§ 113. Secretary of Defense

Department of Defense Response to Military Lazing Incidents

Pub. L. 117–81, div. A, title III, § 382, Dec. 27, 2021, 135 Stat. 1672, provided that: “(a) Investigation Into Lazing of Military Aircraft.—“(1) Investigation required.—The Secretary of Defense shall conduct a formal investigation into all incidents of lazing of military aircraft that occurred during fiscal year 2021. The Secretary shall carry out such investigation in coordination and collaboration with appropriate non-Department of Defense entities. “(2) Report to congress.—Not later than March 31, 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 report on the findings of the investigation conducted pursuant to paragraph (1). “(b) Information Sharing.—The Secretary shall seek to increase information sharing between the Department of Defense and the States with respect to incidents of lazing of military aircraft, including by entering into memoranda of understanding with State law enforcement agencies on information sharing in connection with such incidents to provide for procedures for closer cooperation with local law enforcement in responding to such incidents as soon as they are reported. “(c) Data Collection and Tracking.—The Secretary shall collect such data as may be necessary to track the correlation between noise complaints and incidents of military aircraft lazing. “(d) Operating Procedures.—The Secretary shall give consideration to adapting local operating procedures in areas with high incidence of military aircraft lazing incidents to reduce potential injury to aircrew. “(e) Eye Protection.—The Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment that protects against the most commonly available green light lasers that are available to the public. If the Secretary determines that no such laser eye protection equipment is available, the Secretary shall conduct research and develop such equipment.”

Vietnam Wartime Accounting Initiative

Pub. L. 117–81, div. A, title XII, § 1245, Dec. 27, 2021, 135 Stat. 1986, as amended by Pub. L. 118–159, div. A, title XIII, § 1342, Dec. 23, 2024, 138 Stat. 2120, provided that: “(a) In General.—The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, may carry out a cooperative program with the Ministry of Defense of Vietnam and other entities of the Government of Vietnam to assist in accounting for killed or missing Vietnamese persons from the Vietnam War (referred to in this section as ‘missing persons from the Vietnam War’). “(b) Purpose.—The purpose of the cooperative program under subsection (a) is to carry out the following activities:“(1) Collection, digitization, verification, and sharing of archival information. “(2) Building the capacity of Vietnam to manage archival information and personal data. “(3) Supporting activities to build the capacity of Vietnam for locating, recovering, and conducting DNA analysis and identification of missing persons from the Vietnam War. “(4) Increasing exchanges, training, and dialogue among veterans and families of missing persons from the Vietnam War. “(5) Other support activities the Secretary of Defense considers necessary and appropriate. “(c) Designation of Lead Coordinating Office.—The Secretary shall designate an office within the Department of Defense to serve as the lead coordinating office for the program carried out under this section. “(d) Termination.—The authority provided by subsection (a) shall terminate on October 1, 2031.”

Application of Artificial Intelligence to the Defense Reform Pillar of the National Defense Strategy

Pub. L. 116–283, div. A, title II, § 234, Jan. 1, 2021, 134 Stat. 3483, as amended by Pub. L. 117–263, div. A, title II, § 212(g), Dec. 23, 2022, 136 Stat. 2468, provided that: “(a) Identification of Use Cases.—The Secretary of Defense, acting through such officers and employees of the Department of Defense as the Secretary considers appropriate, including the chief data officers and chief management officers of the military departments, shall identify a set of no fewer than five use cases of the application of existing artificial intelligence enabled systems to support improved management of enterprise acquisition, personnel, audit, or financial management functions, or other appropriate management functions, that are consistent with reform efforts that support the National Defense Strategy. “(b) Prototyping Activities Aligned to Use Cases.—The Secretary, acting through the Under Secretary of Defense for Research and Engineering and in coordination with the official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061) and such other officers and employees as the Secretary considers appropriate, shall pilot technology development and prototyping activities that leverage commercially available technologies and systems to demonstrate new artificial intelligence enabled capabilities to support the use cases identified under subsection (a). “(c) Briefing.—Not later than October 1, 2021, the Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing summarizing the activities carried out under this section.”

Public Availability of Reports

Pub. L. 116–283, div. A, title V, § 551(a)(2), Jan. 1, 2021, 134 Stat. 3629, provided that: “Not later than 72 hours after submitting to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report required by subsection (m) of section 113 of title 10, United States Code [now 10 U.S.C. 113(l)] (as amended by paragraph (1)), the Secretary of Defense shall make the report available on an Internet website of the Department of Defense available to the public. In so making a report available, the Secretary shall ensure that any data included in the report is made available in a machine-readable format that is downloadable, searchable, and sortable.”

Construction of Metrics

Pub. L. 116–283, div. A, title V, § 551(a)(3), Jan. 1, 2021, 134 Stat. 3629, provided that: “(A) With merit-based processes.—Any metric established pursuant to [former] subsection (l) of section 113 of title 10, United States Code (as so amended [former subsec. (l) added by section 551(a)(1)(D) of Pub. L. 116–283]), may not be used in a manner that undermines the merit-based processes of the Department of Defense and the Coast Guard, including such processes for accession, retention, and promotion. “(B) With other matters.—Any such metric may not be used to identify or specify specific quotas based upon diversity characteristics. The Secretary concerned shall continue to account for diversified language and cultural skills among the total force of the Armed Forces.”

Interim Guidance

Pub. L. 116–283, div. A, title VIII, § 811(a)(3), Jan. 1, 2021, 134 Stat. 3749, provided that: “Not later than October 1, 2021, the Secretary of Defense shall publish interim guidance to carry out the requirements of this subsection [amending this section and section 133b of this title].”

Safeguarding Defense-Sensitive United States Intellectual Property, Technology, and Other Data and Information

Pub. L. 116–283, div. A, title VIII, § 837, Jan. 1, 2021, 134 Stat. 3760, provided that: “(a) In General.—The Secretary of Defense shall, in coordination with relevant departments and agencies—“(1) identify policies and procedures protecting defense-sensitive United States intellectual property, technology, and other data and information, including hardware and software, from acquisition by the government of China; and “(2) to the extent that the Secretary determines that such policies and procedures are insufficient to provide such protection, develop additional policies and procedures. “(b) Matters Considered.—In developing the policies and procedures under subsection (a), the Secretary shall take the following actions:“(1) Establish and maintain a list of critical national security technology that may require certain restrictions on current or former employees, contractors, or subcontractors (at any tier) of the Department of Defense that contribute to such technology. “(2) Review the existing authorities under which employees of the Department of Defense may be subject to post-employment restrictions with foreign governments and with organizations subject to foreign ownership, control, or influence. “(3) Identify additional measures that may be necessary to enhance the authorities described in paragraph (2). “(c) Post-employment Matters.—The Secretary shall consider mechanisms to restrict current or former employees of contractors or subcontractors (at any tier) of the Department of Defense that contribute significantly and materially to a technology referred to in subsection (b)(1) from working directly for companies wholly owned by the government of China, or for companies that have been determined by a cognizant Federal agency to be under the ownership, control, or influence of the government of China.”

