§ 113. Secretary of Defense

§ 113. Secretary of Defense

(a)

(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.

(2) A person may not be appointed as Secretary of Defense—

(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or

(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.

(b) The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 (50 U.S.C. 3002) he has authority, direction, and control over the Department of Defense.

(c) The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—

(1) a report from each military department on the expenditures, work, and accomplishments of that department;

(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and

(3) such recommendations as he considers appropriate.

(d) Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense as he may designate.

(e)

(1) The Secretary shall include in his annual report to Congress 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 108 of the National Security Act of 1947 (50 U.S.C. 3043) for the fiscal year concerned.

(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.

(g)

(1)

(A) Except as provided in subparagraph (E), in January every four years, and intermittently otherwise as may be appropriate, the Secretary of Defense shall provide to the Secretaries of the military departments, the Chiefs of Staff of the armed forces, the commanders of the unified and specified combatant commands, and the heads of all Defense Agencies and Field Activities of the Department of Defense and other elements of the Department specified in paragraphs (1) through (10) of section 111(b) of this title, and to the congressional defense committees, a defense strategy. Each strategy shall be known as the “national defense strategy”, and shall support the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 3043).

(B) Each national defense strategy shall including the following:

(i) The priority missions of the Department of Defense, and the assumed force planning scenarios and constructs.

(ii) The assumed strategic environment, including the most critical and enduring threats to the national security of the United States and its allies posed by state or non-state actors, and the current or projected threats to military installation resilience, and the strategies that the Department will employ to counter such threats and provide for the national defense.

(iii) A strategic framework prescribed by the Secretary that guides how the Department will prioritize among the threats described in clause (ii) and the missions specified pursuant to clause (i), how the Department will allocate and mitigate the resulting risks, and how the Department will make resource investments.

(iv) The roles and missions of the armed forces to carry out the missions described in clause (i), and the assumed roles and capabilities provided by other United States Government agencies and by allies and international partners.

(v) The force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support such strategy.

(vi) The major investments in defense capabilities, force structure, force readiness, force posture, and technological innovation that the Department will make over the following five-year period in accordance with the strategic framework described in clause (iii).

(vii) A strategic framework prescribed by the Secretary that guides how the Department will prioritize and integrate activities relating to sustainment of major defense acquisition programs, core logistics capabilities (as described under section 2464 of this title), commercial logistics capabilities, and the national technology and industrial base (as defined in section 4801 of this title).

(viii) A strategic framework prescribed by the Secretary that guides how the Department will specifically address contested logistics, including major investments for related infrastructure, logistics-related authorities, force posture, related emergent technology and advanced computing capabilities, operational resilience, and operational energy, over the following five-year period to support such strategy.

(ix) Strategic goals to address or mitigate the current and projected risks to military installation resilience.

(C) The Secretary shall seek the military advice and assistance of the Chairman of the Joint Chiefs of Staff in preparing each national defense strategy required by this subsection.

(D) Each national defense strategy under this subsection shall be presented to the congressional defense committees in both classified and unclassified form. The unclassified form may not be a summary of the classified document.

(E) In a year following an election for President, which election results in the appointment by the President of a new Secretary of Defense, the Secretary shall present the national defense strategy required by this subsection as soon as possible after appointment by and with the advice and consent of the Senate.

(F) In February of each year in which the Secretary does not submit a new defense strategy as required by paragraph (A), the Secretary shall submit to the congressional defense committees an assessment of the current national defense strategy, including an assessment of the implementation of the strategy by the Department and an assessment whether the strategy requires revision as a result of changes in assumptions, policy, or other factors.

(2)

(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year provide to the officials and officers referred in paragraph (1)(A) written guidance (to be known as “Defense Planning Guidance”) establishing goals, priorities, including priorities relating to the current or projected risks to military installation resilience, and objectives, including fiscal constraints, to direct the preparation and review of the program and budget recommendations of all elements of the Department, including—

(i) the priority military missions of the Department, including the assumed force planning scenarios and constructs;

(ii) the force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support the strategy required by paragraph (1);

(iii) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective; and

(iv) a discussion of any changes in the strategy required by paragraph (1) and assumptions underpinning the strategy, as required by paragraph (1).

(B) The guidance required by this paragraph shall be produced in February each year in order to support the planning and budget process. A comprehensive briefing on the guidance shall be provided to the congressional defense committees at the same time as the submission of the budget of the President (as submitted to Congress pursuant to section 1105(a) of title 31) for the fiscal year beginning in the year in which such guidance is produced.

(3)

(A) In implementing the requirement in paragraph (1) and in conjunction with the reporting requirement in section 2687a of this title, the Secretary, with the approval of the President and the advice of the Chairman of the Joint Chiefs of Staff, shall, on the basis provided in subparagraph (E), provide to the officials and officers referred to in paragraph (1)(A) written guidance (to be known as “Contingency Planning Guidance” or “Guidance for Employment of the Force”) on the preparation and review of contingency and campaign plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities.

(B) The guidance required by this paragraph shall include the following:

(i) A description of the manner in which limited existing forces and resources shall be prioritized and apportioned to achieve the objectives described in the strategy required by paragraph (1).

(ii) A description of the relative priority of contingency and campaign plans, specific force levels, and supporting resource levels projected to be available for the period of time for which such plans are to be effective.

(C) The guidance required by this paragraph shall include the following:

(i) Prioritized global, regional, and functional policy objectives that the armed forces should plan to achieve, including plans for deliberate and contingency scenarios.

(ii) Policy and strategic assumptions that should guide military planning, including the role of foreign partners.

(iii) Guidance on global posture and global force management.

(iv) Security cooperation priorities.

(v) Specific guidance on United States and Department nuclear policy.

(D) The guidance required by this paragraph shall be the primary source document to be used by the Chairman of the Joint Chiefs of Staff in—

(i) executing the global military integration responsibilities described in section 153 of this title; and

(ii) developing implementation guidance for the Joint Chiefs of Staff and the commanders of the combatant commands.

(E) The guidance required by this paragraph shall be produced every two years, or more frequently as needed.

(4)

(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year produce, and submit to the congressional defense committees, a report (to be known as the “Global Defense Posture Report”) that shall include the following:

(i) A description of major changes to United States forces, capabilities, and equipment assigned and allocated outside the United States, focused on significant alterations, additions, or reductions to such global defense posture that are required to execute the strategy and plans of the Department.

(ii) A description of the supporting network of infrastructure, facilities, pre-positioned stocks, and war reserve materiel required for execution of major contingency plans of the Department.

(iii) A list of all enduring locations, including main operating bases, forward operating sites, and cooperative security locations.

(iv) A description of the status of treaty, access, cost-sharing, and status-protection agreements with foreign nations.

(v) A summary of the priority posture initiatives for each region by the commanders of the combatant commands.

(vi) For each military department, a summary of the implications for overseas posture of any force structure changes.

(vii) A description of the costs incurred outside the United States during the preceding fiscal year in connection with operating, maintaining, and supporting United States forces outside the United States for each military department, broken out by country, and whether for operation and maintenance, infrastructure, or transportation.

(viii) A description of the amount of direct support for the stationing of United States forces provided by each host nation during the preceding fiscal year.

(B) The report required by this paragraph shall be submitted to the congressional defense committees as required by subparagraph (A) by not later than April 30 each year.

(C) In this paragraph, the term “United States”, when used in a geographic sense, includes the territories and possessions of the United States.

(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.

(i)

(1) The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries.

