n
«Q
"lA
•
O
T
T
Pni-f-1
100 STAT. 1058 
PUBLIC LAW 99-433—OCT. 1, 1986 
development that relate to military requirements and test and 
evaluation. 
"(3) The Secretary shall establish or designate a single office or 
other entity within the Office of the Secretary of the Air Force to 
conduct the function specified in paragraph (1). 
"(4) The Secretary shall prescribe the relationship of the office or 
other entity established or designated under paragraph (3) to the 
, ^, r ,.r 
Chief of Staff of the Air Force and to the Air Staff and shall ensure 
.u ., 
^Yig^^ each such office or entity provides the Chief of Staff such staff 
support as the Chief of Staff considers necessary to perform his 
duties and responsibilities. 
"(e) The Secretary of the Air Force shall ensure that the Office of 
the Secretary of the Air Force and the Air Staff do not duplicate 
specific functions for which the Secretary has assigned responsibil-
ity to the other. 
"(f)(1) The total number of members of the armed forces and 
civilian employees of the Department of the Air Force assigned or 
detailed to permanent duty in the Office of the Secretary of the Air 
Force and on the Air Staff may not exceed 2,639. 
"(2) Not more than 1,585 officers of the Air Force on the active-
duty list may be assigned or detailed to permanent duty in the 
Office of the Secretary of the Air Force and on the Air Staff. 
"(3) The total number of general officers assigned or detailed to 
permanent duty in the Office of the Secretary of the Air Force and 
on the Air Staff may not exceed the number equal to 85 percent of 
the number of general officers assigned or detailed to such duty on 
the date of the enactment of this subsection. 
"(4) The limitations in paragraphs (1), (2), and (3) do not apply in 
time of war or during a national emergency declared by Congress. 
President of U.S. The limitation in paragraph (2) does not apply whenever the Presi-
dent determines that it is in the national interest to increase the 
number of officers assigned or detailed to permanent duty in the 
Office of the Secretary of the Air Force or on the Air Staff. 
"(5) The limitations in paragraphs (1), (2), and (3) do not apply 
before October 1,1988. 
10 use 8015. 
"§ 8015. Under Secretary of the Air Force 
"(a) There is an Under Secretary of the Air Force, appointed from 
civilian life by the President, by and with the advice and consent of 
the Senate. 
"(b) The Under Secretary shall perform such duties and exercise 
such powers as the Secretary of the Air Force may prescribe. 
"§ 8016. Assistant Secretaries of the Air Force 
"(a) There are three Assistant Secretaries of the Air Force. They 
shall be appointed from civilian life by the President, by and with 
the advice and consent of the Senate. 
"(b)(1) The Assistant Secretaries shall perform such duties and 
exercise such powers as the Secretary of the Air Force may 
prescribe. 
"(2) One of the Assistant Secretaries shall be the Assistant Sec-
retary of the Air Force for Manpower and Reserve Affairs. He shall 
have as his principal duty the overall supervision of manpower and 
reserve component affairs of the Department of the Air Force.". 
(4) Section 8017 is amended— 
(A) by striking out "(a)" at the beginning of the text of such 
i»ii>. section; 
-^ uutj^is^jz CJII-I 
.J ^^'-.^ .j.-. -JCV-? i?.-.; t
-
*
-
5
A
»
-
i
t
%
" .•••i'^'^i 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1059 
(B) by striking out clause (2) and inserting in lieu thereof the 
following: 
"(2) The Assistant Secretaries of the Air Force, in the order 
prescribed by the Secretary of the Air Force and approved by 
the Secretary of Defense."; and 
(C) by striking out subsection Ot)). 
(5) Chapter 803 is further amended by adding at the end the 
following new sections: 
"§ 8018. Administrative Assistant 
10 use 8018. 
"The Secretary of the Air Force may appoint an Administrative 
Assistant in the Office of the Secretary of the Air Force. The 
Administrative Assistant shall perform such duties as the Secretary 
may prescribe. 
"§ 8019. General Counsel 
"(a) There is a General Counsel of the Department of the Air 
Force, appointed from civilian life by the President. 
"(b) The General Counsel shall perform such functions as the 
Secretary of the Air Force may prescribe. 
"§ 8020. Inspector General 
"(a) There is an Inspector General of the Air Force who shall be 
detailed to such position by the Secretary of the Air Force from the 
general officers of the Air Force. An officer may not be detailed to 
such position for a tour of duty of more than four years, except that 
the Secretary may extend such a tour of duty if he makes a special 
finding that the extension is necessary in the public interest. 
"(h) When directed by the Secretary or the Chief of Staff, the 
Inspector General shall— 
"(1) inquire into and report upon the discipline, efficiency, 
n 
and economy of the Air Force; and 
"(2) perform any other duties prescribed by the Secretary or 
the Chief of Staff. 
"(c) The Inspector General shall periodically propose programs of 
inspections to the Secretary of the Air Force and shall recommend 
additional inspections and investigations as may appear appro-
priate. 
"(d) The Inspector General shall cooperate fully with the Inspec-
tor General of the Department of Defense in connection with the 
performance of any duty or function by the Inspector General of the 
Department of Defense under the Inspector General Act of 1978 (5 
U.S.C. App. 3) regarding the Department of the Air Force. 
"(e) The Inspector General shall have such deputies and assistants 
as the Secretary of the Air Force may prescribe. Each such deputy 
and Eissistant shall be an officer detailed by the Secretary to that 
position from the officers of the Air Force for a tour of duty of not 
more than four years, under a procedure prescribed by the Sec-
retary.". 
(6) Section 8033 is transferred to the end of chapter 803 (as 
amended by paragraph (5)), redesignated as section 8021, and 
amended— 
(A) in subsection (a)— 
(i) by striking out "Policy which" and inserting in lieu 
thereof "Policy. The Committee"; 
r;, 
(ii) by inserting "and the mobilization preparedness" 
after "reserve components"; 
100 STAT. 1060 
PUBLIC LAW 99-433—OCT. 1, 1986 
" 
(iii) by striking out "Air Force and the" and inserting in 
lieu thereof "Air Force. The"; and 
^
"
^
Z 
(iv) by striking out "Chief of Staff, and the Assistant 
'^^ 
Secretary responsible for reserve affairs" and inserting in 
lieu thereof "Secretary of the Air Force and the Chief of 
Staff"; 
(B) in subsection (b), by inserting "and" after the semicolon in 
clause (2); and 
j ! 
f
>
; 
(C) by striking out the section heading and inserting in lieu 
thereof the following: 
10 use 8021. 
"§ 8021. Air Force Reserve Forces Policy Committee". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 803 is amended to read as follows: 
"Sec. 
"..'•' 
r-' 
• -., 
"8011. Organization. 
"j • 
;,... 
"8012. Department of the Air Force: seal. 
, , 
"8013. Secretary of the Air Force. 
"8014. Office of the Secretary of the Air Force. 