Arctic Planning, Research, Development, Independent Assessment, and Arctic Security Initiative

Pub. L. 117–81, div. A, title X, § 1090, Dec. 27, 2021, 135 Stat. 1925, provided that: “(a) Independent Assessment.—“(1) In general.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], the Commander of the United States Northern Command, in consultation and coordination with the Commander of the United States Indo-Pacific Command, the Commander of the United States European Command, the military services, and the defense agencies, shall complete an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives:“(A) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region. “(B) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region. “(C) The reduction of the risk of executing operation and contingency plans of the Department of Defense. “(D) To maximize execution of Department operation and contingency plans, in the event deterrence fails. “(2) Elements.—The assessment required by paragraph (1) shall include the following:“(A) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by—“(i) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the Armed Forces within the Arctic region, and scenarios that consider— “(I) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region; “(II) use of near-, mid-, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine; “(III) supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units; “(ii) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command; “(iii) an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and “(iv) any other matter the Commander of the United States Northern Command considers appropriate. “(B) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis. “(C) An assessment of capabilities requirements to achieve such objectives. “(D) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. “(E) An assessment and identification of required infrastructure and military construction investments to achieve such objectives. “(3) Report.—“(A) In general.—Upon completion of the assessment required by paragraph (1), the Commander of the United States Northern Command shall submit to the Secretary of Defense a report on the assessment. “(B) Submittal to congress.—Not later than 30 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]—“(i) a copy of the report, in its entirety; and “(ii) any additional analysis or information, as the Secretary considers appropriate. “(C) Form.—The report required by subparagraph (A), and any additional analysis or information provided under subparagraph (B)(i)(II), may be submitted in classified form, but shall include an unclassified summary. “(b) Arctic Security Initiative.—“(1) Plan.—“(A) In general.—Not later than 30 days after the date on which the Secretary receives the report under subsection (a)(3)(A), the Secretary shall provide to the congressional defense committees a briefing on the plan to carry out a program of activities to enhance security in the Arctic region. “(B) Objectives.—The plan required by subparagraph (A) shall be—“(i) consistent with the objectives described in paragraph (1) of subsection (a); and “(ii) informed by the assessment required by that paragraph. “(C) Activities.—The plan shall include, as necessary, the following prioritized activities to improve the design and posture of the joint force in the Arctic region:“(i) Modernize and strengthen the presence of the Armed Forces, including those with advanced capabilities. “(ii) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel. “(iii) Conduct exercises, wargames, education, training, experimentation, and innovation for the joint force. “(iv) Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces. “(2) Establishment.—“(A) In general.—Not earlier than 30 days after the submittal of the plan required by paragraph (1), the Secretary may establish a program of activities to enhance security in the Arctic region, to be known as the ‘Arctic Security Initiative’ (in this paragraph referred to as the ‘Initiative’). “(B) Five-year plan for the initiative.—“(i) In general.—If the Initiative is established, the Secretary, in consultation with the Commander of the United States Northern Command, shall submit to the congressional defense committees a future years plan for the activities and resources of the Initiative that includes the following: “(I) A description of the activities and resources for the first fiscal year beginning after the date on which the Initiative is established, and the plan for not fewer than the four subsequent fiscal years, organized by the activities described in paragraph (1)(C). “(II) A summary of progress made toward achieving the objectives described in subsection (a)(1). “(III) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve progress in reducing risk to the ability of the joint force to achieve objectives in the Arctic region, including, as appropriate, investments in—“(aa) active and passive defenses against— “(AA) manned aircraft, surface vessels, and submarines; “(BB) unmanned naval systems; “(CC) unmanned aerial systems; and “(DD) theater cruise, ballistic, and hypersonic missiles; “(bb) advanced long-range precision strike systems; “(cc) command, control, communications, computers, intelligence, surveillance, and reconnaissance systems; “(dd) training and test range capacity, capability, and coordination; “(ee) dispersed resilient and adaptive basing to support distributed operations, including expeditionary airfields and ports, space launch facilities, and command posts; “(ff) advanced critical munitions; “(gg) pre-positioned forward stocks of fuel, munitions, equipment, and materiel; “(hh) distributed logistics and maintenance capabilities; “(ii) strategic mobility assets, including icebreakers; “(jj) improved interoperability, logistics, transnational supply lines and infrastructure, and information sharing with allies and partners, including scientific missions; and “(kk) information operations capabilities. “(IV) A detailed timeline for achieving the requirements identified under subclause (III). “(V) A detailed explanation of any significant modification to such requirements, as compared to—“(aa) the assessment required by subsection (a)(1) for the first fiscal year; and “(bb) the plans previously submitted for each subsequent fiscal year. “(VI) Any other matter the Secretary considers necessary. “(ii) Form.—A plan under clause (i) shall be submitted in unclassified form, but may include a classified annex.”

Pub. L. 116–283, div. A, title X, § 1060, Jan. 1, 2021, 134 Stat. 3857, provided that: “(a) Arctic Planning and Implementation.—“(1) In general.—The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall continue assessing potential multi-domain risks in the Arctic, identifying capability and capacity gaps in the current and projected force, and planning for and implementing the training, equipping, and doctrine requirements necessary to mitigate such risks and gaps. “(2) Training.—In carrying out paragraph (1), the Secretary may direct the Armed Forces to conduct training in the Arctic or training relevant to military operations in the Arctic. “(b) Arctic Research and Development Program.—“(1) In general.—If the Secretary of Defense determines that there are capability or capacity gaps for the Armed Forces in the Arctic, the Secretary may conduct research and development on the current and future requirements and needs of the Armed Forces for operations in the Arctic. “(2) Elements.—Research and development conducted under paragraph (1) may include the following:“(A) Development of doctrine to address any identified gaps, including the study of existing doctrine of partners and allies of the United States. “(B) Development of materiel solutions for operating in extreme weather environments of the Arctic, including equipment for individual members of the Armed Forces, ground vehicles, and communications systems. “(C) Development of a plan for fielding future weapons platforms able to operate in Arctic conditions. “(D) Development of capabilities to monitor, assess, and predict environmental and weather conditions in the Arctic and the effect of such conditions on military operations. “(E) Determining requirements for logistics and sustainment of the Armed Forces operating in the Arctic.”

Reporting of Adverse Events Relating to Consumer Products on Military Installations

Pub. L. 116–283, div. A, title X, § 1082, Jan. 1, 2021, 134 Stat. 3875, provided that: “(a) In General.—The Secretary of Defense shall issue to the military departments guidance to encourage the reporting of any adverse event related to a consumer product that occurs on a military installation on the appropriate consumer product safety website. “(b) Definitions.—In this section:“(1) The term ‘adverse event’ means—“(A) any event that indicates that a consumer product—“(i) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Consumer Product Safety Commission has relied under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058); “(ii) fails to comply with any other rule, regulation, standard, or ban under that Act or any other Act enforced by the Commission; “(iii) contains a defect that could create a substantial product hazard described in section 15(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2064(a)(2)); or “(iv) creates an unreasonable risk of serious injury or death; or “(B) any other harm described in subsection (b)(1)(A) of section 6A of the Consumer Product Safety Act (15 U.S.C. 2055a) and required to be reported in the database established under subsection (a) of that section. “(2) The term ‘consumer product’ has the meaning given that term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052).”