(2) Each such report shall—

(A) include a comparison of the defense capabilities and programs of the armed forces of the United States and its allies with the armed forces of potential adversaries of the United States and allies of the United States;

(B) include an examination of the trends experienced in those capabilities and programs during the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221 of this title;

(C) include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the armed forces of the United States on short notice to meet a resurgent or increased threat to the national security of the United States;

(D) reflect, in the overall assessment and in the strategic and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the budget submitted to Congress under section 1105 of title 31 in the year in which the report is submitted and in the five-year defense program submitted in such year; and

(E) identify the deficiencies in the defense capabilities of the armed forces of the United States in such budget and such five-year defense program.

(3) The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the President submits the budget to Congress under section 1105 of title 31 in that year. Such report shall be transmitted in both classified and unclassified form.

(j)

(1) Not later than April 8 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the cost of stationing United States forces outside of the United States. Each such report shall include a detailed statement of the following:

(A) The costs incurred outside the United States in connection with operating, maintaining, and supporting United States forces outside the United States, including all direct and indirect expenditures of United States funds in connection with such stationing.

(B) The amount of direct and indirect support for the stationing of United States forces provided by each host nation.

(2) In this subsection, the term “United States”, when used in a geographic sense, includes the territories and possessions of the United States.

(k) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the Secretaries of the military departments and to the commanders of the combatant commands written guidelines to direct the effective detection and monitoring of all potential aerial and maritime threats to the national security of the United States. Those guidelines shall include guidance on the specific force levels and specific supporting resources to be made available for the period of time for which the guidelines are to be in effect.

(l) On an annual basis, the Secretary of Defense, in coordination with the Secretary of the Department in which the Coast Guard is operating, shall submit to the congressional defense committees a report that sets forth a detailed discussion, current as of the preceding fiscal year, of the following:

(1) The number of officers and enlisted members of the armed forces, including the reserve components, disaggregated by gender, race, and ethnicity, for each grade in each armed force.

(2) The number of members of the armed forces, including the reserve components, who were promoted during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, for each grade in each armed force, and of the number so promoted, the number promoted below, in, and above the applicable promotion zone.

(3) The number of members of the armed forces, including the reserve components, who were enlisted or accessed into the armed forces during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, in each armed force.

(4) The number of graduates of each military service academy during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, for each military department and the United States Coast Guard.

(5) The number of Senior Reserve Officers’ Training Corps scholarships awarded during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.

(6) The program completion rates and program withdrawal rates of Senior Reserve Officers’ Training Corps scholarship recipients during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.

(7) The number of graduates of the Senior Reserve Officers’ Training Corps during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.

(8) The number of members of the armed forces, including the reserve components, who reenlisted or otherwise extended a commitment to military service during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, for each grade in each armed force.

(9) The number of civilian employees of the Department, disaggregated by military department, gender, race, and ethnicity—

(A) in each grade of the General Schedule;

(B) in each grade of the Senior Executive Service;

(C) paid at levels above grade GS-15 of the General Schedule but who are not members of the Senior Executive Service;

(D) paid under the Federal Wage System, and

(E) paid under alternative pay systems.

(10) An assessment of the pool of officers best qualified for promotion to grades O–9 and O–10, disaggregated by gender, race, and ethnicity, in each military department and the United States Coast Guard.

(11) Any other matter the Secretary considers appropriate.

(m) Information To Accompany Funding Request for Contingency Operation.— Whenever the President submits to Congress a request for appropriations for costs associated with a contingency operation that involves, or likely will involve, the deployment of more than 500 members of the armed forces, the Secretary of Defense shall submit to Congress a report on the objectives of the operation. The report shall include a discussion of the following:

(1) What clear and distinct objectives guide the activities of United States forces in the operation.

(2) What the President has identified on the basis of those objectives as the date, or the set of conditions, that defines the endpoint of the operation.

(n) Notification of Certain Overseas Contingency Operations for Purposes of Inspector General Act of 1978.— The Secretary of Defense shall provide the Chair of the Council of Inspectors General on Integrity and Efficiency written notification of the commencement or designation of a military operation as an overseas contingency operation upon the earlier of—

(1) a determination by the Secretary that the overseas contingency operation is expected to exceed 60 days; or

(2) the date on which the overseas contingency operation exceeds 60 days.

(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 517, § 133; amended Pub. L. 96–513, title V, § 511(3), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 97–252, title XI, § 1105, Sept. 8, 1982, 96 Stat. 739; Pub. L. 97–295, § 1(1), Oct. 12, 1982, 96 Stat. 1287; renumbered § 113 and amended Pub. L. 99–433, title I, §§ 101(a)(2), 102, 110(b)(2), (d)(2), title III, § 301(b)(2), title VI, § 603(b), Oct. 1, 1986, 100 Stat. 994, 996, 1002, 1022, 1075; Pub. L. 100–26, § 7(d)(1), Apr. 21, 1987, 101 Stat. 280; Pub. L. 100–180, div. A, title XII, § 1214, Dec. 4, 1987, 101 Stat. 1157; Pub. L. 100–370, § 1(o)(1), July 19, 1988, 102 Stat. 850; Pub. L. 100–456, div. A, title VII, § 731, title XI, § 1101, Sept. 29, 1988, 102 Stat. 2003, 2042; Pub. L. 101–189, div. A, title XVI, § 1622(c)(1), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 101–510, div. A, title XIII, § 1322(a)(1), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 102–190, div. A, title III, § 341, Dec. 5, 1991, 105 Stat. 1343; Pub. L. 103–337, div. A, title X, § 1070(a)(1), title XVI, § 1671(c)(2), Oct. 5, 1994, 108 Stat. 2855, 3014; Pub. L. 104–106, div. A, title XV, §§ 1501(a)(8)(B), 1502(a)(3), 1503(a)(1), Feb. 10, 1996, 110 Stat. 495, 502, 510; Pub. L. 104–201, div. A, title XII, § 1255(c), Sept. 23, 1996, 110 Stat. 2698; Pub. L. 105–85, div. A, title IX, § 903, Nov. 18, 1997, 111 Stat. 1854; Pub. L. 105–261, div. A, title IX, § 915(a), title XII, § 1212(b), Oct. 17, 1998, 112 Stat. 2101, 2152; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 110–181, div. A, title IX, § 903(a), title XVIII, § 1815(e), Jan. 28, 2008, 122 Stat. 273, 500; Pub. L. 111–383, div. A, title V, § 514(b), Jan. 7, 2011, 124 Stat. 4213; Pub. L. 112–81, div. A, title IX, § 933(a), title X, § 1064(1), Dec. 31, 2011, 125 Stat. 1543, 1586; Pub. L. 112–239, div. A, title X, § 1076(f)(1), Jan. 2, 2013, 126 Stat. 1951; Pub. L. 113–291, div. A, title X, § 1071(c)(1), (2), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 114–92, div. A, title X, § 1060(a), Nov. 25, 2015, 129 Stat. 987; Pub. L. 114–328, div. A, title IX, § 941(a), Dec. 23, 2016, 130 Stat. 2365; Pub. L. 115–91, div. A, title X, §§ 1051(a)(1), 1081(a)(1), Dec. 12, 2017, 131 Stat. 1560, 1594; Pub. L. 115–232, div. A, title X, § 1041, Aug. 13, 2018, 132 Stat. 1954; Pub. L. 116–92, div. A, title XVII, §§ 1731(a)(3), 1732(a), Dec. 20, 2019, 133 Stat. 1812, 1816; Pub. L. 116–283, div. A, title V, § 551(a)(1), title VIII, § 811(a)(1), title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 3627, 3748, 4294; Pub. L. 117–81, div. A, title III, § 311(a), title V, § 573, title IX, § 901(a), title XI, § 1101, Dec. 27, 2021, 135 Stat. 1625, 1755, 1867, 1949; Pub. L. 117–263, div. A, title V, § 511, title X, §§ 1041, 1081(a)(2), Dec. 23, 2022, 136 Stat. 2563, 2770, 2797; Pub. L. 119–60, div. A, title IX, § 901(a), Dec. 18, 2025, 139 Stat. 1006.)

