§ 113. Secretary of Defense

Pub. L. 110–181, div. A, title XII, § 1225, Jan. 28, 2008, 122 Stat. 375, which required the Secretary of Defense, in coordination with the Director of National Intelligence, to submit to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives reports describing and assessing any support provided to anti-coalition forces in Iraq by Iran or its agents, the strategy and ambitions in Iraq of Iran, and any strategy or efforts by the United States to counter the activities of agents of Iran in Iraq, was repealed by Pub. L. 111–383, div. A, title XII, § 1233(f)(2), Jan. 7, 2011, 124 Stat. 4397.

Requirement for Secretary of Defense To Prepare Plan for Response to Natural Disasters and Terrorist Events

Pub. L. 110–181, div. A, title XVIII, § 1814, Jan. 28, 2008, 122 Stat. 498, required, by June 1, 2008, the preparation and submission to Congress of a plan for coordinating the use of the National Guard and members of the Armed Forces on active duty when responding to natural disasters, acts of terrorism, and certain other disasters and submission of an update of the plan by June 1, 2010.

Determination of Department of Defense Civil Support Requirements

Pub. L. 110–181, div. A, title XVIII, § 1815(a)–(d), Jan. 28, 2008, 122 Stat. 499, provided that: “(a) Determination of Requirements.—The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall determine the military-unique capabilities needed to be provided by the Department of Defense to support civil authorities in an incident of national significance or a catastrophic incident. “(b) Plan for Funding Capabilities.—“(1) Plan.—The Secretary of Defense shall develop and implement a plan, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, for providing the funds and resources necessary to develop and maintain the following:“(A) The military-unique capabilities determined under subsection (a). “(B) Any additional capabilities determined by the Secretary to be necessary to support the use of the active components and the reserve components of the Armed Forces for homeland defense missions, domestic emergency responses, and providing military support to civil authorities. “(2) Term of plan.—The plan required under paragraph (1) shall cover at least five years. “(c) Budget.—The Secretary of Defense shall include in the materials accompanying the budget submitted for each fiscal year a request for funds necessary to carry out the plan required under subsection (b) during the fiscal year covered by the budget. The defense budget materials shall delineate and explain the budget treatment of the plan for each component of each military department, each combatant command, and each affected Defense Agency. “(d) Definitions.—In this section:“(1) The term ‘military-unique capabilities’ means those capabilities that, in the view of the Secretary of Defense—“(A) cannot be provided by other Federal, State, or local civilian agencies; and “(B) are essential to provide support to civil authorities in an incident of national significance or a catastrophic incident. “(2) The term ‘defense budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.”

Military Severely Injured Center

Pub. L. 109–364, div. A, title V, § 564, Oct. 17, 2006, 120 Stat. 2222, provided that: “(a) Center Required.—In support of the comprehensive policy on the provision of assistance to severely wounded or injured servicemembers required by section 563 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3269; 10 U.S.C. 113 note), the Secretary of Defense shall establish within the Department of Defense a center to augment and support the programs and activities of the military departments for the provision of such assistance, including the programs of the military departments referred to in subsection (c). “(b) Designation.—The center established under subsection (a) shall be known as the ‘Military Severely Injured Center’ (in this section referred to as the ‘Center’). “(c) Programs of the Military Departments.—The programs of the military departments referred to in this subsection are the following:“(1) The Army Wounded Warrior Support Program. “(2) The Navy Safe Harbor Program. “(3) The Palace HART Program of the Air Force. “(4) The Marine for Life Injured Support Program of the Marine Corps. “(d) Activities of Center.—“(1) In general.—The Center shall carry out such programs and activities to augment and support the programs and activities of the military departments for the provision of assistance to severely wounded or injured servicemembers and their families as the Secretary of Defense, in consultation with the Secretaries of the military departments and the heads of other appropriate departments and agencies of the Federal Government (including the Secretary of Labor and the Secretary of Veterans Affairs), determines appropriate. “(2) Database.—The activities of the Center under this subsection shall include the establishment and maintenance of a central database. The database shall be transparent and shall be accessible for use by all of the programs of the military departments referred to in subsection (c). “(e) Resources.—The Secretary of Defense shall allocate to the Center such personnel and other resources as the Secretary of Defense, in consultation with the Secretaries of the military departments, considers appropriate in order to permit the Center to carry out effectively the programs and activities assigned to the Center under subsection (d).”