"8015. Under Secretary of the Air Force. 
"8016. Assistant Secretaries of the Air Force. 
. • . , , . . 
.^ •-
"8017. Secretary of the Air Force: successors to duties. 
*" I'^H'^*^^ 
- , .. 
"8018. Administrative Assistant. 
* -f-j T 
f 
i'* 
"8019. General Counsel. 
"8020. Inspector General. 
"8021. Air Force Reserve Forces Policy Committee.". 
SEC. 522. THE AIR STAFF 
(a) COMPOSITION OF THE AIR STAFF.—Section 8031 is amended to 
read as follows: 
"§ 8031. The Air Staff: function; composition 
"(a) There is in the executive part of the Department of the Air 
Force an Air Staff. The function of the Air Staff is to assist the 
Secretary of the Air Force in carrying out his responsibilities. 
"0>) The Air Staff is composed of the following: 
"(1) The Chief of Staff. 
"(2) The Vice Chief of Staff. 
"(3) The Deputy Chiefs of Staff. 
"(4) The Assistant Chiefs of Staff. 
"(5) The Surgeon General of the Air Force. 
"(6) The Judge Advocate General of the Air Force. 
"(7) The Chief of the Air Force Reserve. 
"(8) Other members of the Air Force assigned or detailed to 
8 r 
the Air Staff 
"(9) Civilian employees in the Department of the Air Force 
assigned or detailed to the Air Staff. 
"(c) Except as otherwise specifically prescribed by law, the Air 
Staff shall be organized in such manner, and its members shall 
perform such duties and have such titles, as the Secretary may 
prescribe.". 
Qo) GENERAL DUTIES.—(1) Subsection (a) of section 8032 is amended 
by inserting "of the Air Force" after "Chief of Staff. 
(2) Subsection OJ) of such section is amended— 
(A) by striking out "The Air Staff in the matter preceding 
clause (1) and inserting in lieu thereof "Under the authority, 
J* 
direction, and control of the Secretary of the Air Force, the Air 
Staff; 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1061 
(B) by inserting "subject to subsections (c) and (d) of section 
8014 of this title,' before "prepare" in clause (1); 
(C) by striking out ", training, serving, mobilizing, and 
demobilizing" in clause (1) and inserting in lieu thereof "(includ-
ing those aspects of research and development assigned by the 
Secretary of the Air Force), training, servicing, mobilizing, 
demobilizing, administering, and maintaining"; 
(D) by striking out "for military operations" in clause (2) and 
inserting in lieu thereof "to support military operations by 
combatant commands"; and 
(E) by striking out clause (4) and inserting in lieu thereof the 
following: 
"(4) as directed by the Secretary or the Chief of Staff, coordi-
nate the action of organizations of the Air Force; and". 
(3) The heading of such section is amended to read as follows: 
"§ 8032. The Air Staff: general duties". 
10 use 8032. 
(c) CHIEF OF STAFF.—Section 8034 is redesignated as section 8033 
and is amended to read as follows: 
"§8033. Chief of Staff 
"(a)(1) There is a Chief of Staff of the Air Force, appointed for a 
period of four years by the President, by and with the advice and 
consent of the Senate, from the general officers of the Air Force. He 
serves at the pleasure of the President. In time of war or during a 
national emergency declared by Congress, he may be reappointed 
for a term of not more than four years. 
"(2) The President may appoint an officer as Chief of Staff only 
if— 
"(A) the officer has had significant experience in joint duty 
assignments; and 
"(B) such experience includes at least one joint duty assign-
ment as a general officer. 
"(3) The President may waive paragraph (2) in the case of an President of U.S. 
officer if the President determines such action is necessary in the 
national interest. 
"(b) The Chief of Staff, while so serving, has the grade of general 
without vacating his permanent grade. 
"(c) Except as otherwise prescribed by law and subject to section 
8013(f) of this title, the Chief of Staff performs his duties under the 
authority, direction, and control of the Secretary of the Air Force 
and is directly responsible to the Secretary. 
"(d) Subject to the authority, direction, and control of the Sec-
retary of the Air Force, the Chief of Staff shall— 
"(1) preside over the Air Staff; 
"(2) transmit the plans and recommendations of the Air Staff 
: 
*'J "> 
to the Secretary and advise the Secretary with regard to such 
^ 
|- 
plans and recommendations; 
"(3) after approval of the plans or recommendations of the Air 
Staff by the Secretary, act as the agent of the Secretary in 
carrying them into effect; 
1
« 
"(4) exercise supervision, consistent with the authority as-
signed to commanders of unified or specified combatant com-
mands under chapter 6 of this title, over such of the members Ante, p. 1012. 
and organizations of the Air Force as the Secretary determines; 
"(5) perform the duties prescribed for him by section 171 of 
'" 
this title and other provisions of law; and 
100 STAT. 1062 
PUBLIC LAW 99-433—OCT. 1, 1986 
"(6) perform such other military duties, not otherwise as-
signed by law, as are assigned to him by the President, the 
Secretary of Defense, or the Secretary of the Air Force. 
"(e)(1) The Chief of Staff shall also perform the duties prescribed 
for him as a member of the Joint Chiefs of Staff under section 151 of 
this title. 
"(2) To the extent that such action does not impair the independ-
ence of the Chief of Staff in the performance of his duties as a 
member of the Joint Chiefs of Staff, the Chief of Staff shall inform 
the Secretary regarding military advice rendered by members of the 
Joint Chiefs of Staff on matters affecting the Department of the Air 
Force. 
"(3) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Chief of Staff shall keep the Secretary of the 
Air Force fully informed of significant military operations affecting 
,'f;(! .f J»' *^® duties and responsibilities of the Secretary.". 
(d) VICE CHIEF OF STAFF.—Section 8035 is redesignated as section 
8034 and is amended— 
(1) by striking out subsections (a) and (b) and inserting in lieu 
thereof the following: 
"(a) There is a Vice Chief of Staff of the Air Force, appointed by 
the President, by and with the advice and consent of the Senate, 
from the general officers of the Air Force. 
"(b) The Vice Chief of Staff of the Air Force, while so serving, has 
the grade of general without vacating his permanent grade."; 
(2) by striking out subsection (c); 
(3) by redesignating subsection (d) as subsection (c); 
(4) by adding at the end the following new subsection: 
"(d) When there is a vacancy in the office of Chief of Staff or 
during the absence or disability of the Chief of Staffs 
"(1) the Vice Chief of Staff shall perform the duties of the 
' 
Chief of Staff until a successor is appointed or the absence or 
disability ceases; or 
:c. ; u:- jn -. RJ 
W(2) if there is a vacancy in the office of the Vice Chief of Staff 
or the Vice Chief of Staff is absent or disabled, unless the 
President directs otherwise, the most senior officer of the Air 
^ 
Force in the Air Staff who is not absent or disabled and who is 
not restricted in performance of duty shall perform the duties of 
the Chief of Staff until a successor to the Chief of Staff or the 
Vice Chief of Staff is appointed or until the absence or disability 
of the Chief of Staff or Vice Chief of Staff ceases, whichever 
occurs first."; and 
^' 
(5) by striking out the section heading and inserting in lieu 
thereof the following: 
10 use 8034. 