In subsection (a), the last sentence is substituted for 5 U.S.C. 171a(a) (proviso).

In subsection (b), the words “this title and section 401 of title 50” are substituted for 5 U.S.C. 171a(b) (13th through 30th words of last sentence), since those words merely described the coverage of this title and section 401 of title 50.

In subsection (c), the words “during the period covered by the report” are inserted for clarity. The following substitutions are made: “under section 125 of this title” for “pursuant to the provisions of this Act” since 125 of this title relates to the duty of the Secretary of Defense to take action to save public funds and to eliminate duplication in the Department of Defense; and the last 22 words of clause (3) for 5 U.S.C. 171a–1 (last 13 words).

In subsection (d), section 5 of 1953 Reorganization Plan No. 6 is omitted as covered by 5 U.S.C. 171a(f).

Historical and Revision Notes
1962 Act
Revised section	Source (U.S. Code)	Source (Statutes at Large)
133(a)133(b)133(c)133(d)	5:171(a) (last 10 words).5:171a(a).5:171a(b).5:171a(d).5:171a–1.5:171a(f).5:171n(a) (as applicable to 5:171a(f)).	July 26, 1947, ch. 343, §§ 201(a) (last 10 words), 202(a),(b); restated Aug. 10, 1949, ch. 412, §§ 4 (last 10 words of 1st par.), 5 (1st and 2d pars.), 63 Stat. 579, 580.
	[Uncodified: 1953 Reorg. Plan No. 6, § 5, eff. June 30, 1953, 67 Stat. 639].5:171n(a).	July 26, 1947, ch. 343, § 202(d); added Apr. 2, 1949, ch. 47, § 1; restated Aug. 10, 1949, ch. 412, § 5 (9th par.); restated Aug. 6, 1958, Pub. L. 85–599, § 3(b), 72 Stat. 516.
		July 26, 1947, ch. 343, § 202(f); added Aug. 10, 1949, ch. 412, § 5 (11th par.), 63 Stat. 581.
		July 26, 1947, ch. 343, § 308(a) (as applicable to § 202(f)), 61 Stat. 509.
		July 9, 1952, ch. 608, § 257(e), 66 Stat. 497; Sept. 3, 1954, ch. 1257, § 702(c), 68 Stat. 1189.
		1953 Reorg. Plan No. 6, § 5, eff. June 30, 1953, 67 Stat. 639.

The words “prepare and” are omitted as surplus.

1982 Act
Revised section	Source (U.S. Code)	Source (Statutes at Large)
133(e)	10:133 (note).	Oct. 7, 1975, Pub. L. 94–106, § 812, 89 Stat. 540.

1988 Act

Subsection (k) is based on Pub. L. 100–202, § 101(b) [title VIII, § 8042], 101 Stat. 1329–69.

Section 8042 of the FY88 Defense Appropriations Act (Public Law 100–202) established a requirement for the Secretary of Defense to submit an annual report on the cost of stationing United States forces overseas. Under that section, the annual report is to be sent to the Committees on Appropriations of the two Houses. In codifying that section as section 113(k) of title 10, the committee added the two Armed Services Committees as committees to be sent the annual report. This minor change from the source law does not change the nature of the report to be submitted.

The committee notes that the source section does not specify the period of time to be covered by the report. In the absence of statutory language specifying the period to be covered by the report, it would seem reasonable to conclude that the report should cover the previous fiscal year. The committee notes, however, that the report of the Senate Appropriations Committee on its FY88 defense appropriations bill (S. Rpt. 100–235) states that this new annual report “should cover the budget years and the 2 previous fiscal years” (page 54). The committee believes that such a requirement may be unnecessarily burdensome and in any case, if such a requirement is intended, should be stated in the statute. In the absence of clear intent, the provision is proposed to be codified without specifying the period of time to be covered by the annual report.

In codifying this provision, the committee also changed the term “United States troops” in the source law to “United States forces” for consistency in usage in title 10 and as being preferable usage. No change in meaning is intended. The committee also changed “overseas” to “outside the United States” and defined “United States” for this purpose to include the territories and possessions of the United States. The committee was concerned that the term “overseas” read literally could include Hawaii or Guam, an interpretation clearly not intended in enacting section 8042. The committee notes that the Senate report referred to above states “For the purposes of this report [meaning the new DOD annual report], U.S. forces stationed overseas are considered to be those outside of the United States and its territories.”. The committee extrapolates from this statement that provisions in the report requirement relating to expenditures “overseas” and costs incurred “overseas” are also to be construed as relating to matters outside the United States and its territories and has prepared the codified provision accordingly.

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (m)(9)(A), (C), is set out under section 5332 of Title 5, Government Organization and Employees.

Senior Executive Service, referred to in subsec. (m)(9)(B), (C), see section 5382 of Title 5, Government Organization and Employees.

The Inspector General Act of 1978, referred to in subsec. (o), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding section 101 of Title 5.

Amendments

2025—Subsec. (c)(2) to (4). Pub. L. 119–60, § 901(a)(1), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “a report from each military department on the status of diversity and inclusion of members and civilian employees in such department, including the status of diversity and inclusion in the military service academies, the Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps programs of such department;”.

Subsec. (g)(1)(B)(vii) to (x). Pub. L. 119–60, § 901(a)(2), redesignated cls. (viii) to (x) as (vii) to (ix), respectively, and struck out former cl. (vii) which read as follows: “Strategic goals related to diversity and inclusion in the armed forces, and an assessment of measures of performance related to the efforts of the armed forces to reflect the diverse population of the United States eligible to serve in the armed forces.”

Subsec. (l). Pub. L. 119–60, § 901(a)(5), in introductory provisions, substituted “On an annual basis” for “Accompanying each national defense strategy provided to the congressional defense committees in accordance with subsection (g)(1)(D)” and “submit to the congressional defense committees a report” for “provide a report”.

Pub. L. 119–60, § 901(a)(3), (4), redesignated subsec. (m) as (l) and struck out former subsec. (l) which required the Secretary of Defense, in coordination with the Secretary of the Department in which the Coast Guard was operating, to establish certain metrics.

Subsecs. (m) to (o). Pub. L. 119–60, § 901(a)(4), redesignated subsecs. (n) and (o) as (m) and (n), respectively. Former subsec. (m) redesignated (l).

2022—Subsec. (g)(1)(D). Pub. L. 117–263, § 1041, substituted “in both classified and unclassified form. The unclassified form may not be a summary of the classified document.” for “in classified form with an unclassified summary.”

Subsec. (l)(2)(F). Pub. L. 117–263, § 1081(a)(2)(A), inserted period after “inclusion in the armed forces”.

Subsec. (m)(5), (6). Pub. L. 117–263, § 511(4), added pars. (5) and (6). Former pars. (5) and (6) redesignated (7) and (8), respectively.

Subsec. (m)(7). Pub. L. 117–263, § 511(3), redesignated par. (5) as (7). Former par. (7) redesignated (9).