Pub. L. 109–163, div. A, title V, § 563, Jan. 6, 2006, 119 Stat. 3269, provided that: “(a) Comprehensive Policy.—“(1) Policy required.—Not later than June 1, 2006, the Secretary of Defense shall prescribe a comprehensive policy for the Department of Defense on the provision of assistance to members of the Armed Forces who incur severe wounds or injuries in the line of duty (in this section referred to as ‘severely wounded or injured servicemembers’). “(2) Consultation.—The Secretary shall develop the policy required by paragraph (1) in consultation with the Secretaries of the military departments, the Secretary of Veterans Affairs, and the Secretary of Labor. “(3) Incorporation of past experience and practice.—The policy required by paragraph (1) shall be based on—“(A) the experience and best practices of the military departments, including the Army Wounded Warrior Program, the Marine Corps Marine for Life Injured Support Program, the Air Force Palace HART program, and the Navy Wounded Marines and Sailors Initiative; “(B) the recommendations of nongovernment organizations with demonstrated expertise in responding to the needs of severely wounded or injured servicemembers; and “(C) such other matters as the Secretary of Defense considers appropriate. “(4) Procedures and standards.—The policy shall include guidelines to be followed by the military departments in the provision of assistance to severely wounded or injured servicemembers. The procedures and standards shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a particular military department. The procedures and standards shall establish a minimum level of support and shall specify the duration of programs. “(b) Elements of Policy.—The comprehensive policy developed under subsection (a) shall address the following matters:“(1) Coordination with the Severely Injured Joint Support Operations Center of the Department of Defense. “(2) Promotion of a seamless transition to civilian life for severely wounded or injured servicemembers who are or are likely to be separated on account of their wound or injury. “(3) Identification and resolution of special problems or issues related to the transition to civilian life of severely wounded or injured servicemembers who are members of the reserve components. “(4) The qualifications, assignment, training, duties, supervision, and accountability for the performance of responsibilities for the personnel providing assistance to severely wounded or injured servicemembers. “(5) Centralized, short-term and long-term case-management procedures for assistance to severely wounded or injured servicemembers by each military department, including rapid access for severely wounded or injured servicemembers to case managers and counselors. “(6) The provision, through a computer accessible Internet website and other means and at no cost to severely wounded or injured servicemembers, of personalized, integrated information on the benefits and financial assistance available to such members from the Federal Government. “(7) The provision of information to severely wounded or injured servicemembers on mechanisms for registering complaints about, or requests for, additional assistance. “(8) Participation of family members. “(9) Liaison with the Department of Veterans Affairs and the Department of Labor in order to ensure prompt and accurate resolution of issues relating to benefits administered by those agencies for severely wounded or injured servicemembers. “(10) Data collection regarding the incidence and quality of assistance provided to severely wounded or injured servicemembers, including surveys of such servicemembers and military and civilian personnel whose assigned duties include assistance to severely wounded or injured servicemembers. “(c) Adoption by Military Departments.—Not later than September 1, 2006, the Secretary of each military department shall prescribe regulations, or modify current regulations, on the policies and procedures of such military department on the provision of assistance to severely wounded or injured servicemembers in order to conform such policies and procedures to the policy prescribed under subsection (a).”

Quarterly Reports on Department of Defense Response to Threat Posed by Improvised Explosive Devices

Pub. L. 109–364, div. A, title XIV, § 1402, Oct. 17, 2006, 120 Stat. 2433, which required the Secretary of Defense to submit quarterly reports on incidents involving the detonation or discovery of an improvised explosive device that involved United States or allied forces in Iraq and Afghanistan and on certain efforts of the Department of Defense to counter the threat of improvised explosive devices, was repealed by Pub. L. 112–81, div. A, title X, § 1062(d)(5), Dec. 31, 2011, 125 Stat. 1585.

Database of Emergency Response Capabilities

Pub. L. 115–232, div. A, title X, § 1084(b), Aug. 13, 2018, 132 Stat. 1990, provided that: “(1) Deadline for establishment.—The Secretary of Defense shall establish the database required by section 1406 of the John Warner National Defense Authorization Act for Fiscal Year 2007 [section 1406 of Pub. L. 109–364, set out below], as amended by subsection (a), by not later than one year after the date of the enactment of this Act [Aug. 13, 2018]. “(2) Use of existing database or system for certain capabilities.—The Secretary may meet the requirement with respect to the capabilities described in subsection (a)(1) of section 1406 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as so amended, in connection with the database required by that section through the use or modification of current databases and tracking systems of the Department of Defense, including the Defense Readiness Reporting System, if the Secretary determines that such action will—“(A) expedite compliance with the requirement; and “(B) achieve such compliance at a cost not greater than the cost of establishing anew the database otherwise covered by the requirement.”