Implementation of the Women, Peace, and Security Act of 2017

Pub. L. 116–283, div. A, title XII, § 1210E, Jan. 1, 2021, 134 Stat. 3917, as amended by Pub. L. 117–81, div. A, title XIII, § 1334, Dec. 27, 2021, 135 Stat. 2009; Pub. L. 118–159, div. A, title XII, § 1206(b), Dec. 23, 2024, 138 Stat. 2095, provided that: “(a) In General.—During the period beginning on the date of the enactment of this Act [Jan. 1, 2021] and ending on September 30, 2027, the Secretary of Defense shall undertake activities consistent with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202 [22 U.S.C. 2152j to 2152j–4]) and with the guidance specified in this section, including—“(1) implementation of the Department of Defense plan entitled ‘Women, Peace, and Security Strategic Framework and Implementation Plan’ published in June 2020, or any successor plan; “(2) establishing Department of Defense-wide policies and programs that advance the implementation of the Act, including military doctrine and Department-specific and combatant command-specific programs; “(3) ensuring the Department has sufficient qualified personnel to advance implementation of that Act, including by hiring and training full-time equivalent personnel, as necessary, and establishing roles, responsibilities, and requirements for such personnel; “(4) as appropriate, the deliberate integration of relevant training curriculum for members of the Armed Forces across all ranks; and “(5) security cooperation activities that further the implementation of that Act. “(b) Building Partner Defense Institution and Security Force Capacity.—“(1) Incorporation of gender analysis and participation of women into security cooperation activities.—Consistent with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202), the Secretary of Defense, in coordination with the Secretary of State, shall incorporate participation by women and the analysis described in the Women’s Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115–428; 132 Stat. 5509 [see Tables for classification]) into the institutional and national security force capacity-building activities of security cooperation programs carried out under title 10, United States Code, including, as appropriate, by—“(A) incorporating gender analysis and women, peace, and security priorities into educational and training materials and programs authorized by section 333 of title 10, United States Code; “(B) advising on the recruitment, employment, development, retention, and promotion of women in such national security forces, including by—“(i) identifying existing military career opportunities for women; “(ii) exposing women and girls to careers available in such national security forces and the skills necessary for such careers; and “(iii) encouraging women’s and girls’ interest in such careers by highlighting as role models women of the United States and applicable foreign countries in uniform; “(C) addressing sexual harassment and abuse against women within such national security forces; “(D) integrating gender analysis into security sector policy, planning, and training for such national security forces; and “(E) improving infrastructure to address the requirements of women serving in such national security forces, including appropriate equipment for female security and police forces. “(2) Barriers and opportunities.—Partner country assessments conducted in the course of Department security cooperation activities to build the capacity of the national security forces of foreign countries shall include attention to the barriers and opportunities with respect to strengthening recruitment, employment, development, retention, and promotion of women in the military forces of such partner countries. “(c) Department-wide Policies on Women, Peace, and Security.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall initiate a process to establish standardized policies described in subsection (a)(2). “(d) Funding.—The Secretary of Defense may use funds authorized to be appropriated in each fiscal year to the Department of Defense for operation and maintenance as specified in the table in section 4301 for carrying out the full implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202) and the guidance on the matters described in paragraphs (1) through (5) of subsection (a) and subparagraphs (A) through (E) of subsection (b)(1). “(e) Annual Report.—Not later than one year after the date of the enactment of this Act, and annually thereafter through 2025, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the steps the Department has taken to implement the Women, Peace, and Security Act of 2017, including—“(1) implementation of defense lines of effort outlined in the June 2020 Department of Defense ‘Women, Peace, and Security Strategic Framework and Implementation Plan’ and described in paragraphs (1) through (5) of subsection (a) and subparagraphs (A) through (E) of subsection (b)(1), as appropriate; and “(2) an enumeration of the funds used in such implementation and an identification of funding shortfalls, if any, that may inhibit implementation. “(f) Pilot Program.—“(1) Establishment.—The Secretary of Defense, in consultation with the Secretary of State, shall establish and carry out a pilot program for the purpose of conducting partner country assessments described in subsection (b)(2). “(2) Contract authority.—The Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into one or more contracts with a nonprofit organization or a federally funded research and development center independent of the Department for the purpose of conducting such partner country assessments. “(3) Selection of countries.—“(A) In general.—The Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country within the area of responsibility of each geographic combatant command for participation in the pilot program. “(B) Considerations.—In making the selection under subparagraph (A), the Secretary of Defense shall consider—“(i) the demonstrated political commitment of the partner country to increasing the participation of women in the security sector; and “(ii) the national security priorities and theater campaign strategies of the United States. “(4) Partner country assessments.—Partner country assessments conducted under the pilot program shall be—“(A) adapted to the local context of the partner country being assessed; “(B) conducted in collaboration with the security sector of the partner country being assessed; and “(C) based on tested methodologies. “(5) Review and assessment.—With respect to each partner country assessment conducted under the pilot program, the Secretary of Defense, in consultation with the Secretary of State, shall—“(A) review the methods of research and analysis used by any entity contracted with under paragraph (2) in conducting the assessment and identify lessons learned from such review; and “(B) assess the ability of the Department to conduct future partner country assessments without entering into such a contract, including by assessing potential costs and benefits for the Department that may arise in conducting such future assessments. “(6) Findings.—“(A) In general.—The Secretary of Defense, in consultation with the Secretary of State, shall use findings from each partner country assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed, which shall be designed to substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities). “(B) Model methodology.—The Secretary of Defense, in consultation with the Secretary of State, shall develop, based on the findings of the pilot program, a model barrier assessment methodology for use across the geographic combatant commands. “(7) Reports.—“(A) In general.—Not later than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 [Dec. 27, 2021], the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress an initial report on the implementation of the pilot program under this subsection that includes an identification of the partner countries selected for participation in the program and the justifications for such selections. “(B) Methodology.—On the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (6)(B). “(g) Briefing.—Not later than 1 year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on the efforts to build partner defense institution and security force capacity pursuant to this section. “(h) Appropriate Committees of Congress Defined.—In this section, the term ‘appropriate committees of Congress’ means—“(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and “(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”