Subsec. (m)(8). Pub. L. 117–263, § 511(3), redesignated par. (6) as (8).

Pub. L. 117–263, § 511(2), redesignated par. (8) relating to providing assessment of pool of officers best qualified for promotion in each military department and United States Coast Guard in report as (10).

Pub. L. 117–263, § 511(1), redesignated par. (8) relating to providing any other matter Secretary considers appropriate in report as (11).

Subsec. (m)(9). Pub. L. 117–263, § 1081(a)(2)(B), which directed redesignation of “second paragraph (8) as paragraph (9)”, was not executed in light of the redesignations made by section 511 of Pub. L. 117–263, notwithstanding section 1081(f) of Pub. L. 117–263, set out as a note under section 102 of this title, which provided that amendments made by section 1081 of Pub. L. 117–263 should be treated as having been enacted immediately before other amendments by Pub. L. 117–263.

Pub. L. 117–263, § 511(3), redesignated par. (7) as (9).

Subsec. (m)(10). Pub. L. 117–263, § 511(2), redesignated par. (8) relating to providing assessment of pool of officers best qualified for promotion in each military department and United States Coast Guard in report as (10).

Subsec. (m)(11). Pub. L. 117–263, § 511(1), redesignated par. (8) relating to providing any other matter Secretary considers appropriate in report as (11).

2021—Subsec. (a). Pub. L. 117–81, § 901(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.”

Subsec. (c)(2). Pub. L. 117–81, § 1101(1), inserted “of members and civilian employees” after “inclusion”.

Pub. L. 117–81, § 573(1), inserted before semicolon at end “, including the status of diversity and inclusion in the military service academies, the Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps programs of such department”.

Pub. L. 116–283, § 551(a)(1)(A)(ii), added par. (2). Former par. (2) redesignated (3).

Subsec. (c)(3), (4). Pub. L. 116–283, § 551(a)(1)(A)(i), redesignated pars. (2) and (3) as (3) and (4), respectively.

Subsec. (g)(1)(B)(ii). Pub. L. 117–81, § 311(a)(1)(A), substituted “actors, and the current or projected threats to military installation resilience,” for “actors,”.

Subsec. (g)(1)(B)(vii). Pub. L. 116–283, § 551(a)(1)(B), added cl. (vii).

Subsec. (g)(1)(B)(viii). Pub. L. 116–283, § 1883(b)(2), substituted “section 4801” for “section 2500”.

Pub. L. 116–283, § 881(a)(1), added cl. (viii).

Subsec. (g)(1)(B)(ix). Pub. L. 116–283, § 811(a)(1), added cl. (ix).

Subsec. (g)(1)(B)(x). Pub. L. 117–81, § 311(a)(1)(B), added cl. (x).

Subsec. (g)(2)(A). Pub. L. 117–81, § 311(a)(2), substituted “priorities, including priorities relating to the current or projected risks to military installation resilience,” for “priorities,” in introductory provisions.

Subsec. (l). Pub. L. 116–283, § 551(a)(1)(D), added subsec. (l).

Subsec. (l)(1)(B), (C). Pub. L. 117–81, § 1101(2)(A), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (l)(2)(B). Pub. L. 117–81, § 1101(2)(B), inserted “and civilian employees of the Department” after “members of the armed forces”.

Subsec. (m). Pub. L. 116–283, § 551(a)(1)(D), added subsec. (m). Former subsec. (m) redesignated (n).

Subsec. (m)(5), (6). Pub. L. 117–81, § 573(2)(A), (B), added par. (5) and redesignated former par. (5) as (6). Former par. (6) redesignated (7).

Subsec. (m)(7), (8). Pub. L. 117–81, § 1101(3), added par. (7) and redesignated former par. (7), relating to providing assessment of pool of officers best qualified for promotion in each military department and United States Coast Guard in report, as (8).

Pub. L. 117–81, § 573(2)(A), redesignated pars. (6) and (7), relating to providing any other matter Secretary considers appropriate in report, as (7) and (8), respectively.

Subsecs. (n), (o). Pub. L. 116–283, § 551(a)(1)(C), redesignated subsecs. (m) and (n) as (n) and (o), respectively.

2019—Subsec. (j)(1). Pub. L. 116–92, § 1731(a)(3), inserted “the” before “congressional defense committees”.

Subsec. (n). Pub. L. 116–92, § 1732(a), added subsec. (n).

2018—Subsec. (g)(2) to (4). Pub. L. 115–232 added pars. (2) to (4) and struck out former pars. (2) to (4) which related to annual provision of written policy guidance for preparation and review of program recommendations and budget proposals, provision every two years of written policy guidance for preparation and review of contingency plans including those providing support to civil authorities in an incident of national significance or a catastrophic incident, and provision to congressional defense committees of a detailed classified briefing summarizing such guidance not later than Feb. 15 in any calendar year in which guidance is required.

2017—Subsec. (c). Pub. L. 115–91, § 1051(a)(1)(A), redesignated par. (1) as subsec. (c) and subpars. (A) to (C) of former par. (1) as pars. (1) to (3), respectively, and struck out former par. (2) which read as follows: “At the same time that the Secretary submits the annual report under paragraph (1), the Secretary shall transmit to the President and Congress a separate report from the Reserve Forces Policy Board on any reserve component matter that the Reserve Forces Policy Board considers appropriate to include in the report.”

Subsec. (j)(1). Pub. L. 115–91, § 1081(a)(1), substituted “congressional defense committees” for “the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives” in introductory provisions.

Subsec. (l). Pub. L. 115–91, § 1051(a)(1)(B), struck out subsec. (l) which listed items to be included in the Secretary’s annual report to Congress under subsec. (c).

2016—Subsec. (g). Pub. L. 114–328 amended subsec. (g) generally. Prior to amendment, subsec. (g) required Secretary of Defense to provide annually to Department of Defense heads written policy guidance for preparation and review of program recommendations and budget proposals, to provide to the Chairman of the Joint Chiefs of Staff written policy guidance for contingency plans for homeland defense and for military support to civil authorities, and to include in budget materials submitted to Congress summaries of the guidance developed and summaries of any plans developed in accordance with that guidance.

2015—Subsec. (g)(3). Pub. L. 114–92 added par. (3).

2014—Subsec. (b). Pub. L. 113–291, § 1071(c)(1), substituted “(50 U.S.C. 3002)” for “(50 U.S.C. 401)”.

Subsec. (e)(2). Pub. L. 113–291, § 1071(c)(2), substituted “(50 U.S.C. 3043)” for “(50 U.S.C. 404a)”.

2013—Subsec. (c)(2). Pub. L. 112–239 struck out “on” after “Board on”.

2011—Subsec. (c)(2). Pub. L. 111–383 substituted “on any reserve component matter” for “the reserve programs of the Department of Defense and on any other matters”.

Subsec. (j)(1)(A) to (C). Pub. L. 112–81, § 1064(1)(A), added subpar. (B), redesignated former subpar. (B) as (A), and struck out former subpars. (A) and (C) which read as follows:

“(A) Costs incurred in the United States and costs incurred outside the United States in connection with the stationing of United States forces outside the United States.

“(C) The effect of such expenditures outside the United States on the balance of payments of the United States.”

Subsec. (j)(2), (3). Pub. L. 112–81, § 1064(1)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “Each report under this subsection shall be prepared in consultation with the Secretary of Commerce.”