"§ 8034. Vice Chief of Staff. 
Ante, p. 1055. 
(e) DEPUTY CHIEFS OF STAFF.—Chapter 805 is further amended by 
inserting after section 8034 (as redesignated by subsection (d) of this 
section) the following new section: 
"§ 8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff 
"(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff 
shall be general officers detailed to those positions. 
'^ 
^ '• 
"(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of 
Staff shall be prescribed by the Secretary, except that— 
"(1) there may not be more than five Deputy Chiefs of Staff; 
and 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1063 
"(2) there may not be more than three Assistant Chiefs of 
Staff.". 
(f) JUDGE ADVOCATE GENERAL; DEPUTY JUDGE ADVOCATE GEN-
ERAL.—Section 8072 is transferred to chapter 805, inserted after 
Ante, p. 1062. 
section 8036, and redesignated as section 8037. 
(g) CLERICAL AMENDMENTS.—(1) The table of sections at the begin-
ning of chapter 805 is amended to read as follows: 
"Sec. 
"8031. The Air Staff: function; composition. 
"8032. The Air Staff: general duties. 
"8033. Chief of Staff. 
. ; 
"8034. Vice Chief of Staff. 
"8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff. 
"8036. Surgeon General: appointment; grade. 
"8037. Judge Advocate General, Deputy Judge Advocate General: appointment; 
duties. 
"8038. Office of Air Force Reserve: appointment of Chief". 
(2) The heading of section 8036 is amended by striking out the 
10 USC 8036. 
comma and inserting in lieu thereof a semicolon. 
(3) Section 8038 (as redesignated by section 521(a)(2)) is amended 
by striking out the comma in subsection (a) after "Chief of Staff. 
(4) The table of sections at the beginning of chapter 807 is 
amended by striking out the item relating to section 8072. 
'•^^i '>gu or 
SEC. 523. AUTHORITY TO ORGANIZE AIR 
FORCE 
INTO SEPARATE 
ORGANIZATIONS 
Section 8074(a) is amended by striking out "The" and inserting in 
lieu thereof "Except as otherwise prescribed by law or by the 
Secretary of Defense, the". 
PART D—GENERAL CONFORMING AMENDMENTS AND TRANSITION 
jf 
PROVISIONS 
SEC. 531. CONFORMING AMENDMENTS 
(a) AMENDMENTS TO TITLE 10.—(1) Sections 175(d) and 523(b)(lXB) 
are amended by striking out "3033" and "8033" and inserting in lieu 
thereof "3021" and "8021", respectively. 
(2) Section 641(1)(B) is amended by striking out "3015, 3019, 3033, 
3496, 5251, 5252, 8019, 8033," and inserting in lieu thereof "3021, 
3038, 3040, 3496, 5251, 5252, 8021, 8038,". 
Ot)) AMENDMENTS TO TITLE 37.—Section 204((a)(2) of title 37, United 
States Code, is amended by striking out "3033" and "8033" and 
inserting in lieu thereof "3021" and "8021", respectively. 
SEC. 532. TRANSITION 
(a) EFFECTIVE DATE.—The provisions of subsections (c) and (d) of lO use 3014 
each of sections 3014, 5014, and 8014 of title 10, United States Code, note. 
as added by sections 501, 511, and 521, respectively, shall be imple-
mented not later than 180 days after the date of the enactment of 
this Act. 
(h) REPORT.—Not later than 210 days after the date of the enact-
ment of this Act, the Secretary of each military department shall 
submit to Congress a report on the actions that have been taken to 
implement the provisions referred to in subsection (a) with respect 
to that military department. 
(c) WAIVER OF QUAUFICATIONS FOR APPOINTMENT AS SERVICE President of U.S. 
CHIEF.—(1) The President may waive, as provided in paragraph (2), 10 USC 3033 
note. 
100 STAT. 1064 
PUBLIC LAW 99-433—OCT. 1, 1986 
the requirements provided for in section 3033(a)(2), 5033(a)(2), 
5043(a)(2), and 8033(a)(2) of title 10, United States Code (as added or 
amended by sections 502, 512, 513, and 522, respectively). 
t .''^'••' 
(2) In exercising such waiver authority, the President may, in the 
case of any officer— 
(A) waive the requirement under section 664 of such title (as 
added by section 401 of this Act) for the length of a joint duty 
assignment if the officer has served in such an assignment for 
not less than two years; and 
(B) consider as a joint duty assignment any tour of duty 
served by the officer as a general or flag officer before the date 
of the enactment of this Act (or being served on the date of the 
enactment of this Act) that was considered to be a joint duty 
assignment or a joint equivalent assignment under regulations 
in effect at the time the assignment began. 
(3) A waiver under paragraph (2) may not be made in the case of 
J .. r J . . 
any officer more than four years after the date of the enactment of 
(4) A waiver under this subsection may be made only on a case-by-
case basis. 
TITLE VI—MISCELLANEOUS 
10 u s e 194 note. 
SEC. 601. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT HEAD-
QUARTERS ACTIVITIES AND CERTAIN OTHER ACTIVITIES 
Effective date. 
(a) MILITARY DEPARTMENTS AND COMBATANT COMMANDS.—(1) 
Effective on October 1, 1988, the total number of members of the 
Armed Forces and civilian employees assigned or detailed to duty 
described in paragraph (2) may not exceed the number equal to 90 
percent of the total number of such members and employees as-
signed or detailed to such duty on September 30,1986. 
(2) Duty referred to in paragraph (1) is permanent duty in the 
military departments and in the unified and specified combatant 
commands to perform management headquarters activities or 
management headquarters support activities. 
(3) In computing and implementing the limitation in paragraph 
(1), the Secretary of Defense shall exclude members and employees 
who are assigned or detailed to permanent duty to perform manage-
ment headquarters activities or management headquarters support 
activities in the following: 
(A) The Office of the Secretary of the Army and the Army 
Staff. 
(B) The Office of the Secretary of the Navy, the Office of the 
Chief of Naval Operations, and the Headquarters, Marine 
Corps. 
' 
' 
(C) The Office of the Secretary of the Air Force and the Air 
Staff. 
(D) The immediate headquarters staff of the commander of 
each unified or specified combatant command. 
(4) If the Secretary of Defense applies any reduction in personnel 
required by the limitation in paragraph (1) to a unified or specified 
combatant command, the commander of that command, after 
consulting with his directly subordinate commanders, shall deter-
mine the manner in which the reduction shall be accomplished. 