Pacific Deterrence Initiative

Pub. L. 116–283, div. A, title XII, § 1251(a)–(g), Jan. 1, 2021, 134 Stat. 3951–3954, as amended by Pub. L. 117–81, div. A, title XII, § 1242, Dec. 27, 2021, 135 Stat. 1978; Pub. L. 117–263, div. A, title XII, § 1254, Dec. 23, 2022, 136 Stat. 2850; Pub. L. 118–31, div. A, title XIII, § 1302, Dec. 22, 2023, 137 Stat. 489; Pub. L. 118–159, div. A, title XIII, § 1313, Dec. 23, 2024, 138 Stat. 2113; Pub. L. 119–60, div. A, title XII, § 1251, Dec. 18, 2025, 139 Stat. 1113, provided that: “(a) In General.—The Secretary of Defense shall establish an initiative, to be known as the ‘Pacific Deterrence Initiative’ (in this section referred to as the ‘Initiative’), to carry out prioritized activities to enhance the United States deterrence and defense posture in the Indo-Pacific region, assure allies and partners, and increase capability and readiness in the Indo-Pacific region. “(b) Purpose.—The Initiative required under subsection (a) shall carry out the following prioritized activities to improve the design and posture of the joint force in the Indo-Pacific region, primarily west of the International Date Line:“(1) Modernize and strengthen the presence of the United States Armed Forces, including those with advanced capabilities. “(2) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel. “(3) Carry out a program of exercises, training, experimentation, and innovation for the joint force. “(4) Improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces. “(5) Build the defense and security capabilities, capacity, and cooperation of allies and partners. “(c) Funding.—Of the amounts authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2026 [Pub. L. 119–60, see Tables for classification] for the Department of Defense for fiscal year 2026, there is authorized to be appropriated for the Pacific Deterrence Initiative such sums as may be necessary, as indicated in sections 4101, 4201, 4301, and 4601 [of div. D] of such Act [see Tables for classification]. “(d) Report on Resourcing United States Defense Requirements for the Indo-pacific Region and Study on Competitive Strategies.—“(1) Report required.—“(A) In general.—At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives:“(i) The implementation of the National Defense Strategy with respect to the Indo-Pacific region. “(ii) The maintenance or restoration of the comparative military advantage of the United States with respect to the People’s Republic of China. “(iii) The reduction of the risk of executing contingency plans of the Department of Defense. “(B) Matters to be included.—The report required under subparagraph (A) shall include the following:“(i) With respect to the achievement of the objectives described in subparagraph (A), a description of the intended force structure and posture of assigned and allocated forces in each of the following: “(I) West of the International Date Line. “(II) In States outside the contiguous United States east of the International Date Line. “(III) In the contiguous United States. “(ii) An assessment of capabilities requirements to achieve such objectives. “(iii) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. “(iv) An identification of required infrastructure and military construction investments to achieve such objectives. “(v) An assessment of security cooperation authorities, activities, or resources required to achieve such objectives. “(vi)(I) A plan to fully resource United States force posture and capabilities, including— “(aa) a detailed assessment of the resources necessary to address the elements described in clauses (i) through (v), including specific cost estimates for recommended investments or projects—“(AA) to improve the posture and presence of the United States Armed Forces, including those with advanced capabilities; “(BB) to improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel; “(CC) to carry out a program of exercises, training, experimentation, and innovation for the joint force; “(DD) to improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces; “(EE) to build the defense and security capabilities, capacity, and cooperation of allies and partners; and “(FF) to modernize and improve capabilities available to the United States Indo-Pacific Command; and “(bb) a detailed timeline to achieve the intended force structure and posture described in clause (i). “(II) The specific cost estimates required by subclause (I)(aa) shall, to the maximum extent practicable, include the following: “(aa) With respect to procurement accounts—“(AA) amounts displayed by account, budget activity, line number, line item, and line item title; and “(BB) a description of the requirements for each such amount. “(bb) With respect to research, development, test, and evaluation accounts—“(AA) amounts displayed by account, budget activity, line number, program element, and program element title; and “(BB) a description of the requirements for each such amount. “(cc) With respect to operation and maintenance accounts—“(AA) amounts displayed by account title, budget activity title, line number, and subactivity group title; and “(BB) a description of the specific manner in which each such amount would be used. “(dd) With respect to military personnel accounts—“(AA) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and “(BB) a description of the requirements for each such amount. “(ee) With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year. “(ff) With respect to any expenditure or proposed appropriation not described in items (aa) through (ee), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code. “(vii) A budget display, prepared with the assistance of the Under Secretary of Defense (Comptroller), that compares the independent assessment of the Commander of the United States Indo-Pacific Command with the amounts contained in the budget display for the applicable fiscal year under subsection (f). “(C) Form.—The report required under subparagraph (A) may be submitted in classified form, but shall include an unclassified summary. “(D) Availability.—Not later than February 1 each year, the Commander of the United States Indo-Pacific Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service. “(2) Briefings required.—“(A) Initial briefing.—Not later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. “(B) Subsequent briefing.—Not later than 30 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy shall provide to the congressional defense committees a joint briefing, and documents as appropriate, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. “(e) Plan Required.—At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a report on future year activities and resources for the Initiative that includes the following:“(1) A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years, organized—“(A) functionally, by the activities described in paragraphs (1) through (5) of subsection (b); and “(B) geographically by—“(i) areas west of the International Date Line; “(ii) States outside the contiguous United States east of the International Date Line; and “(iii) States in the contiguous United States. “(2) A summary of progress made toward achieving the purposes of the Initiative. “(3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability to achieve objectives in the region. “(4) A detailed timeline to achieve the requirements identified under paragraph (3). “(5) A detailed explanation of any significant modifications to such requirements, as compared to plans previously submitted under this subsection. “(6) Any other matter, as determined by the Secretary. “(f) Budget Display Information.—The Secretary shall include a detailed budget display for the Initiative in the materials of the Department of Defense in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2022 and each fiscal year thereafter that includes the following information:“(1) The resources necessary for the Initiative to carry out the activities required under subsection (b) for the applicable fiscal year and not fewer than the four following fiscal years, organized by the activities described in paragraphs (1) through (5) of that subsection. “(2) With respect to procurement accounts—“(A) amounts displayed by account, budget activity, line number, line item, and line item title; and “(B) a description of the requirements for such amounts specific to the Initiative. “(3) With respect to research, development, test, and evaluation accounts—“(A) amounts displayed by account, budget activity, line number, program element, and program element title; and “(B) a description of the requirements for such amounts specific to the Initiative. “(4) With respect to operation and maintenance accounts—“(A) amounts displayed by account title, budget activity title, line number, and subactivity group title; and “(B) a description of the specific manner in which such amounts will be used. “(5) With respect to military personnel accounts—“(A) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and “(B) a description of the requirements for such amounts specific to the Initiative. “(6) With respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount by fiscal year. “(7) With respect to the activities described in subsection (b)—“(A) amounts displayed by account title, budget activity title, line number, and subactivity group title; and “(B) a description of the specific manner in which such amounts will be used. “(8) With respect to each military service—“(A) amounts displayed by account title, budget activity title, line number, and subactivity group title; and “(B) a description of the specific manner in which such amounts will be used. “(9) With respect to the amounts described in each of paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and (8)(A), a comparison between—“(A) the amount in the budget of the President for the following fiscal year; “(B) the amount projected in the previous budget of the President for the following fiscal year; “(C) a detailed summary of funds obligated for the Initiative during the preceding fiscal year; and “(D) a detailed comparison of funds obligated for the Initiative during the previous fiscal year to the amount of funds requested for such fiscal year. “(g) Briefings Required.—Not later than March 1, 2021, and annually thereafter, the Secretary shall provide to the congressional defense committees a briefing on the budget proposal and programs, including the budget display information for the applicable fiscal year required by subsection (f).”

Cooperative Program With Vietnam To Account for Vietnamese Personnel Missing in Action

Pub. L. 116–283, div. A, title XII, § 1254, Jan. 1, 2021, 134 Stat. 3955, provided that: “(a) In General.—The Secretary of Defense, in coordination with the Secretary of State, is authorized to carry out a cooperative program with the Ministry of Defense of Vietnam to assist in accounting for Vietnamese personnel missing in action. “(b) Purpose.—The purpose of the cooperative program under subsection (a) is to carry out the following activities:“(1) Collection, digitization, and sharing of archival information. “(2) Building the capacity of Vietnam to conduct archival research, investigations, and excavations. “(3) Improving DNA analysis capacity. “(4) Increasing veteran-to-veteran exchanges. “(5) Other support activities the Secretary of Defense considers necessary and appropriate.”