Subsec. (l). Pub. L. 112–81, § 933(a), amended subsec. (l) generally. Prior to amendment, subsec. (l) related to contents of the Secretary’s annual report to Congress under subsec. (c).

2008—Subsec. (a). Pub. L. 110–181, § 903(a), substituted “seven” for “10”.

Subsec. (g)(2). Pub. L. 110–181, § 1815(e), substituted “contingency plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities” for “contingency plans”.

1999—Subsec. (j)(1). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security” in introductory provisions.

1998—Subsec. (l). Pub. L. 105–261, § 915(a), added subsec. (l).

Subsec. (m). Pub. L. 105–261, § 1212(b), added subsec. (m).

1997—Subsec. (g)(2). Pub. L. 105–85 struck out “annually” after “Staff, shall provide” and inserted “be provided every two years or more frequently as needed and shall” after “Such guidance shall”.

1996—Subsec. (c). Pub. L. 104–201, § 1255(c)(2)–(5), inserted “(1)” after “(c)”, redesignated former pars. (1), (2), and (4) as subpars. (A), (B), and (C), respectively, inserted “and” at end of subpar. (B), and added par. (2).

Subsec. (c)(3). Pub. L. 104–201, § 1255(c)(1), struck out par. (3) which read as follows: “a report from the Reserve Forces Policy Board on the reserve programs of the Department of Defense, including a review of the effectiveness of chapters 51, 337, 361, 363, 549, 573, 837, 861 and 863 of this title, as far as they apply to reserve officers; and”.

Pub. L. 104–106, § 1501(a)(8)(B), made technical correction to directory language of Pub. L. 103–337, § 1671(c)(2). See 1994 Amendment note below.

Subsec. (i)(2)(B). Pub. L. 104–106, § 1503(a)(1), substituted “the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221” for “the five years covered by the five-year defense program submitted to Congress during that year pursuant to section 114(g)”.

Subsec. (j)(1). Pub. L. 104–106, § 1502(a)(3), substituted “Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the” for “Committees on Armed Services and Committees on Appropriations of the Senate and”.

1994—Subsec. (c)(3). Pub. L. 103–337, § 1671(c)(2), as amended by Pub. L. 104–106, § 1501(a)(8)(B), which directed the substitution of “1219 and 1401 through 1411 of this title” for “51, 337, 361, 363, 549, 573, 837, 861 and 863 of this title, as far as they apply to reserve officers”, effective Oct. 1, 1996, could not be executed because of the intervening amendment by Pub. L. 104–201, § 1255(c)(1). See 1996 Amendment note above.

Subsec. (e)(2). Pub. L. 103–337, § 1070(a)(1), substituted “section 108” for “section 104”.

1991—Subsec. (i)(2)(C) to (E). Pub. L. 102–190 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.

1990—Subsecs. (i) to (l). Pub. L. 101–510 redesignated subsecs. (j) to (l) as (i) to (k), respectively, and struck out former subsec. (i) which read as follows: “The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, recommending the amount of funds to be appropriated to the Department of Defense for the next fiscal year for functions relating to the formulation and carrying out of Department of Defense policies on the control of technology transfer and activities related to the control of technology transfer. The Secretary shall include in that report the proposed allocation of the funds requested for such purpose and the number of personnel proposed to be assigned to carry out such activities during such fiscal year.”

1989—Subsec. (j)(2)(B). Pub. L. 101–189 substituted “five-year defense program” for “Five-Year Defense Program”.

1988—Subsec. (j). Pub. L. 100–456, § 731, designated existing provisions as par. (1), struck out provision requiring that each report be transmitted in both a classified and an unclassified form, and added pars. (2) and (3).

Subsec. (k). Pub. L. 100–370 added subsec. (k).

Subsec. (l). Pub. L. 100–456, § 1101, added subsec. (l).

1987—Subsec. (e)(2). Pub. L. 100–26 inserted “(50 U.S.C. 404a)” after “National Security Act of 1947”.

Subsec. (j). Pub. L. 100–180 added subsec. (j).

1986—Pub. L. 99–433, § 110(d)(2), struck out “: appointment; powers and duties; delegation by” at end of section catchline.

Subsecs. (a) to (e). Pub. L. 99–443, § 101(a)(2), redesignated subsecs. (a) to (e) of section 133 of this title as subsecs. (a) to (e) of this section.

Pub. L. 99–433, § 301(b)(2), substituted “sections 125 and 191” for “section 125” in subsec. (c)(2).

Pub. L. 99–433, § 603(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “After consulting with the Secretary of State, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives before February 1 of each year a written report on—

“(1) the foreign policy and military force structure for the next fiscal year;

“(2) the relationship of that policy and structure to each other; and

“(3) the justification for the policy and structure.”

Subsecs. (f) to (h). Pub. L. 99–433, § 102, added subsecs. (f) to (h).

Subsec. (i). Pub. L. 99–433, §§ 101(a)(2), 110(b)(2), successively redesignated subsec. (h) of section 138 of this title as subsec. (h) of section 114 of this title and then as subsec. (i) of this section.

1982—Subsec. (e). Pub. L. 97–295 added subsec. (e).

Subsec. (i) [formerly § 138(h)]. Pub. L. 97–252, § 1105, added subsec. (h). See 1986 Amendment note above.

1980—Subsec. (b). Pub. L. 96–513 substituted “section 2 of the National Security Act of 1947 (50 U.S.C. 401)” for “section 401 of title 50”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81, div. A, title IX, § 901(g), Dec. 27, 2021, 135 Stat. 1868, provided that: “The amendments made by subsections (a) through (e) [amending sections 113, 138, 7013, 8013, and 9013 of this title] shall apply with respect to appointments made on or after the date of the enactment of this Act [Dec. 27, 2021].”

Amendment by section 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title X, § 1051(z), Dec. 12, 2017, 131 Stat. 1568, provided that: “Except as provided in subsections (u), (v), and (w) [amending section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title] the amendments made by this section [see Tables for classification] shall take effect on the later of— “(1) the date of the enactment of this Act [Dec. 12, 2017]; or “(2) November 25, 2017.”

Effective Date of 1996 Amendment

Pub. L. 104–106, div. A, title XV, § 1501(f)(3), Feb. 10, 1996, 110 Stat. 501, provided that: “The amendments made by this section [see Tables for classification] shall take effect as if included in the Reserve Officer Personnel Management Act [Pub. L. 103–337, div. A, title XVI] as enacted on October 5, 1994.”

Effective Date of 1994 Amendment

Amendment by section 1671(c)(2) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsecs. (c)(1) and (e) of this section requiring submittal of annual report to Congress, see section 1051(x) of Pub. L. 115–91, set out as a note under section 111 of this title.

For termination, effective Dec. 31, 2021, of provisions in subsec. (i) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

Transfer of Responsibilities and Functions Relating to Electromagnetic Spectrum Operations

Pub. L. 116–283, div. A, title I, § 152, Jan. 1, 2021, 134 Stat. 3440, as amended by Pub. L. 117–81, div. A, title IX, § 907(c)(1), Dec. 27, 2021, 135 Stat. 1875, which authorized the Secretary of Defense to transfer the responsibilities and functions of the Commander of the United States Strategic Command relating to electromagnetic spectrum operations, was transferred to section 1053 of Pub. L. 115–232, formerly set out as a note below, and redesignated as subsec. (g) of that section by Pub. L. 117–81, div. A, title IX, § 907(c)(2), Dec. 27, 2021, 135 Stat. 1875. Section 1053 of Pub. L. 115–232 was repealed by Pub. L. 118–31, div. A, title XVI, § 1682(c), Dec. 22, 2023, 137 Stat. 617.