(b) DEFENSE AGENCIES AND D O D FIELD ACTIVITIES.—dXA) Not 
later than September 30, 1988, the Secretary of Defense shall reduce 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1065 
the total number of members of the Armed Forces and civilian 
employees assigned or detailed to permanent duty in the manage-
ment headquarters activities and management headquarters sup-
port activities in the Defense Agencies and Department of Defense 
Field Activities by a number that is at least 5 percent of the total 
number of such members and employees assigned or detailed to such 
duty on September 30,1986. 
(B) Not later than September 30, 1989, the Secretary shall carry 
out an additional reduction in such members and employees of not 
less than 10 percent of the number of such members and employees 
assigned or detailed to such duty on September 30,1988. 
(C) If the number of members and employees reduced under 
subparagraph (A) or (B) is in excess of the reduction required to be 
made by that subparagraph, such excess number may be applied to 
the number required to be reduced under paragraph (2). 
(2)(A) Not later than September 30, 1988, the Secretary of Defense 
shall reduce the total number of members of the Armed Forces and 
civilian employees assigned or detailed to permanent duty in the 
Defense Agencies and Department of Defense Field Activities, other 
than members and employees assigned or detailed to duty in 
management headquarters activities or management headquarters 
support activities, by a number that is at least 5 percent of the total 
; c -
f
*
' 
number of such members and employees £issigned or detailed to such 
duty on September 30,1986. 
(B) Not later than September 30, 1989, the Secretary shall carry 
out an additional reduction in such members and employees of not 
less than 5 percent of the number of such members and employees 
assigned or detailed to such duty on September 30,1988. 
(3) If after the date of the enactment of this Act and before 
October 1, 1988, the total number of members and employees de-
scribed in paragraph (1)(A) or (2)(A) is reduced by a number that is 
in excess of the number required to be reduced under that para-
graph, the Secretary may, in meeting the additional reduction 
required by paragraph (1)(B) or (2)(B), as the case may be, offset such 
additional reduction by that excess number. 
(4) The National Security Agency shall be excluded in computing 
and making reductions under this subsection. 
(c) PROHIBITION AGAINST CERTAIN ACTIONS TO ACHIEVE REDUC-
TIONS.—Compliance with the limitations and reductions required by 
subsections (a) and 0>) may not be accomplished by recategorizing or 
redefining duties, functions, offices, or organizations. 
(d) ALLOCATIONS TO BE MADE BY SECRETARY OF DEFENSE.—(1) The 
Secretary of Defense shall allocate the reductions required to 
comply with the limitations in subsections (a) and (b) in a manner 
consistent with the efficient operation of the Department of Defense. 
If the Secretary determines that national security requirements 
dictate that a reduction (or any portion of a reduction) required by 
subsection Ot)) not be made from the Defense Agencies and Depart-
ment of Defense Field Activities, the Secretary may allocate such 
reduction (or any portion of such reduction) (A) to personnel as-
signed or detailed to permanent duty in management headquarters 
activities or management headquarters support activities, or (B) to 
personnel assigned or detailed to permanent duty in other than 
management headquarters activities or management headquarters 
' ' ' 
support activities, as the case may be, of the Department of Defense 
other than the Defense Agencies and Department of Defense Field 
Activities. 
100 STAT. 1066 
PUBLIC LAW 99-433—OCT. 1, 1986 
(2) Among the actions that are taken to carry out the reductions 
required by subsections (a) and (b), the Secretary shall consolidate 
and eliminate unnecessary management headquarters activities and 
management headquarters support activities. 
(e) TOTAL REDUCTIONS.—Reductions in personnel required to be 
made under this section are in addition to any reductions required 
to be made under other provisions of this Act or any amendment 
made by this Act. 
(f) DEFINITIONS.—For purposes of this section, the terms "manage-
ment headquarters activities" and "management headquarters sup-
port activities" have the meanings given those terms in Department 
of Defense Directive 5100.73, entitled "Department of Defense 
Management Headquarters and Headquarters Support Activities" 
and dated January 7,1985. 
10 u s e 111 note. 
SEC. 602. REDUCTION OF REPORTING REQUIREMENTS 
(a) PoucY.—It is the policy of Congress to reduce the administra-
tive burden placed on the Department of Defense by requirements 
for reports, studies, and notifications to be submitted to Congress 
through the elimination of outdated, redundant, or otherwise un-
necessary reporting requirements. 
President of U.S. 
(b) COMPILATION OF EXISTING REPORTING REQUIREMENTS.—(1) The 
Secretary of Defense shall compile a list of all provisions of law in 
effect on the date of the enactment of this Act or enacted after such 
date and before February 1, 1987, that require the President, with 
respect to national defense functions of the Government, or any 
official or employee of the Department of Defense to submit a 
report, notification, or study to Congress or any committee of Con-
gress. The preceding sentence does not apply to a requirement for a 
report, notification, or study to be submitted one time. 
(2) The Secretary shall submit to Congress the list compiled under 
paragraph (1) not later than six months after the date of the 
enactment of this Act. The Secretary shall include with such list 
(with respect to each report, notification, or study shown on the list) 
the following: 
(A) The date the requirement for such report, notification, or 
study was first imposed by law and the current legal citation for 
such requirement. 
(B) The Secretary's assessment of the continuing utility of 
such requirement to Congress and to the executive branch. 
(C) The Secretary's assessment of the administrative burden 
of such requirement and how such burden relates to the utility 
of the report, notification, or study. 
(D) The Secretary's recommendation as to whether such 
requirement should be retained, modified, or repealed. 
(3) The matter submitted under paragraph (2) shall also include— 
(A) any recommendation of the Secretary for consolidation of 
different requirements for reports, notifications, and studies; 
and 
(B) a draft of legislation to implement any changes in law 
recommended by the Secretary and to conform statutory provi-
sions to the elimination of reporting requirements under subsec-
tion (c). 
Effective date. 
(c) TERMINATION OF REPORTING REQUIREMENTS.—Except aS pro-
vided in subsection (d), effective on January 1, 1987, each provision 
of law that is contained in title 10, 32, or 37, United States Code, or 
in any Act authorizing appropriations or making appropriations for 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1067 
military functions of the Department of Defense (including military 
construction and military family housing functions) shall not be 
effective to the extent such provision requires the submission of a 
report, notification, or study. 
(d) EXCEPTIONS.—Subsection (c) does not apply— 
(1) to a requirement for a report, notification, or study to be 
submitted one time; 
(2) to a provision of law enacted on or after the date of the 
enactment of this Act (including any provision enacted by this 
Act); or 
(3) to a provision of law that requires the submission of the 
reports, notifications, and studies described in subsections (e) 
through (u). 
(e) PROVISIONS OF TITLE 10.—The exception provided in subsection 
(d)(3) applies to the following reports, notifications, and studies 
required by title 10, United States Code: 
(1) The annual report required by section 113(c) of such title 
(as redesignated by section 101(a)), relating to the accomplish-
; 
ments of the Department of Defense. 