Public Reporting of Chinese Military Companies Operating in the United States

Pub. L. 116–283, div. A, title XII, § 1260H, Jan. 1, 2021, 134 Stat. 3965, as amended by Pub. L. 118–159, div. A, title XIII, § 1346, Dec. 23, 2024, 138 Stat. 2123; Pub. L. 119–60, div. A, title XII, §§ 1262(a), 1263, Dec. 18, 2025, 139 Stat. 1118, 1119, provided that: “(a) Determination.—The Secretary of Defense shall identify each entity the Secretary determines, based on the most recent information available, is operating directly or indirectly in the United States or any of its territories and possessions, that is a Chinese military company. “(b) Reporting and Publication.—“(1) Annual report.—Not later than April 15, 2021, and annually thereafter until December 31, 2030, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a list of each entity identified pursuant to subsection (a) to be a Chinese military company, in classified and unclassified forms, and shall include in such submission, as applicable, a justification for adding any entities to the list and for deleting any entities from a prior list. “(2) Concurrent publication.—“(A) In general.—Concurrent with the submission of each list described in paragraph (1), the Secretary shall publish the unclassified portion of such list in the Federal Register. “(B) Inclusion.—The publication required by subparagraph (A) shall include, for each entity included in the unclassified portion of such list, the justification for inclusion in such list. “(3) Annual revisions.—“(A) In general.—The Secretary shall make additions or deletions to the most recent list submitted under paragraph (1) not less frequently than annually based on the latest information available. “(B) Review of entities added to other lists.—In preparing each annual revision under subparagraph (A) of the list required by paragraph (1), the Secretary shall consider whether to include each Chinese entity added, during the preceding year, to any other list maintained by the United States of entities subject to additional restrictions or scrutiny for any purpose, as a result of concerns relating to the activities or affiliations of such entities. “(4) Language requirement.—The Secretary shall prepare the list required by paragraph (1) in English and in Mandarin Chinese. If the name of a Chinese military company included on the list is referred to by the Government of China in a language other than English or Mandarin Chinese, the Secretary shall also include on the list the name of that company in that language. “(c) Consultation.—The Secretary may consult with the head of any appropriate Federal department or agency in making the determinations described in subsection (a) and shall transmit a copy of each list submitted under subsection (b)(1) to the heads of each appropriate Federal department and agency. “(d) Defense Industrial Base Report.—“(1) In general.—Not later than December 31, 2026, and biennially thereafter through December 31, 2031, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of Department of Defense procurement restrictions on entities included in the list described in subsection (b)(1). “(2) Elements.—Each report required by paragraph (1) shall include the following:“(A) A list of each entity included in the list described in subsection (b)(1) that is likely present in the United States defense industrial base. “(B) Available unclassified data on any such entity and its presence within the United States defense industrial base. “(C) A description of any update to policies or procedures implemented to enforce procurement restrictions on entities included in the list described in subsection (b)(1). “(e) Procedures for Implementation.—The Secretary of Defense shall establish such reasonable procedures as are necessary to implement the provisions of this section, including for obtaining information from outside entities relevant to the list described in subsection (b)(1) and procedures for removal of entities from the list described in subsection (b)(1). “(f) Judicial Review.— In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act [18 U.S.C. App.]) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review. “(g) Definitions.—In this section:“(1) Affiliated with.—The term ‘affiliated with’ means in close formal or informal association. “(2) Chinese military company.—The term ‘Chinese military company’—“(A) does not include natural persons; “(B) means an entity that is—“(i)(I) directly or indirectly owned by, controlled by, or beneficially owned by, affiliated with, or in an official or unofficial capacity acting as an agent of or on behalf of, the People’s Liberation Army, Chinese military and paramilitary elements, security forces, police, law enforcement, border control, the People’s Armed Police, the Ministry of State Security (MSS), or any other organization subordinate to the Central Military Commission of the Chinese Communist Party, the Chinese Ministry of Industry and Information Technology (MIIT), the State-Owned Assets Supervision and Administration Commission of the State Council (SASAC), or the State Administration of Science, Technology, and Industry for National Defense (SASTIND); or “(II) identified as a military-civil fusion contributor to the Chinese defense industrial base; and “(ii) engaged in providing commercial services, manufacturing, producing, or exporting; and “(C) includes a wholly-owned or wholly-controlled subsidiary or wholly-owned or wholly-controlled affiliate of such an entity or any entity that owns in the aggregate, directly or indirectly, 50 percent or more of any entity or entities described in subparagraph (B). “(3) Military-civil fusion contributor.—The term ‘military-civil fusion contributor’ includes any of the following:“(A) Entities knowingly receiving assistance from the Government of China or the Chinese Communist Party through science, technology, research, and industrial efforts initiated, granted, or created by, or provided under, or related to, the Chinese military industrial planning apparatus, or in furtherance of Chinese military industrial planning objectives, including selection or designation as a ‘Single Champion’, ‘Little Giant’, or any other successor selection or designation as an enterprise associated with industrial planning or military-civil fusion efforts. “(B) Entities managed, overseen, or supervised by, otherwise under the control of, or affiliated with (including by means of formal participation in research partnerships and projects)—“(i) the Chinese Ministry of Industry and Information Technology (MIIT); “(ii) the State-Owned Assets Supervision and Administration Commission of the State Council (SASAC); “(iii) the State Administration of Science, Technology and Industry for National Defense (SASTIND); “(iv) the Ministry of State Security (MSS); or “(v) the People’s Liberation Army. “(C) Entities receiving assistance, operational direction or policy guidance from the State Administration for Science, Technology and Industry for National Defense. “(D) Any entities or subsidiaries defined as a ‘defense enterprise’ by the State Council of the People’s Republic of China. “(E) Entities residing in or affiliated with a military-civil fusion enterprise zone or receiving assistance from the Government of China through such enterprise zone. “(F) Entities awarded with receipt of military production licenses by the Government of China, including a Weapons and Equipment Research and Production Unit Classified Qualification Permit, Weapons and Equipment Research and Production Certificate, Weapons and Equipment Quality Management System Certificate, or Equipment Manufacturing Unit Qualification. “(G) Entities that advertise on national, provincial, and non-governmental military equipment procurement platforms in the People’s Republic of China. “(H) Any other entities the Secretary determines is appropriate. “(4) Operating directly or indirectly in the united states or any of its territories and possessions.—With respect to an entity, the term ‘operating directly or indirectly in the United States or any of its territories and possessions’ includes an entity selling goods in, or receiving goods or services from, the United States or any of its territories or possessions, regardless of whether the entity has a physical presence in the United States. “(5) People’s liberation army.—The term ‘People’s Liberation Army’ means the land, naval, and air military services, the People’s Armed Police, the Strategic Support Force, the Rocket Force, and any other related security or intelligence element within the Government of China or the Chinese Communist Party that the Secretary determines is appropriate, including other Chinese military and paramilitary elements, security forces, police, law enforcement, border control, and the Ministry of State Security.”

[Pub. L. 119–60, div. A, title XII, § 1262, Dec. 18, 2025, 139 Stat. 1118, provided that, effective one year after Dec. 18, 2025, section 1260H(g)(2)(B)(i)(I) of Pub. L. 116–283, set out above, is generally amended to read as follows: “directly or indirectly owned by, controlled by, or beneficially owned by, affiliated with, or in an official or unofficial capacity acting as an agent of or on behalf of, any of the following, whether operating inside or outside of China— [“(aa) the People’s Liberation Army; [“(bb) Chinese military and paramilitary elements, security forces, police, law enforcement, or border control; [“(cc) the People’s Armed Police; [“(dd) the Ministry of State Security, or any other organization subordinate to the Central Military Commission of the Chinese Communist Party; [“(ee) the Chinese Ministry of Industry and Information Technology; [“(ff) the State-Owned Assets Supervision and Administration Commission of the State Council; or [“(gg) the State Administration of Science, Technology, and Industry for National Defense; or” .]

[Pub. L. 118–159, § 1346(1)(C)(i), which directed amendment of section 1260H(b)(3) of Pub. L. 116–283, set out above, by substituting “annual” for “ongoing” in par. heading, was executed by substituting “Annual” for “Ongoing”, to reflect the probable intent of Congress.]