Pub. L. 109–364, div. A, title XIV, § 1406, Oct. 17, 2006, 120 Stat. 2436, as amended by Pub. L. 115–232, div. A, title X, § 1084(a), Aug. 13, 2018, 132 Stat. 1990, provided that: “(a) Database Required.—The Secretary of Defense shall maintain a database of emergency response capabilities that includes the following:“(1) The types of emergency response capabilities that each State’s National Guard, as reported by the States, may be able to provide in response to a domestic natural or manmade disaster, both to their home States and under State-to-State mutual assistance agreements. “(2) The types of emergency response capabilities that the Department of Defense may be able to provide in support of the National Response Plan’s Emergency Support Functions, and identification of the units that provide these capabilities. “(3) The types of emergency response cyber capabilities that the National Guard of each State and territory may be able to provide in response to domestic or natural man-made disasters, as reported by the States and territories, including—“(A) capabilities that can be provided within the State or territory; “(B) capabilities that can be provided under State-to-State mutual assistance agreements; and “(C) capabilities for defense support to civil authorities. “(4) The types of emergency response cyber capabilities of other reserve components of the Armed Forces identified by the Secretary that are available for defense support to civil authorities in response to domestic or natural man-made disasters. “(b) Information Required To Keep Database Current.—In maintaining the database required by subsection (a), the Secretary shall identify and revise the information required to be reported and included in the database at least once every two years for purposes of keeping the database current.”

Report Regarding Effect on Military Readiness of Undocumented Immigrants Trespassing Upon Operational Ranges

Pub. L. 109–163, div. A, title III, § 354, Jan. 6, 2006, 119 Stat. 3204, provided that: “(a) Report Containing Assessment and Response Plan.—Not later than April 15, 2006, the Secretary of Defense shall submit to Congress a report containing—“(1) an assessment of the impact on military readiness caused by undocumented immigrants whose entry into the United States involves trespassing upon operational ranges of the Department of Defense; and “(2) a plan for the implementation of measures to prevent such trespass. “(b) Preparation and Elements of Assessment.—The assessment required by subsection (a)(1) shall be prepared by the Secretary of Defense. The assessment shall include the following:“(1) A listing of the operational ranges adversely affected by the trespass of undocumented immigrants upon operational ranges. “(2) A description of the types of range activities affected by such trespass. “(3) A determination of the amount of time lost for range activities, and the increased costs incurred, as a result of such trespass. “(4) An evaluation of the nature and extent of such trespass and means of travel. “(5) An evaluation of the factors that contribute to the use by undocumented immigrants of operational ranges as a means to enter the United States. “(6) A description of measures currently in place to prevent such trespass, including the use of barriers to vehicles and persons, military patrols, border patrols, and sensors. “(c) Preparation and Elements of Plan.—The plan required by subsection (a)(2) shall be prepared jointly by the Secretary of Defense and the Secretary of Homeland Security. The plan shall include the following:“(1) The types of measures to be implemented to improve prevention of trespass of undocumented immigrants upon operational ranges, including the specific physical methods, such as barriers and increased patrols or monitoring, to be implemented and any legal or other policy changes recommended by the Secretaries. “(2) The costs of, and timeline for, implementation of the plan. “(d) Implementation Reports.—Not later than September 15, 2006, March 15, 2007, September 15, 2007, and March 15, 2008, the Secretary of Defense shall submit to Congress a report detailing the progress made by the Department of Defense, during the period covered by the report, in implementing measures recommended in the plan required by subsection (a)(2) to prevent undocumented immigrants from trespassing upon operational ranges. Each report shall include the number and types of mitigation measures implemented and the success of such measures in preventing such trespass. “(e) Definitions.—In this section, the terms ‘operational range’ and ‘range activities’ have the meaning given those terms in section 101(e) of title 10, United States Code [now 10 U.S.C. 101(f)].”

Reports by Officers and Senior Enlisted Members of Conviction of Criminal Law

Pub. L. 109–163, div. A, title V, § 554, Jan. 6, 2006, 119 Stat. 3264, directed the Secretary of Defense to prescribe regulations, to go into effect by 180 days after Jan. 6, 2006, that require certain officers and senior enlisted members to report a conviction for a violation of a criminal law of the United States that becomes final after Jan. 6, 2006.

Preservation of Records Pertaining to Radioactive Fallout From Nuclear Weapons Testing

Pub. L. 109–163, div. A, title X, § 1055, Jan. 6, 2006, 119 Stat. 3438, provided that: “(a) Prohibition of Destruction of Certain Records.—The Secretary of Defense may not destroy any official record in the custody or control of the Department of Defense that contains information relating to radioactive fallout from nuclear weapons testing. “(b) Preservation and Publication of Information.—The Secretary of Defense shall identify, preserve, and make available any unclassified information contained in official records referred to in subsection (a).”