(2) The annual report required by section 113(e) of such title 
(as redesignated by section 101(a) and amended by section 603), 
relating to major military missions and the military force struc-
ture of the United States. 
(3) The annual reports required by section 115 of such title (as 
; 
designated and amended by section 110(b))— 
(A) under subsection (a)(2) of such section, relating to 
equipment of the National Guard and reserve components; 
^ 
., 
(B) under subsection Ot>)(3) of such section, relating to 
^'' '" 
military and civilian personnel and strength levels, certain 
other manpower requirements, base structures, and certain 
requirements for and information on officers; and 
. 
(C) under subsection (c)(2) of such section, relating to 
* 
average student training loads. 
(4) The annual report required by section 116(a) of such title 
, 
(as designated and amended by section 110(b)), relating to oper-
ations and maintenance. 
(5) The annual report required by section 117 of such title (as 
^ 
redesignated by section 101(a)), relating to North Atlantic 
Treaty Organization readiness. 
I 
(6) The reports required by section 118 of such title (as 
> 
redesignated by section 101(a)), relating to sales or transfers of 
I 
certain defense articles. 
(7) The report required by section 125(c) of such title, relating 
J 
to the proposed reduction or elimination of a major weapon 
f 
system. 
f 
(8) The reports required by subsection (b)(5) of section 138 of 
such title (as redesignated by section 101(a)) and the annual 
V 
report required by subsection (g) of such section, relating to 
operational test and evaluation activities. 
(9) Reports required by section 1092(aX3) of such title, relating 
i 
to studies and demonstration projects relating to delivery of 
j
T 
health and medical care. 
(10) The reports required by section 1464(c) of such title, 
f 
relating to the status of the Department of Defense Military 
Retirement Fund. 
100 STAT. 1068 
PUBLIC LAW 99-433—OCT. 1, 1986 
(11) The report required by section 2137 of such title, relating 
to the educational assistance program for members of the Se-
10 use 2131 et 
lected Reserve under chapter 106 of such title. 
s^9- 
(12) The annual report required by section 2208(k) of such 
title, relating to the condition and operation of working-capital 
funds. 
(13) The notifications required by section 2233a(a)(l) of such 
J : title, relating to expenditures and contributions for acquisition 
.1 of facilities for reserve components. 
(14) The notifications required by section 2304(c)(7) of such 
title, relating to the use of procurement procedures other than 
competitive procedures. 
(15) The notifications required by section 2306(h)(3) of such 
title, relating to cancellation ceilings in certain multiyear 
contracts. 
(16) The annual report required by section 2313(d)(4) of such 
title, relating to subpoenas issued by the Director of the Defense 
^ ,, Contract Audit Agency to obtain contractor records. 
(17) The annual report required by section 2349 of such title, 
relating to North Atlantic Treaty Organization acquisition and 
cross-servicing agreements. 
(18) The semiannual report required by section 2357 of such 
title, relating to contracts in excess of $50,000 entered into by 
^ the military departments for research and development. 
(19) The report required by section 2362(c) of such title, 
relating to the testing of wheeled or tracked armored vehicle 
programs. 
(20) The reports required by section 2391(c) of such title, 
relating to miltiary base reuse studies and community planning 
assistance. 
(21) The notifications required by section 23940t))(2) of such 
title, relating to contracts for energy or fuel. 
'-* 
(22) The annual report required by section 2397(e) of such 
title, relating to the names of certain employees and former 
employees of defense contractors. 
(23) The notifications required by clauses (B) and (C) of section 
24010t))(l) of such title, the cost analyses required by section 
2401(e)(1) of such title, and the reports required by section 
2401(e)(2) of such title, all relating to the long-term lease or 
charter of vessels and aircraft by the military departments. 
(24) The notifications required by subsection (e)(1) of section 
2403 of such title and the annual report required by subsection 
(e)(2) of such section, relating to waivers of certain requirements 
"
^ 
for contractor guarantees. 
(25) The notifications required by paragraphs (1) and (2) of 
section 2407(d) of such title, relating to certain contracts 
awarded by the Department of Defense in connection with 
North Atlantic Treaty Organization cooperative agreements. 
(26)(A) The annual and supplemental reports required by 
section 2431 of such title (as redesignated by section 101(a)), 
relating to weapons development and procurement schedules, 
mcluding the matter required by section 53(b) of the Arms 
Export Control Act (22 U.S.C. 2795b(b)) to be included in such 
annual reports. 
(B) The notifications in lieu of such supplemental reports 
under subsection (b) of such section. 
. „ . , , . . . . 
, 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1069 
(27) The Selected Acquisition Reports required by section 2482 
of such title (as redesignated by section 101(a)). 
(28) The notifications required by subsection (d)(3) of section 
2433 of such title (as redesignated by section 101(a)) and reports 
required by subsection (e) of such section, relating to increases 
in program acquisition unit costs and procurement unit costs of 
certain major defense acquisition programs. 
(29) The annual report required by section 2457(d) of such 
title, relating to the policy to standardize equipment, ammuni-
tion, and fuel procured for the use of United States military 
forces stationed in Europe under the North Atlantic Treaty. 
(30) The reports required by subsection (a) or (e) of section 
2662 of such title and the annual report required by subsection 
(b) of such section, relating to certain real property trans-
actions. 
(31) The notifications required by section 2667a(g)(3) of such 
title, relating to expenditures in excess of $300,000 from the 
DOD Facilities Replacement Management Account. 
(32) The notifications required by section 26720t)) of such title, 
relating to acquisitions of interests in land for more than 
$100,000. 
(33) The notifications required by section 2676(d) of such title, 
relating to reductions in scope and increases in cost of a land 
acquisition. 
(34)(A) The notifications required by section 26870t)) of such 
title, relating to base closures and realignments. 
(B) The certification provided for in section 2687(c) of such 
title, relating to a closure or realignment of a military installa-
tion for reasons of national security. 
(35) The annual report required by section 2779(b)(4) of such 
title, relating to the use of funds appropriated for the elimi-
nation of certain losses caused by fluctuations in currency 
exchange rates of foreign countries. 
(36) The reports required by section 28030t>) of such title, 
relating to emergency military construction projects carried out 
under section 2803 of such title. 
(37) The reports required by section 2804(b) of such title, 
relating to military construction projects not authorized by law. 
(38) The notifications required by paragraphs (2) and (3) of 
section 2805(b) of such title, relating to minor construction in 
connection with certain relocations of activities from one 
installation to another. 
(39) The reports required by section 2806(c)(2) of such title, 
relating to contributions for North Atlantic Treaty Organiza-
tion Infrastructure. 
(40) The notifications required by subsection (b) of section 
2807 of such title and the reports required by subsection (c) of 
such section, relating to architectural and engineering services 
and construction design in connection with military construc-
tion or military family housing projects. 