Review of Department of Defense Compliance With “Principles Related to the Protection of Medical Care Provided by Impartial Humanitarian Organizations During Armed Conflicts”

Pub. L. 116–283, div. A, title XII, § 1299J, Jan. 1, 2021, 134 Stat. 4012, provided that: “(a) Review.—Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives any available results of the review requested on October 3, 2016, by the Secretary of Defense of compliance of all relevant Department of Defense orders, rules of engagement, directives, regulations, policies, practices, and procedures, with the ‘Principles Related to the Protection of Medical Care Provided by Impartial Humanitarian Organizations During Armed Conflicts’. “(b) Additional Requirement.—The Secretary of Defense shall continue to ensure that all Department of Defense orders, rules of engagement, directives, regulations, policies, practices, and procedures that were reviewed as described in subsection (a), including any other guidance, training, or standard operating procedures relating to the protection of health care during armed conflict, are consistent with the ‘Principles Related to the Protection of Medical Care Provided by Impartial Humanitarian Organizations During Armed Conflicts’.”

Independent Assessment on Gender and Countering Violent Extremism

Pub. L. 116–92, div. A, title X, § 1047, Dec. 20, 2019, 133 Stat. 1588, provided that: “(a) In General.—The Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into a contract with a nonprofit entity or a federally funded research and development center independent of the Department of Defense and the Department of State to conduct research and analysis on the relationship between gender and violent extremism. “(b) Elements.—The research and analysis conducted under subsection (a) shall include consideration of the following:“(1) The probable causes and historical trends of women’s participation in violent extremist organizations. “(2) Potential ways in which women’s participation in violent extremism is likely to change in the near- and medium-term. “(3) The relationship between violent extremism and each of the following:“(A) Gender-based violence, abduction, and human trafficking. “(B) The perceived role or value of women at the community level, including with respect to property and inheritance rights and bride-price and dowry. “(C) Community opinions of killing or harming of women. “(D) Violations of girls’ rights, including child, early, and forced marriage and access to education. “(4) Ways for the Department of Defense to engage and support women and girls who are vulnerable to extremist behavior and activities as a means to counter violent extremism and terrorism. “(c) Utilization.—The Secretary of Defense and the Secretary of State shall utilize the results of the research and analysis conducted under subsection (a) to inform the strategic and operational objectives of the geographic combatant command, where appropriate. Such utilization shall be in accordance with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 22 U.S.C. 2152j et seq.). “(d) Reports.—“(1) In general.—Not later than 270 days after the date of the enactment of this Act [Dec. 20, 2019], the nonprofit entity or federally funded research and development center with which the Secretary of Defense enters into the contract under subsection (a) shall submit to the Secretary of Defense and Secretary of State a report on the results of the research and analysis required by subsection (a). “(2) Submission to congress.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees each of the following:“(A) A copy of the report submitted under paragraph (1) without change. “(B) Any comments, changes, recommendations, or other information provided by the Secretary of Defense and the Secretary of State relating to the research and analysis required by subsection (a) and contained in such report. “(3) Appropriate congressional committees.—In this paragraph, the term ‘appropriate congressional committees’ means—“(A) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; “(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and “(C) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.”

Transmittal to Congress of Requests for Assistance From Other Departments of the Federal Government That Are Approved by the Department of Defense

Pub. L. 116–92, div. A, title XVII, § 1707, Dec. 20, 2019, 133 Stat. 1799, as amended by Pub. L. 119–60, div. A, title X, § 1053(c), Dec. 18, 2025, 139 Stat. 1044, provided that: “(a) Requests Following Approval.—Not later than seven calendar days after the Department of Defense approves a Request for Assistance from the Department of Homeland Security or the Department of Health and Human Services, the Secretary of Defense shall electronically transmit to the Committees on Armed Services of the Senate and the House of Representatives a copy of such Request for Assistance. “(b) Official Responses to Approved Requests.—At the same time the Secretary of Defense submits to the Secretary of Homeland Security or the Secretary of Health and Human Services an official response of the Department of Defense approving a Request for Assistance from the Department of Homeland Security or the Department of Health and Human Services, as applicable, the Secretary of Defense shall electronically transmit to the Committees on Armed Services of the Senate and the House of Representatives a copy of such official response. “(c) Reports on Support for Immigration Enforcement Operations.—“(1) In general.—If the Department of Defense approves a Request for Assistance for support for immigration enforcement operations, the Secretary of Defense shall electronically transmit to the Committees on Armed Services of the Senate and the House of Representatives a report on such support not later than 30 calendar days after the date on which the Secretary approves the Request for Assistance and every 90 calendar days thereafter. “(2) Elements.—Each report required by paragraph (1) shall include information on the following:“(A) The name of any Department of Defense facility used to support immigrant enforcement operations and costs associated with any modifications to such facilities to support such operations. “(B) The number of Department of Defense personnel assigned to conduct support for immigration enforcement operations, the units from which such personnel were assigned, the duration of the operations, and the personnel cost associated with of such operations.”

Actions To Increase Analytic Support

Pub. L. 116–92, div. A, title XVII, § 1709, Dec. 20, 2019, 133 Stat. 1801, provided that: “(a) In General.—The Secretary of Defense shall direct the Under Secretary of Defense for Policy, the Director of the Joint Staff, and the Director of Cost Assessment and Program Evaluation, in consultation with the Secretary of each of the military services, to jointly develop and implement a plan to strengthen the analytic capabilities, expertise, and processes necessary to implement the national defense strategy, as required under section 113(g) of title 10, United States Code. “(b) Elements.—The plan under subsection (a) shall include—“(1) an assessment of the decision support capability of the Department of Defense to support decision-making, specifically the analytic expertise available to inform senior leader decisions that link national defense strategy objectives with approaches to competing effectively across the full spectrum of engagement against strategic competitors; “(2) an analytic approach to force structure development, including an assessment of the major elements, products, and milestones of the force planning process of the Department; “(3) the conclusions and recommendations of the Defense Planning and Analysis Community initiative; “(4) the progress of the Department in implementing the recommendations of the Comptroller General of the United States set forth in Government Accountability Office Report (GAO-19-40C); “(5) the progress of the Under Secretary, the Chairman of the Joint Chiefs of Staff, and the Director of Cost Assessment and Program Evaluation in implementing paragraph (5) of section 134(b) of title 10, United States Code, as added by section 902(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232); and “(6) such other matters as the Secretary of Defense determines to be appropriate. “(c) Briefing Required.—Not later than March 1, 2020, 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 plan under subsection (a).”

Oversight of Department of Defense Execute Orders

Pub. L. 116–92, div. A, title XVII, § 1744, Dec. 20, 2019, 133 Stat. 1842, provided that: “(a) Review of Execute Orders.—Not later than 30 days after receiving a written request by the Chairman or Ranking Member of a congressional defense committee, the Secretary of Defense shall provide the committee, including appropriately designated staff of the committee, with—“(1) an execute order approved by the Secretary or the commander of a combatant command for review; and “(2) a detailed briefing on such execute order. “(b) Exception.—“(1) In general.—In extraordinary circumstances necessary to protect operations security or the sensitivity of the execute order, the Secretary may limit review of an execute order. A determination that extraordinary circumstances exist for purposes of this paragraph may only be made by the Secretary and the decision to limit the review of an execute order may not be delegated. “(2) Summary and other information.—In extraordinary circumstances described in paragraph (1) with respect to an execute order, within 30 days of receiving a written request under subsection (a), the Secretary shall provide to the committee concerned, including appropriately designated staff of the committee—“(A) a written explanation of the extraordinary circumstances that led to the determination by the Secretary to limit review of the execute order; and “(B) a detailed summary of the execute order and other information necessary for the conduct of the oversight duties of the committee. “(c) Quarterly Report.—Not later than 30 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2021 and every 90 days thereafter, 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 comprehensive report identifying and summarizing all execute orders approved by the Secretary or the commander of a combatant command in effect for the Department of Defense as of the date of the report.”