Prohibited Diversity, Equity, and Inclusion Practices

Pub. L. 119–60, div. A, title IX, § 901(f), Dec. 18, 2025, 139 Stat. 1007, provided that: “(1) In general.—Except as provided in paragraph (2), the Secretary of Defense may not—“(A) maintain an office relating to diversity, equity, inclusion, or accessibility or any substantially similar office; “(B) maintain or employ a chief diversity officer or a substantially similar officer; “(C) develop, implement, distribute, or publish plans, strategic plans, reports, or surveys relating to diversity, equity, inclusion, and accessibility, or substantially similar plans, reports, or surveys; “(D) develop, implement, or maintain an employee resource group or an affinity group based on race, color, ethnicity, religion, national origin, sexual orientation, or gender identity; “(E) develop, implement, or maintain an agency equity team or a substantially similar team; “(F) develop, implement, distribute, publish, establish, or purchase—“(i) a training course relating to—“(I) diversity; “(II) equity; “(III) inclusion; “(IV) a critical theory relating to race, gender, or otherwise; or “(V) intersectionality; or “(ii) a training course substantiality similar to a training course described in clause (i); “(G) develop, implement, or maintain a diversity, equity, inclusion, and accessibility data dashboard or a substantially similar data dashboard; or “(H) maintain or employ a position relating to diversity, equity, inclusion, or accessibility. “(2) Rule of construction.—Nothing in paragraph (1) shall be construed to prevent the Secretary of Defense from maintaining or operating—“(A) Equal Employment Opportunity offices as historically organized and operated within the Department of Defense; or “(B) an office enforcing the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or similar programs or offices as historically organized and operated within the Department of Defense. “(3) Accessibility defined.—In this subsection, the term ‘accessibility’ has the meaning given that term in the Department of Defense Diversity, Equity, Inclusion, and Accessibility Strategic Plan for Fiscal Years 2022 and 2023, except such term does not refer to accessibility or other accommodations required under law for individuals with disabilities.”

Plan To Advance Interests of Department of Defense in Matters Relating to Electromagnetic Spectrum in International Fora

Pub. L. 118–159, div. A, title II, § 243, Dec. 23, 2024, 138 Stat. 1848, provided that: “(a) Plan Required.—Not later than 60 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense, in coordination with the Chief Information Officer of the Department of Defense, shall develop and commence implementation of a five-year plan for advancing United States defense policy interests at meetings of relevant international organizations and other international fora relating to electromagnetic spectrum, including all phases of the World Radiocommunication Conferences preparatory process. “(b) Elements.—At a minimum, the plan developed under subsection (a) shall include the following:“(1) Actions and resourcing required to ensure that the Department of Defense has the personnel and expertise required to engage meaningfully in the international activities described in subsection (a). “(2) Processes to increase pre-coordination with relevant domestic partners and Federal agencies on matters relating to the international activities described in subsection (a), including the defense industrial base and industry. “(3) Appropriate avenues to increase cooperation activities with friendly foreign partners relating to the international activities described in subsection (a). “(c) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chief Information officer of the Department of Defense, shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plan developed under subsection (a), which shall include information on relevant funded and unfunded resourcing requirements for current and future fiscal years.”

Inclusion in Defense Planning Guidance of Guidance on Size, Structure, and Posture of Special Operations Forces

Pub. L. 118–159, div. A, title IX, § 908(a), Dec. 23, 2024, 138 Stat. 2032, provided that: “As part of the annual Defense Planning Guidance issued under section 113(g)(2)(A) of title 10, United States Code, the Secretary of Defense shall include guidance with respect to the size, structure, posture, and other force development planning priorities specific to special operations forces.”

Disclosure and Notice Requirements Regarding Execute Orders

Pub. L. 118–159, div. A, title X, § 1067(c), Dec. 23, 2024, 138 Stat. 2066, provided that: “(1) Initial notice.—Not later than 30 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a copy of each extant execute order issued at the direction of the President or the Secretary of Defense. “(2) Notice of issuance or revision.—Not later than 15 days after the issuance or revision of any execute order issued at the direction of the President or the Secretary of Defense, the Secretary of Defense shall provide to the congressional defense committees a copy of the new or revised execute order. “(3) Notice of terminations.—Not later than 15 days after the date on which any execute order that was issued at the direction of the President or the Secretary of Defense is terminated or rescinded, the Secretary of Defense shall notify the congressional defense committees in writing of the termination or rescission of the execute order.”

Pilot Program To Provide Military Aircraft Support to Air Shows

Pub. L. 118–159, div. A, title X, § 1094(b), Dec. 23, 2024, 138 Stat. 2084, provided that: “Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense, in coordination with the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, shall establish a one-year pilot program under which the Secretary shall provide military aircraft and aerial demonstration teams in support of not fewer than five air shows located in rural or small market areas across the country for the purpose of providing the public with positive exposure to the Armed Forces.”

Public Disclosure of Afghanistan War Records

Pub. L. 118–31, div. A, title X, § 1087, Dec. 22, 2023, 137 Stat. 419, provided that: “The Secretary of Defense, in a manner consistent with the protection of intelligence sources and methods, shall expeditiously disclose to the public all relevant unclassified records of the Department of Defense relating to the war in Afghanistan.”

United States Basing and Training in North Atlantic Treaty Organization Member Countries

Pub. L. 118–31, div. A, title XII, § 1250, Dec. 22, 2023, 137 Stat. 464, as amended by Pub. L. 119–60, div. A, title XII, § 1248, Dec. 18, 2025, 139 Stat. 1107, provided that: “In considering decisions related to United States military basing and training in North Atlantic Treaty Organization member countries, the Secretary of Defense shall include among the factors for consideration progress toward the defense investment commitment agreed to in the Hague Summit Declaration of June 25, 2025, to invest not less than 5 percent of gross domestic product annually in defense by 2035, of which— “(1) not less than 3.5 percent is dedicated to core defense requirements and North Atlantic Treaty Organization capability targets; and “(2) not less than 1.5 percent is dedicated to other defense and security related investments.”

Plan of Action To Equip and Train Iraqi Security Forces and Kurdish Peshmerga Forces

Pub. L. 118–31, div. A, title XII, § 1266, Dec. 22, 2023, 137 Stat. 483, provided that: “(a) In General.—Not later than February 1, 2024, the Secretary of Defense, in consultation with the Secretary of State, shall develop a plan of action to equip and train Iraqi security forces and Kurdish Peshmerga forces to defend against attack by missiles, rockets, and unmanned systems. The plan of action shall be based on and informed by the results of the report submitted by the Secretary of Defense pursuant to section 1237 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2839). “(b) Matters to Be Included.—The plan required by subsection (a) shall include the following:“(1) The provision of available equipment to Iraq and the Iraqi Kurdistan Region to counter the air and missile threats addressed in the report, to include air defense systems, to counter attack by missiles, rockets, and unmanned systems. “(2) The provision of appropriate training of Iraqi security forces and Kurdish Peshmerga forces to support fielding and operational employment of the available equipment described in paragraph (1). “(c) Implementation.—“(1) In general.—The Secretary of Defense shall begin implementation of the plan required by subsection (a) not later than 90 days after development of the plan required by subsection (a). “(2) Waiver.—The Secretary of Defense may delay implementation of the plan required by subsection (a) if such implementation would adversely impact United States stocks and readiness. “(3) Congressional notification.—If the Secretary of Defense exercises the waiver authority under paragraph (2), the Secretary shall—“(A) notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the exercise of such authority and the reason therefor not later than 10 days prior to the exercise of such authority; and “(B) notify the congressional defense committees of the exercise of such authority every 30 days thereafter until implementation of the plan required by subsection (a) begins. “(d) Congressional Briefing.—Not later than July 1, 2024, the Secretary of Defense should provide to the congressional defense committees a briefing on progress of the air defense equipping and training effort against the air and missile threat to Iraq, including in the Iraqi Kurdistan Region.”