(41) The notifications required by section 28080t)) of such title, 
relating to military construction projects in the event of a 
declaration of war or national emergency. 
(42) The justifications and economic analyses required by 
section 2809(a)(4) of such title, relating to long-term contracts 
for the construction, management, and operation of certain 
facilities. 
100 STAT. 1070 
PUBLIC LAW 99-433—OCT. 1, 1986 
(43) The notifications and justifications required by section 
2823(b) of such title, relating to disagreements on the availabil-
ity of suitable alternative housing at locations in the United 
States where family housing is proposed to be constructed. 
(44) The notifications required by section 2827(b) of such title, 
relating to relocation of military family housing units. 
(45) The notifications and reports of economic analyses re-
quired by section 2828 of such title— 
(A) under subsection (b)(3) of such section, relating to 
domestic family housing limitations; 
(B) under subsection (f) of such section, relating to the 
proposed lease of military family housing in excess of au-
thorized amounts; and 
(C) under subsection (g)(6)(A) of such section, relating to 
leasing of military family housing facilities. 
(46) The notifications required by section 2834(b) of such title, 
relating to agreements with the Secretary of State for the use of 
Department of State housing and related services by Depart-
ment of Defense personnel. 
(47) The notifications required by subsections (d) and (e) of 
section 2853 of such title, relating to reductions in the scope of 
work or increases in the cost of military construction projects. 
(48) The notifications required by section 2854(b) of such title, 
relating to repair, restoration, or replacement of damaged or 
destroyed military facilities. 
(49) The notifications required by section 2856(b) of such title, 
relating to regulations establishing limitations on barracks 
space. 
(50) The annual report required by section 2861(a) of such 
title, relating to military construction activities and military 
family housing activities. 
(51) The notifications required by section 7307(b)(2) of such 
title, relating to the disposition of naval vessels to foreign 
nations. 
(52) The quarterly report required by section 7434 of such 
title, relating to production from the naval petroleum reserves. 
(f) PROVISIONS OF TITLE 37.—(1) The exception provided in subsec-
tion (d)(3) applies to the report required by section 406(i) of title 37, 
United States Code, relating to dependents accompanying members 
of the Armed Forces stationed outside the United States. 
(2) Such section is amended— 
(A) by striking out "quarter" in the matter preceding clause 
(1); and 
(B) by striking out "quarter" in clauses (1) and (2) and insert-
ing in lieu thereof "fiscal year". 
(g) PuBUC LAW 91-121.—Notifications required by subsections 
(b)(4) and (c)(1) of section 409 of Public Law 91-121 (50 U.S.C. 1512(4), 
1513(1)), relating to chemical or biological warfare agents. 
(h) PUBLIC LAW 91-441.—Reports required by section 203(c) of 
Public Law 91-441 (10 U.S.C. 2358 note), relating to independent 
research and development and bid and proposal programs. 
(i) PUBLIC LAW 93-365.—The exception provided in subsection 
(d)(3) applies to the statements and quarterly report required by 
subsections (c) and (e) of section 709 of the Department of Defense 
SOUSCapp. 
Appropriation Authorization Act, 1975 (50 U.S.C. App. 2403-l(e)), 
relating to the export of certain goods, technology, and industrial 
techniques. 
. ,. 
iilsl -JcLsJ 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT, 1071 
(j) PUBLIC LAW 96-342.—The exception provided in subsection 
(dX3) applies to the notifications, summaries, certifications, and 
reports required by subsections (a), (b), and (c) of section 502 of the 
Department of Defense Authorization Act, 1981 (10 U.S.C. 2304 
note), relating to conversion of performance of commercial and 
other type functions from Department of Defense personnel to 
private contractors. 
(k) PuBUC LAW 98-94.—The exception provided in subsection 
(d)(3) applies to the following: 
(1) The notifications required by section 1201(c) of the Depart-
ment of Defense Authorization Act, 1984 (97 Stat. 678), relating 
to transfers of amounts of authorizations. 
, , ^r. 
;;..; 
(2) The reports and assessments required by section 1231 of 
such Act (97 Stat. 693), relating to certain intercontinental 
ballistic missile systems. 
^ 
(3) The reports required by section 1252(d) of such Act (97 
Stat. 698), relating to the cost effectiveness of and the quality of 42 USC 248d. 
medical care provided by public health service hospitals. 
(1) PUBLIC LAW 98-525.—The exception provided in subsection 
(d)(3) applies to the following: 
' 
n 
(1) Reports required by section 1050t>)(l) of the Department of 
-
Defense Authorization Act, 1985 (98 Stat. 2503), relating to 
^ 
government-to-government 
agreements 
for 
acquisition 
in 
* 
connection with certain NATO cooperative programs. 
(2) The reports required by section 307(b)(3) of the Department 
of Defense Authorization Act, 1985 (10 U.S.C. 2304 note), relat-
ing to waivers of a prohibition on contracting out certain logis-
tics activities. 
(3) The annual report required by section 1002(dXl) of such 
Act (22 U.S.C. 1928 note), relating to the supply of munitions 
and certain aircraft facilities in support of the North Atlantic 
Treaty Organization. 
f 
(4) The annual report required by section 1002(d)(2) of such 
Act (22 U.S.C. 1928 note), relating to the status and cost of the 
United States commitment to the North Atlantic Treaty 
Organization and certain activities of other member nations of 
the North Atlantic Treaty Organization. 
3i : >au m 
F 
(5) The annual reports required by subsections (c) and (d) of 
section 1003 of such Act (22 U.S.C. 1928 note), relating to allied 
P_ 
contributions to the common defense. 
(6) The annual report required by section 1102 of such Act (10 
U.S.C. 2872 note (formerly 10 U.S.C. 139 note)), relating to the 
p 
Strategic Defense Initiative and any other antiballistic missile 
'] 
defense program. 
(7) The notifications required by section 1501(c) of such Act (98 
Stat. 2626), relating to transfers of amounts of authorizations. 
^ 
(8) The notification required by section 1512 of the Depart-
: 
ment of Defense Authorization Act, 1985 (98 Stat. 2627), relating 
''I 
to the use of funds for the B-IB bomber aircraft program 
• 
beyond 100 aircraft. 
(9) The reports required by section 1536(g) of such Act (98 
Stat. 2633; 46 U.S.C. 1120 note), relating to the Commission on 46 USC app. 1120 
Merchant Marine and Defense. 
note, 
(m) PuBUC LAW 99-145.—The exception provided in subsection 
(dX3) applies to the following: 
«
* 
(1) Reports required by section 106(aX2) of the Department of 
Defense Authorization Act, 1986 (99 Stat. 596), relating to 
:JOI 
100 STAT. 1072 
PUBLIC LAW 99-433—OCT. 1, 1986 
government-to-government 
agreements 
for 
acquisition 
in 
connection with certain NATO cooperative programs. 