Prohibition and Removal of Names Related to the Confederacy on Department of Defense Assets; Commission Established

Pub. L. 116–283, div. A, title III, § 370, Jan. 1, 2021, 134 Stat. 3553, provided that: “(a) Removal.—Not later than three years after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall implement the plan submitted by the commission described in paragraph (b) and remove all names, symbols, displays, monuments, and paraphernalia that honor or commemorate the Confederate States of America (commonly referred to as the ‘Confederacy’) or any person who served voluntarily with the Confederate States of America from all assets of the Department of Defense. “(b) In General.—The Secretary of Defense shall establish a commission relating to assigning, modifying, or removing of names, symbols, displays, monuments, and paraphernalia to assets of the Department of Defense that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America. “(c) Duties.—The Commission shall—“(1) assess the cost of renaming or removing names, symbols, displays, monuments, or paraphernalia that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America; “(2) develop procedures and criteria to assess whether an existing name, symbol, monument, display, or paraphernalia commemorates the Confederate States of America or person who served voluntarily with the Confederate States of America; “(3) recommend procedures for renaming assets of the Department of Defense to prevent commemoration of the Confederate States of America or any person who served voluntarily with the Confederate States of America; “(4) develop a plan to remove names, symbols, displays, monuments, or paraphernalia that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America from assets of the Department of Defense, within the timeline established by this Act; and “(5) include in the plan procedures and criteria for collecting and incorporating local sensitivities associated with naming or renaming of assets of the Department of Defense. “(d) Membership.—The Commission shall be composed of eight members, of whom—“(1) four shall be appointed by the Secretary of Defense; “(2) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate; “(3) one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate; “(4) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and “(5) one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives. “(e) Appointment.—Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act [Jan. 1, 2021]. “(f) Initial Meeting.—The Commission shall hold its initial meeting on the date that is 60 days after the enactment of this Act. “(g) Briefings and Reports.—Not later than October 1, 2021, the Commission shall brief the Committees on Armed Services of the Senate and House of Representatives detailing the progress of the requirements under subsection (c). Not later than October 1, 2022, and not later than 90 days before the implementation of the plan in subsection (c)(4), the Commission shall present a briefing and written report detailing the results of the requirements under subsection (c), including:“(1) A list of assets to be removed or renamed. “(2) Costs associated with the removal or renaming of assets in subsection (g)(1). “(3) Criteria and requirements used to nominate and rename assets in subsection (g)(1). “(4) Methods of collecting and incorporating local sensitivities associated with the removal or renaming of assets in subsection (g)(1). “(h) Funding.—“(1) Authorization of appropriations.—There is authorized to be appropriated $2,000,000 to carry out this section. “(2) Offset.—The amount authorized to be appropriated by the Act [sic] for fiscal year 2021 for Operations and Maintenance, Army, sub activity group 434 - other personnel support is hereby reduced by $2,000,000. “(i) Assets Defined.—In this section, the term ‘assets’ includes any base, installation, street, building, facility, aircraft, ship, plane, weapon, equipment, or any other property owned or controlled by the Department of Defense. “(j) Exemption for Grave Markers.—Shall not cover monuments but shall exempt grave markers. [sic] Congress expects the commission to further define what constitutes a grave marker.”

Pub. L. 116–92, div. A, title XVII, § 1749, Dec. 20, 2019, 133 Stat. 1848, provided that: “(a) Prohibition on Names Related to the Confederacy.—In naming a new asset or renaming an existing asset, the Secretary of Defense or the Secretary of a military department may not give a name to an asset that refers to, or includes a term referring to, the Confederate States of America (commonly referred to as the ‘Confederacy’), including any name referring to—“(1) a person who served or held leadership within the Confederacy; or “(2) a Confederate battlefield victory. “(b) Asset Defined.—In this section, the term ‘asset’ includes any base, installation, facility, aircraft, ship, equipment, or any other property owned or controlled by the Department of Defense or a military department. “(c) Savings Clause.—Nothing in this section may be construed as requiring a Secretary concerned to initiate a review of previously named assets.”

Installation and Maintenance of Fire Extinguishers in Department of Defense Facilities

Pub. L. 116–92, div. B, title XXVIII, § 2861, Dec. 20, 2019, 133 Stat. 1899, as amended by Pub. L. 117–81, div. B, title XXVIII, § 2881, Dec. 27, 2021, 135 Stat. 2216, provided that: “The Secretary of Defense shall ensure that portable fire extinguishers are installed and maintained in all Department of Defense facilities, in accordance with NFPA 1, Fire Code of the National Fire Protection Association and applicable requirements of the international building code and international fire code of the International Code Council that require redundancy and extinguishers throughout occupancies regardless of the presence of other suppression systems or alarm systems.”

Annual Report on Civilian Casualties in Connection With United States Military Operations

Pub. L. 115–91, div. A, title X, §1057, Dec. 12, 2017, 131 Stat. 1572, as amended by Pub. L. 115–232, div. A, title X, § 1062, Aug. 13, 2018, 132 Stat. 1970; Pub. L. 116–92, div. A, title XVII, § 1703(a), Dec. 20, 2019, 133 Stat. 1797; Pub. L. 117–263, div. A, title X, § 1056(a), Dec. 23, 2022, 136 Stat. 2779; Pub. L. 118–159, div. A, title X, § 1064, Dec. 23, 2024, 138 Stat. 2065, provided that: “(a) Annual Report Required.—Not later than May 1 each year, 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 civilian casualties caused as a result of United States military operations during the preceding year. “(b) Elements.—Each report under subsection (a) shall set forth the following:“(1) A list of all the United States military operations, including each specific mission, strike, engagement, raid, or incident, during the year covered by such report that resulted in civilian casualties that have been confirmed or are reasonably suspected to have occurred. “(2) For each military operation listed pursuant to paragraph (1), each of the following:“(A) The date. “(B) The location, including, to the extent practicable, the closest town, city, or identifiable place. “(C) An identification of whether the operation occurred inside or outside of a declared theater of active armed conflict. “(D) The type of operation, including the specific justification or use of authority for each strike conducted. “(E) An assessment of the number of civilian and enemy combatant casualties, including a differentiation between those killed and those injured, formulated as a range, if necessary, and including, to the extent practicable, information regarding the number of men, women, and children involved. “(F) A summary of the determination of each completed civilian casualty assessment or investigation. “(G) For each assessment or investigation of an incident that resulted in civilian casualties—“(i) whether the Department conducted any witness interviews or site visits occurred, and if not, an explanation of why not; and “(ii) whether information pertaining to the incident that was collected by one or more non-governmental entities was considered, if such information exists. “(3) A description of the process by which the Department of Defense investigates allegations of civilian casualties resulting from United States military operations, including how the Department incorporates information from interviews with witnesses, civilian survivors of United States operations, and public reports or other nongovernmental sources. “(4) A description of any new or updated civilian harm policies and procedures implemented by the Department of Defense. “(5) A description of any allegations of civilian casualties made by public or non-governmental sources formally investigated by the Department of Defense. “(6) A description of the general reasons for any discrepancies between the assessments of the United States and reporting from nongovernmental organizations regarding non-combatant deaths resulting from strikes and operations undertaken by the United States. “(7) The definitions of ‘combatant’ and ‘non-combatant’ used in the preparation of the report, which shall be consistent with the laws of armed conflict. “(8) Any update or modification to any report under this section during a previous year. “(9) Any other matters the Secretary of Defense determines are relevant. “(c) Use of Sources.—In preparing a report under this section, the Secretary of Defense shall take into account relevant and credible all-source reporting, including information from public reports and nongovernmental sources. “(d) Form.—Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex. The unclassified form of each report shall, at a minimum, be responsive to each element under subsection (b) of a report under subsection (a), and shall be made available to the public at the same time it is submitted to Congress (unless the Secretary certifies in writing that the publication of such information poses a threat to the national security interests of the United States). “(e) Sunset.—The requirement to submit a report under subsection (a) shall expire on December 31, 2030.”