Introduction of Entities in Transactions Critical to National Security

Pub. L. 117–263, div. A, title X, § 1047, Dec. 23, 2022, 136 Stat. 2774, as amended by Pub. L. 118–159, div. A, title X, § 1081, Dec. 23, 2024, 138 Stat. 2077, provided that: “(a) In General.—The Secretary of Defense shall facilitate the introduction of entities for the purpose of discussing a covered transaction that the Secretary has determined is in the national security interests of the United States. “(b) Covered Transaction Defined.—The term ‘covered transaction’ means a transaction that the Secretary has reason to believe would likely involve an entity affiliated with a strategic competitor unless an alternative transaction were to occur.”

Justification for Transfer or Elimination of Certain Flying Missions

Pub. L. 117–263, div. A, title X, § 1065, Dec. 23, 2022, 136 Stat. 2786, provided that: “Prior to the relocation or elimination of any flying mission that involves 50 personnel or more assigned to a unit performing that mission, either with respect to an active or reserve component of a military department, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report describing the justification of the Secretary for the decision to relocate or eliminate such flying mission. Such report shall include each of the following: “(1) A description of how the decision supports the national defense strategy, the national military strategy, the North American Aerospace Defense Command strategy, and other relevant strategies. “(2) A specific analysis and metrics supporting such decision. “(3) An analysis and metrics to show that the elimination or relocation of the flying mission would not negatively affect broader mission sets, such as the homeland defense mission. “(4) A plan for how the Department of Defense intends to fulfill or continue to meet the mission requirements of the eliminated or relocated flying mission. “(5) An assessment of the effect of the elimination or relocation on the national defense strategy, the national military strategy, the North American Aerospace Defense Command strategy, and broader mission sets, such as the homeland defense mission. “(6) An analysis and metrics to show that the elimination or relocation of the flying mission and its secondary and tertiary impacts would not degrade capabilities and readiness of the Joint Force. “(7) An analysis and metrics to show that the elimination or relocation of the flying mission would not negatively affect the continental United States national airspace system.”

Joint Concept for Competing

Pub. L. 118–31, div. A, title X, § 1088, Dec. 22, 2023, 137 Stat. 419, provided that: “(a) Implementation Plan Required.—Not later than March 1, 2024, the Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] an implementation plan for of the Joint Concept for Competing, released on February 10, 2023. “(b) Elements.—The implementation plan required by subsection (a) shall include—“(1) timelines for the development of integrated competitive strategies for engaging in strategic competition, as described in the Joint Concept for Competing, to address the challenges posed by specific competitors, including such strategies designed to—“(A) deter adversarial military action; “(B) counter the efforts of specific competitors, as necessary; and “(C) support the efforts of the United States interagency and foreign allies, partners, and multilateral organizations; “(2) an identification of any relevant updates to joint doctrine or professional military education; “(3) a description of the integration of the Joint Concept for Competing with other joint force development and design efforts; “(4) a description of concept-required capabilities that are necessary for joint force development and design in support of the Joint Concept for Competing, including the assignment of roles and responsibilities and the timelines for attaining such capabilities; “(5) a description of efforts to coordinate and synchronize Department of Defense activities with the activities of interagency and foreign partners for the purpose of integrated campaigning; “(6) an identification of any recommendations to better integrate the role of the Joint Force, as identified by the Joint Concept for Competing, with national security efforts of interagency and foreign partners; “(7) an identification of any changes to authorities or resources necessary to implement the Joint Concept for Competing; and “(8) a description of any other matters the Chairman determines appropriate. “(c) Briefing.—Not later than 180 days after the delivery of the implementation plan required under subsection (a), and every 180 days thereafter through March 1, 2026, the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a briefing that includes an update on the status of the implementation plan required under subsection (a).”

Pub. L. 117–263, div. A, title X, § 1074, Dec. 23, 2022, 136 Stat. 2794, provided that: “(a) In General.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall develop a Joint Concept for Competing. “(b) Purposes.—The purposes of the Joint Concept for Competing are to—“(1) define the roles and missions of the Department of Defense in long-term strategic competition with specific competitors; “(2) conceptualize the employment of joint forces capabilities to deter adversarial military action by strategic competitors; “(3) describe the manner in which the Department of Defense will use its forces, capabilities, posture, indications and warning systems, and authorities to protect United States national interests in the course of participating in long-term strategic competition, including through—“(A) departmental efforts to integrate Department of Defense roles and missions with other instruments of national power; “(B) security cooperation with partners and allies; and “(C) operations relating to long-term strategic competition, particularly below the threshold of traditional armed conflict; “(4) identify priority lines of effort and assign responsibility to relevant Armed Forces, combatant commands, and other elements of the Department of Defense for each specified line of effort in support of the Joint Concept for Competing; and “(5) provide means for integrating and continuously improving the ability of the Department to engage in long-term strategic competition. “(c) Report.—“(1) In general.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for two years, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the implementation of the Joint Concept for Competing. “(2) Elements.—Each report required under paragraph (1) shall include the following elements:“(A) A detailed description of any actions taken by the Department of Defense relative to the purposes specified under subsection (b). “(B) An articulation of any new concepts or strategies necessary to support the Joint Concept for Competing. “(C) An articulation of any capabilities, resources, or authorities necessary to implement the Joint Concept for Competing. “(D) An explanation of the manner in which the Joint Concept for Competing relates to and integrates with the Joint Warfighting Concept. “(E) An explanation of the manner in which the Joint Concept for Competing synchronizes and integrates with efforts of other departments and agencies of the United States Government to address long-term strategic competition. “(F) Any other matters the Secretary of Defense determines relevant.”