(2) The certification required by section 125(a)(1) of the 
Department of Defense Authorization Act, 1986 (99 Stat. 601), 
relating to any new contract for the procurement of 5-ton 
trucks. 
(3) The legislative environmental impact statement required 
:^'m by section 209(c) of such Act (99 Stat. 610), relating to full-scale 
development of a small intercontinental ballistic missile or the 
selection of basing areas for the deployment of such missile. 
(4) The certification required by section 222 of such Act (99 
10 use 139 note. 
Stat. 613), relating to termination of a prohibition of deploy-
ment of a strategic defense system. 
(5) The reports required by section 223 of such Act (99 Stat. 
613), relating to the Strategic Defense Initiative. 
^ ^ , . 
, 
(6) The quarterly reports required by section 502(c) of such 
- •' •.'^^.; :i 
p^f,^ (99 g^^^ g21), relating to the obligation of funds appro-
priated for civilian personnel. 
Union of Soviet 
(7) The report required by section 1002 of such Act (99 Stat. 
Socialist 
705) relating to Soviet compliance with arms control commit-
Republics. 
- 
w.^Jfo 
22 u s e 2592a 
menus. 
(8) The annual report required by section 1221(d)(2) of such 
Act (99 Stat. 727), relating to a research program to support the 
.— polygraph activities of the Department of Defense. 
(9) The annual reports required by section 1407 of such Act 
10 use 133 note. 
(99 Stat. 745), relating to unobligated balances in appropriation 
accounts. 
(10)(A) The certifications required by subsections Ot)) and (c)(2) 
of section 1411 of such Act (99 Stat. 745), relating to the procure-
ment or assembly of binary chemical weapons. 
(B) The report required by subsection (e) of such section, 
relating to consultations among member nations of the North 
Atlantic Treaty Organization concerning the chemical deter-
rent posture of the North Atlantic Treaty Organization. 
(11) The annual report required by section 1412(g) of the 
50 use 1521. 
Department of Defense Authorization Act, 1986 (99 Stat. 748), 
' • relating to the program for the destruction of the United States 
stockpile of lethal chemical agents and munitions, 
(n) PUBLIC LAW 98-473.—The exception provided in subsection 
(d)(3) applies to the following: 
(1) The notifications required by the proviso in section 8005(m) 
of the Department of Defense Appropriations Act, 1985 (as 
contained in section 101(h) of Public Law 98-473 (98 Stat. 1923)), 
relating to unusual cost overruns incident to overhaul, mainte-
nance, and repair for certain ships. 
(2) The annual report required by section 8104(b) of such Act 
10 use 139 note. 
(98 Stat. 1942), relating to consultations with members of 
common defense alliances concerning Strategic Defense Initia-
tive research, 
(o) PUBLIC LAW 99-190.—The exception provided in subsection 
(d)(3) applies to the following: 
(1) The notifications required by section 8020 or 8021 of the 
Department of Defense Appropriations Act, 1986 (as contained 
, , in section 101(b) of Public Law 99-190 (99 Stat. 1206)), relating 
to transfers of working capital funds. 
, , 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1073 
(2) The notifications required by section 8021 of such Act (99 
Stat. 1206), relating to the obligation of working capital funds to 
procure war reserve material inventory. 
(3) The notifications required by section 8042 of such Act (99 
Stat. 1210), relating to the availability of appropriated funds for 
intelligence or special activities different from activities justi-
fied to the Congress. 
(4) The notification required by section 8075 of such Act (99 
Stat. 1214), relating to the acquisition of certain types of weap-
ons, subsystems, and munitions of European North Atlantic 
Treaty Organization manufacture. 
1 
(5) The certification required by section 8097 of such Act (99 
Stat. 1219), relating to the obligation or expenditure of funds to lo USC139 note. 
carry out a test of the Space Defense System (anti-satellite 
weapon) against an object in space. 
(p) MiuTARY CONSTRUCTION AUTHORIZATION ACTS.—(1) The excep-
tion provided in subsection (dX3) applies to the annual reports 
required by section 704 of the Military Construction Authorization 
Act, 1982 (Public Law 97-99; 95 Stat. 1377), relating to contracts for 
construction in the United States and its possessions. 
(2) The exception provided in subsection (dX3) applies to the 
following: 
(A) The economic analyses required by section 802(d)(1) of the 
I 
Military Construction Authorization Act, 1984 (10 U.S.C. 2821 
note), relating to proposed military housing rental guarantee 
fc 
agreements. 
p 
(B) The notifications required by section 803(bX2) of such Act 
(10 U.S.C. 2821 note), relating to waivers of a requirement to use 
7 
manufactured or factory-built housing fabricated in the United 
B 
States by a United States contractor for military family housing 
9 
construction in foreign countries. 
(3) The exception provided in subsection (dX3) applies to the report 
South Carolina. 
required by section 840(d) of the Military Construction Authoriza-
tion Act, 1986 (Public Law 99-167; 99 Stat. 998), relating to the sale 
of land at Fort Jackson, South Carolina. 
(q) MiuTARY CONSTRUCTION APPROPRIATION ACTS.—The exception 
provided in subsection (dX3) applies to the following: 
(1) The annual report required by the third proviso in the 
undesignated paragraph under the heading "FOREIGN CUR-
RENCY FLUCTUATION, CONSTRUCTION, DEFENSE" in the Military 
1
^ 
Construction Appropriation Act, 1980 (Public Law 96-130; 93 
'^ 
Stat. 1019), relating to transfers of appropriated funds to elimi- 31 USC 628-3. 
nate losses in military construction or expenses of family hous-
i 
ing caused by fluctuations in foreign currency exchange rates of 
i 
foreign countries. 
* 
(2) The reports required by section 125(a) of the Military 
Construction Appropriations Act, 1985 (as contained in section 
:; 
101(e) of Public Law 98-473; 98 Stat. 1883), relating to termi-
' 
nations of a prohibition on the availability of appropriated 
military construction funds to foreign governments ineligible 
to receive such funds by reason of inadequate drug control 
measures. 
ii (j.) The report required by section 1436(a) of title 38, United States 
Code, relating to the New GI-Bill Educational Assistance Program 
under chapter 30 of such title. 
38 USC 1401 et 
is) INSPECTOR GENERAL ACT OF 1978.—The exception provided in seq. 
subsection (dX3) applies to the following: 
100 STAT. 1074 
PUBLIC LAW 99-433—OCT. 1, 1986 
SUSCapp. 
(1) The semiannual report required by section 5(b) of the 
Inspector General Act of 1978 (5 U.S.C. App. 3), relating to 
activities of the Inspector General of the Department of 
Defense. 
(2) The reports required by section 5(d) of such Act (5 U.S.C. 
App. 3), relating to particular cases of problems, abuses, or 
^,^j deficiencies which have come to the attention of the Inspector 
General of the Department of Defense. 