[Pub. L. 117–263, div. A, title X, § 1056(b), Dec. 23, 2022, 136 Stat. 2779, provided that: “The amendments made by this section [amending section 1057 of Pub. L. 115–91, set out above] shall apply as follows: [“(1) Except as provided in paragraph (2), the amendments made by this section shall apply with respect to a report submitted on or after May 1, 2024. [“(2) The amendments made by subparagraphs (A) and (B) of subsection (a)(2) shall apply with respect to a report submitted after the date of the enactment of this Act [Dec. 23, 2022].” ]

[Pub. L. 116–92, div. A, title XVII, § 1703(b), Dec. 20, 2019, 133 Stat. 1797, provided that: “The Law Revision Counsel is directed to place such section 1057 [section 1057 of Pub. L. 115–91, set out above] in a note following section 113 of title 10, United States Code.” ]

Improved Crime Reporting

Pub. L. 115–232, div. A, title V, § 546, Aug. 13, 2018, 132 Stat. 1765, provided that: “(a) Tracking Process.—The Secretary of Defense, in consultation with the secretaries of the military departments, shall establish a consolidated tracking process for the Department of Defense to ensure increased oversight of the timely submission of crime reporting data to the Federal Bureau of Investigation under section 922(g) of title 18, United States Code, and Department of Defense Instruction 5505.11, ‘Fingerprint Card and Final Disposition Report Submission Requirements’. The tracking process shall, to the maximum extent possible, standardize and automate reporting and increase the ability of the Department to track such submissions. “(b) Letter Required.—Not later than July 1, 2019, the Secretary of Defense shall submit a letter to the Committees on Armed Services of the Senate and House of Representatives that details the tracking process under subsection (a).”

Critical Technologies List

Pub. L. 115–232, div. A, title X, § 1049, Aug. 13, 2018, 132 Stat. 1961, provided that: “(a) List Required.—The Secretary of Defense shall establish and maintain a list of acquisition programs, technologies, manufacturing capabilities, and research areas that are critical for maintaining the national security technological advantage of the United States over foreign countries of special concern. The list shall be accompanied by a justification for inclusion of items on the list, including specific performance and technical figures of merit. “(b) Use of List.—The Secretary may use the list required under subsection (a) to—“(1) guide the recommendations of the Secretary in any interagency determinations conducted pursuant to Federal law relating to technology protection, including relating to export licensing, deemed exports, technology transfer, and foreign direct investment; “(2) inform the Secretary while engaging in interagency processes on promotion and protection activities involving acquisition programs and technologies that are necessary to achieve and maintain the national security technology advantage of the United States and that are supportive of military requirements and strategies; “(3) inform the Department’s activities to integrate acquisition, intelligence, counterintelligence and security, and law enforcement to inform requirements, acquisition, programmatic, and strategic courses of action for technology protection; “(4) inform development of research investment strategies and activities and develop innovation centers and an emerging technology industrial base through the employment of financial assistance from the United States Government through appropriate statutory authorities and programs; “(5) identify opportunities for alliances and partnerships in key research and development areas to achieve and maintain a national security technology advantage; and “(6) carry out such other purposes as identified by the Secretary. “(c) Publication.—The Secretary shall—“(1) publish the list required under subsection (a) by not later than December 31, 2018; and “(2) update such list at least annually.”

Guidance on the Electronic Warfare Mission Area and Joint Electromagnetic Spectrum Operations

Pub. L. 115–232, div. A, title X, § 1053, Aug. 13, 2018, 132 Stat. 1966, as amended by Pub. L. 117–81, div. A, title IX, § 907(a), (b), (c)(2), Dec. 27, 2021, 135 Stat. 1873, 1875; Pub. L. 117–263, div. A, title IX, § 914, title X, § 1081(b), Dec. 23, 2022, 136 Stat. 2751, 2797, which required the Secretary of Defense to establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense, was repealed by Pub. L. 118–31, div. A, title XVI, § 1682(c), Dec. 22, 2023, 137 Stat. 617.

United States Policy With Respect to Freedom of Navigation and Overflight

Pub. L. 115–232, div. A, title X, § 1086, Aug. 13, 2018, 132 Stat. 1992, provided that: “(a) Declaration of Policy.—It is the policy of the United States to fly, sail, and operate throughout the oceans, seas, and airspace of the world wherever international law allows. “(b) Implementation of Policy.—In furtherance of the policy set forth in subsection (a), the Secretary of Defense should—“(1) plan and execute a robust series of routine and regular air and naval presence missions throughout the world and throughout the year, including for critical transportation corridors and key routes for global commerce; “(2) in addition to the missions executed pursuant to paragraph (1), execute routine and regular air and maritime freedom of navigation operations throughout the year, in accordance with international law, including, but not limited to, maneuvers beyond innocent passage; and “(3) to the maximum extent practicable, execute the missions pursuant to paragraphs (1) and (2) with regional partner countries and allies of the United States.”

Report on Military and Coercive Activities of the People’s Republic of China in South China Sea

Pub. L. 115–232, div. A, title XII, § 1262, Aug. 13, 2018, 132 Stat. 2061, provided that: “(a) In General.—Except as provided in subsection (d), immediately after the commencement of any significant reclamation, assertion of an excessive territorial claim, or militarization activity by the People’s Republic of China in the South China Sea, including any significant military deployment or operation or infrastructure construction, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees, and release to the public, a report on the military and coercive activities of China in the South China Sea in connection with such activity. “(b) Elements of Report to Public.—Each report on the commencement of a significant reclamation, an assertion of an excessive territorial claim, or a militarization activity under subsection (a) shall include a short narrative on, and one or more corresponding images of, such commencement of a significant reclamation, assertion of an excessive territorial claim, or militarization activity. “(c) Form.—“(1) Submission to congress.—Any report under subsection (a) that is submitted to the appropriate congressional committees shall be submitted in unclassified form, but may include a classified annex. “(2) Release to public.—If a report under subsection (a) is released to the public, such report shall be so released in unclassified form. “(d) Waiver.—“(1) Release of report to public.—The Secretary of Defense may waive the requirement in subsection (a) for the release to the public of a report on the commencement of any significant reclamation, an assertion of an excessive territorial claim, or a militarization activity by the People’s Republic of China in the South China Sea if the Secretary determines that the release to the public of a report on such activity under that subsection in the form required by subsection (c)(2) would have an adverse effect on the national security interests of the United States. “(2) Notice to congress.—If the Secretary issues a waiver under paragraph (1) with respect to a report on an activity, not later than 48 hours after the Secretary issues such waiver, the Secretary shall submit to the appropriate congressional committees written notice of, and justification for, such waiver. “(e) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—“(1) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and “(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”

Strategic Plan To Improve Capabilities of Department of Defense Training Ranges and Installations