Integrated Non-Kinetic Force Development

Pub. L. 117–263, div. A, title XV, § 1510, Dec. 23, 2022, 136 Stat. 2890, provided that: “(a) Force Development.—“(1) In general.—The Secretary of Defense shall establish forces, capabilities, and information support to enable the delivery of non-kinetic effects that provide increased survivability and effectiveness of military forces within a defense planning scenario. “(2) Force planning.—To support the development of the forces, capabilities, and information support under paragraph (1), the Secretary shall establish a force planning activity to identify and define the relevant forces, capabilities, and information support required to develop and deliver non-kinetic effects within a defense planning scenario. The Secretary shall ensure that the force planning activity identifies—“(A) desired operational effects within such scenario; “(B) the gaps that limit the ability to access important targets, the development of capabilities, the conduct of mission planning, and the execution of operations to deliver such effects; “(C) the collection systems, analytic expertise and capacity, analytic tools and processes, foreign materiel, and product lines required to support development and delivery of such effects; “(D) the forces required to deliver such effects, including associated doctrine, training, expertise, organization, authorities, and command and control arrangements; and “(E) the cyber, electronic warfare, sensing, and communications capabilities, and delivery platforms and mechanisms, required to achieve such effects and the extent to which such capabilities, platforms, and mechanisms should be integrated with each other. “(3) Initial organization structure.—During an initial period of not less than 24 months, the Under Secretary of Defense for Research and Engineering shall organize the force planning activity established under paragraph (2). The Under Secretary shall designate a planning official from the Office of the Under Secretary for Research and Engineering to lead development and execution of the force planning activity, in coordination with staff designated by the Director of the Joint Staff of the Joint Chiefs of Staff. The designated planning official shall select a lead technical director. After such initial period, the Secretary may re-assign the force planning activity to another organization under different leadership. “(4) Plan for follow-on activities.—Not later than 270 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for follow-on activities regarding the delivery of non-kinetic effects described in paragraph (1). The Secretary shall ensure the plan—“(A) includes the identification of dedicated resources to be controlled by the designated planning official described in paragraph (3) and an approach under which the planning official apportions such resources across the Department of Defense to establish, augment, and accelerate new and ongoing activities described in paragraph (1) and subsections (b), (c), and (d); and “(B) identifies—“(i) a dedicated program element for non-kinetic force development; “(ii) the suitability of the mission management authorities established through the pilot program under section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 191 note); “(iii) the utility of using joint capability technology demonstrations to drive prototyping, experimentation, and technical integration of non-kinetic capabilities; “(iv) how the Rapid Defense Experimentation Reserve might drive prototyping, experimentation, and technical integration of non-kinetic capabilities; and “(v) alignment with other experimentation activities with the appropriate combatant commands. “(5) Implementation.—During the initial period specified in paragraph (3), the designated planning official described in such paragraph shall report directly to the Deputy Secretary of Defense, to whom the official shall provide updates and recommendations not less frequently than quarterly. The Secretary shall ensure that the force planning activity established under paragraph (2) is supported by representatives from the military services, relevant combatant commands, the Strategic Capabilities Office, the Defense Advanced Research Projects Agency, and other elements within the Department of Defense, as appropriate. “(b) Forces.—In order to generate the forces identified in subsection (a)(2)(D), the Secretary of Defense shall—“(1) through the Secretaries of the military departments and the heads of other Department of Defense components, as appropriate, establish appropriate forces and accompanying doctrine, training, and tradecraft; “(2) acting through the Vice Chairman of the Joint Chiefs of Staff, serving as the Chairman of the Joint Requirements Oversight Council, ensure that appropriate requirements exist to guide the development and fielding of forces and means to deliver non-kinetic effects within a defense planning scenario; “(3) through the Under Secretary of Defense for Policy, in coordination with the Chairman of the Joint Chiefs of Staff and the combatant commands, establish appropriate command and control structures and relationships governing such forces; and “(4) determine the appropriate responsibilities of—“(A) Cyber Mission Force of the United States Cyber Command; “(B) cyber, electronic warfare, and space forces provided to other combatant commands; and “(C) other operational entities within the Department of Defense in delivering non-kinetic effects. “(c) Capabilities.—In order to develop the capabilities identified in subsection (a)(2)(E), the Secretary of Defense, acting through the Director of the Defense Advanced Research Projects Agency, the Director of the Strategic Capabilities Office, the Secretaries of the military departments, and the heads of other elements of the Department of Defense, shall develop the capabilities required for the delivery of non-kinetic effects within a defense planning scenario. “(d) Policy.—The Secretary of Defense, acting through the Under Secretary of Defense for Policy and in coordination with the Chairman of the Joint Chiefs of Staff, shall develop policy governing the delivery of non-kinetic effects within a defense planning scenario. “(e) Briefing.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the status of the implementation of this section. “(f) Non-kinetic Effects Defined.—In this section, the term ‘non-kinetic effects’ means effects achieved through radio-frequency transmission of integrated cyber and electronic warfare techniques and other related and supporting technical measures.”

Climate Resilience in Planning, Engagement Strategies, Infrastructure, and Force Development of Department of Defense

Pub. L. 117–81, div. A, title III, §§ 331, 334, Dec. 27, 2021, 135 Stat. 1637, 1638, provided that: “SEC. 331. DEFINITIONS.“In this subtitle [subtitle C (§§ 331–335) of title III of div. A of Pub. L. 117–81, enacting section 2285 of this title, amending sections 101 and 2504 of this title, and enacting this note]:“(1) The terms ‘climate resilience’ and ‘extreme weather’ have the meanings given such terms in section 101(a) of title 10, United States Code, as amended by section 332. “(2) The term ‘climate security’ has the meaning given such term in the second subsection (e) of section 120 of the National Security Act of 1947 (50 U.S.C. 3060(e)). “(3) The term ‘military installation resilience’ has the meaning given such term in section 101(e) of title 10, United States Code [now 10 U.S.C. 101(f)]. “SEC. 334. CLIMATE RESILIENCE IN PLANNING, ENGAGEMENT STRATEGIES, INFRASTRUCTURE, AND FORCE DEVELOPMENT OF DEPARTMENT OF DEFENSE.“(a) Climate Challenges and Climate Resilience in Key Processes of Department of Defense.—The Secretary of Defense shall direct that the acquisition, budget planning and execution, infrastructure planning and sustainment, force development, engagement strategy development, security assistance, and other core processes of the Department of Defense fully consider and make needed adjustments to account for current and emerging climate and environmental challenges and to ensure the climate resilience of assets and capabilities of the Department, to include cost effectiveness over the life cycle of the investment weighed against threat reduction. “(b) Climate Resilience Mission Impact Assessment.—“(1) In general.—The Secretary shall conduct a mission impact assessment on climate resilience for the Department. “(2) Elements.—The assessment conducted under paragraph (1) shall include the following:“(A) An assessment of the direct impacts of extreme weather on the deployment and operations of the Armed Forces, and the manner in which extreme weather may impact the requirements of the commanders of the combatant commands in the respective areas of responsibility of such commanders, including—“(i) an assessment of the evolving posture of peer competitors and impacts to deployment and operations of peer competitors due to extreme weather; “(ii) an assessment of the impacts of expanding requirements for Department humanitarian assistance and disaster response due to extreme weather; “(iii) a threat assessment of the impacts of extreme weather, drought, and desertification on regional stability; “(iv) an assessment of risks to home station strategic and operational support area readiness, including the strategic highway network, the strategic rail network, and strategic air and sea ports; and “(v) the development of standards for data collection to assist decision-making processes for research, development, and acquisition priorities for installation and infrastructure resilience to extreme weather. “(B) A long-term strategic plan, including war games and exercises, centered on climate-driven crises, and a long-term assessment of climate security by the Office of Net Assessment of the Department. “(C) A review outlining near-term and long-term needs for research, development, and deployment for equipment and other measures required to assure the resilience of the assets and capabilities of the Department and each component thereof, and of key elements of the defense industrial base and supporting transportation networks, to the impacts of extreme weather. “(c) Reports.—“(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], and every five years thereafter, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the broader strategic and operational impacts of extreme weather on the Department, measures to address such impacts, and progress in implementing new technologies and platforms, training and education methods, and data collection and dissemination for each military department to meet the respective mission requirements of the department. “(2) Research, development, and deployment needs.—Each report required by paragraph (1) shall identify research, development, and deployment needs for each combatant command and functional command.”

Requirements Relating to Emissions Control Tactics, Techniques, and Procedures

Pub. L. 117–81, div. A, title III, § 378, Dec. 27, 2021, 135 Stat. 1669, which related to requirements relating to emissions control tactics, techniques, and procedures, was repealed by Pub. L. 119–60, div. A, title VIII, § 811(b)(2)(A), Dec. 18, 2025, 139 Stat. 948.