(3) The statements required by paragraphs (3) and (4) of 
5 use app. 
section 8(b) of such Act (5 U.S.C. App. 3), relating to the exercise 
,» of certain authority of the Secretary of Defense with respect to 
^ 
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^^® activities of the Inspector General of the Department of 
®'''"' '•' ' "'"'' •
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Defense. 
(t) INTELLIGENCE COMMUNITY PROVISIONS.—The exception pro-
vided in subsection (d)(3) applies to the following: 
(1) The requirement to furnish information and to report to 
Congress concerning intelligence activities as provided in title V 
of the National Security Act of 1947 (50 U.S.C. 413 et seq.). 
(2) Reports and information required to be furnished under 
s/i t the following provisions of law: 
(A) Section 1601(e) of title 10, United States Code, relating 
0, 
to the Defense Intelligence Senior Executive Service. 
(B) Section 1604(e) of such title, relating to termination of 
certain Defense Intelligence Agency personnel. 
(C) Section 1605 of such title, relating to benefits and 
tr# ;^ 
allowances for certain Defense Intelligence Agency civilian 
personnel. 
(3) Reports and information required to be furnished under 
section 431 of title 37, United States Code, relating to benefits 
and allowances for certain military personnel assigned to the 
.xru\:n3i :jjj.v 
Defense Intelligence Agency. 
(u) ADDITIONAL MISCELLANEOUS EXCEPTIONS.—The exception pro-
vided in subsection (d)(3) applies to the following: 
(1) The reports required by section 673(d) of title 10, United 
^"•^•^ States Code, relating to the necessity for units of the Ready 
^ ., Reserve being ordered to active duty. 
' ' 
(2) The reports required by section 673b(f) of such title, relat-
ing to necessity of ordering units or members of the Selected 
Reserve to active duty. 
(3) The reports required under section 836(b) (article 360t>)) of 
such title, relating to rules and regulations prescribed by the 
President under such section. 
(4) The reports required by section 867(g)(1) (article 69(g)(1) of 
,-r 
such title, relating to the operation of the Uniform Code of 
Military Justice. 
(5) The reports required by subsections (a) and (h) of section 
1008 and subsections (e) and (f) of section 1009 of title 37, United 
States Code, relating to military compensation. 
SEC. 603. ANNUAL REPORT ON NATIONAL SECURITY STRATEGY 
(a) ANNUAL PRESIDENTIAL REPORT.—(1) Title I of the National 
Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at 
^hi' >
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h 
the end the following new section: 
s~m.i^'WJ IS 
PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1075 
"ANNUAL NATIONAL SECURITY STRATEGY REPORT 
"SEC. 104. (aXD The President shall transmit to Congress each 50 use 404a. 
year a comprehensive report on the national security strategy of the 
United States (hereinafter in this section referred to as a 'national 
security strategy report'). 
"(2) The national security strategy report for any year shall be 
transmitted on the date on which the President submits to Congress 
the budget for the next fiscal year under section 1105 of title 31, 
United States Code. 
"(b) Each national security strategy report shall set forth the 
national security strategy of the United States and shall include a 
comprehensive description and discussion of the following: 
i/ 
"(1) The worldwide interests, goals, and objectives of the 
United States that are vital to the national security of the 
United States. 
"(2) The foreign policy, worldwide commitments, and national 
defense capabilities of the United States necessary to deter 
aggression and to implement the national security strategy of 
the United States. 
"(3) The proposed short-term and long-term uses of the politi-
cal, economic, military, and other elements of the national 
f
^ 
power of the United States to protect or promote the interests 
'? 
and achieve the goals and objectives referred to in paragraph 
(1). 
"(4) The adequacy of the capabilities of the United States to 
carry out the national security strategy of the United States, 
including an evaluation of the balance among the capabilities of 
all elements of the national power of the United States to 
support the implementation of the national security strategy. 
"(5) Such other information as may be necessary to help 
inform Congress on matters relating to the national security 
strategy of the United States. 
"(c) Each national security strategy report shall be transmitted in Classified 
both a classified and an unclassified form.". 
information. 
(2) The table of contents in the first section of such Act is amended 
by inserting after the item relating to section 103 the following new 
item: 
"Sec. 104. Annual national security strategy report.". 
O
b
) REVISION OF ANNUAL SECRETARY OF DEFENSE REPORT.—Subsec-
tion (e) of section 113 (as redesignated by section 101(a) of this Act) is Ante, pp. 996, 
amended to read as follows: 
^^^2. 
"(eXD The Secretary shall include in his annual report to Con-
gress under subsection (c)— 
"(A) a description of the major military missions and of the 
military force structure of the United States for the next fiscal 
year; 
"(B) an explanation of the relationship of those military 
missions to that force structure; and 
"(C) the justification for those military missions and that 
force structure. 
"(2) In preparing the matter referred to in paragraph (1), the 
Secretary shall take into consideration the content of the annual 
national security strategy report of the President under section 104 
of the National Security Act of 1947 for the fiscal year concerned.". Supra. 
100 STAT. 1075a 
PUBLIC LAW 99-433—OCT. 1, 1986 
10 use 111 note. 
SEC. 604. LEGISLATION TO MAKE REQUIRED CONFORMING CHANGES IN 
LAW 
Not later than six months after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the 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 this Act. 
SEC. 605. GENERAL TECHNICAL AMENDMENTS 
(a) The tables of chapters at the beginning of subtitle A, and at the 
beginning of part I of such subtitle, are amended by striking out the 
items relating to chapters 3 through 8 and inserting in lieu thereof 
the following: 
"2. Department of Defense 
Ill 
"3. General Powers and Functions 
121 
"4. Office of the Secretary of Defense 
131 
"5. Joint Chiefs of Staff 
151 
"6. Combatant Commands 
161 
"7. Boards, Councils, and Committees 
171 
"8. Defense Agencies and Department of Defense Field Activities 
191". 
(b) The tables of chapters at the beginning of subtitle A, and at the 
beginning of part IV of such subtitle, are amended by inserting after 
the item relating to chapter 143 the following new item: 
"144. Oversight of Cost Growth in Major Programs 
2431". 
Approved October 1, 1986. 
. ... 
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PUBLIC LAW 99-433—OCT. 1, 1986 
100 STAT. 1075b 
X..: 
LEGISLATIVE HISTORY—H.R. 3622 (S. 2295) (H.R. 4370): 
HOUSE REPORTS: No. 99-375 and No. 99-700 accompanying H.R. 4370 (both from 
Comm. on Armed Services) and No. 99-824 (Comm. of Conference). 
SENATE REPORTS: No. 99-280 accompanying S. 2295 (Comm. on Armed Services). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): Nov. 20, considered and passed House. 
Vol. 132 (1986): May 7, considered and passed Senate, amended, in lieu of 
S. 2295. 
i 
Aug. 11, House concurred in Senate amendments with amend-
ments. 
Sept. 16, Senate agreed to conference report. 
Sept. 17, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
Oct. 1, Presidential statement.