Safe Delivery of Mail in Military Mail System

Pub. L. 109–163, div. A, title X, § 1071, Jan. 6, 2006, 119 Stat. 3446, provided that: “(a) Plan for Safe Delivery of Military Mail.—“(1) Plan required.—The Secretary of Defense shall develop and implement a plan to ensure that the mail within the military mail system is safe for delivery. The plan shall provide for the screening of all mail within the military mail system in order to detect the presence of biological, chemical, or radiological weapons, agents, or pathogens or explosive devices before mail within the military mail system is delivered to its intended recipients. “(2) Funding.—The budget justification materials submitted to Congress with the budget of the President for fiscal year 2007 and each fiscal year thereafter shall include a description of the amounts required in such fiscal year to carry out the plan. “(b) Report on Safety of Mail for Delivery.—“(1) Report required.—Not later than 120 days after the date of the enactment of this Act [Jan. 6, 2006], the Secretary shall submit to Congress a report on the safety of mail within the military mail system for delivery. “(2) Elements.—The report shall include the following:“(A) An assessment of any existing deficiencies in the military mail system in ensuring that mail within the military mail system is safe for delivery. “(B) The plan required by subsection (a). “(C) An estimate of the time and resources required to implement the plan. “(D) A description of the delegation within the Department of Defense of responsibility for ensuring that mail within the military mail system is safe for delivery, including responsibility for the development, implementation, and oversight of improvements to the military mail system to ensure that mail within the military mail system is safe for delivery. “(3) Form.—The report shall be submitted in unclassified form, but may include a classified annex. “(c) Mail Within the Military Mail System Defined.—“(1) In general.—In this section, the term ‘mail within the military mail system’ means—“(A) any mail that is posted through the Military Post Offices (including Army Post Offices (APOs) and Fleet Post Offices (FPOs)), Department of Defense mail centers, military Air Mail Terminals, and military Fleet Mail Centers; and “(B) any mail or package posted in the United States that is addressed to an unspecified member of the Armed Forces. “(2) Inclusions and exception.—The term includes any official mail posted by the Department of Defense. The term does not include any mail posted as otherwise described in paragraph (1) that has been screened for safety for delivery by the United States Postal Service before such posting.”

War-Related Reporting Requirements

Pub. L. 109–163, div. A, title XII, § 1221, Jan. 6, 2006, 119 Stat. 3462, as amended by Pub. L. 109–364, div. A, title XV, § 1518, Oct. 17, 2006, 120 Stat. 2443; Pub. L. 111–84, div. A, title XII, § 1233, Oct. 28, 2009, 123 Stat. 2531; Pub. L. 115–91, div. A, title XII, § 1266, Dec. 12, 2017, 131 Stat. 1691, which required the Secretary of Defense to submit to the congressional defense committees a report on procurement and equipment maintenance costs for each of Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle and on facility infrastructure costs associated with each of Operation Iraqi Freedom and Operation Enduring Freedom, was repealed by Pub. L. 119–60, div. A, title XII, § 1272, Dec. 18, 2025, 139 Stat. 1130.

Annual Report on Department of Defense Costs To Carry Out United Nations Resolutions

Pub. L. 109–163, div. A, title XII, § 1224, Jan. 6, 2006, 119 Stat. 3463, which provided that, no later than April 30 of each year, the Secretary of Defense was to submit a report to certain congressional committees on Department of Defense costs during the preceding fiscal year to carry out United Nations resolutions, was repealed by Pub. L. 115–91, div. A, title X, § 1051(k)(3), Dec. 12, 2017, 131 Stat. 1564.

Requirement for Establishment of Certain Criteria Applicable to Global Posture Review

Pub. L. 109–163, div. A, title XII, § 1233, Jan. 6, 2006, 119 Stat. 3469, provided that: “(a) Criteria.—As part of the Integrated Global Presence and Basing Strategy (IGPBS) developed by the Department of Defense that is referred to as the ‘Global Posture Review’, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop criteria for assessing, with respect to each type of facility specified in subsection (c) that is to be located in a foreign country, the following factors:“(1) The effect of any new basing arrangements on the strategic mobility requirements of the Department of Defense. “(2) The ability of units deployed to overseas locations in areas in which United States Armed Forces have not traditionally been deployed to meet mobility response times required by operational planners. “(3) The cost of deploying units to areas referred to in paragraph (2) on a rotational basis (rather than on a permanent basing basis). “(4) The strategic benefit of rotational deployments through countries with which the United States is developing a close or new security relationship. “(5) Whether the relative speed and complexity of conducting negotiations with a particular country is a discriminator in the decision to deploy forces within the country. “(6) The appropriate and available funding mechanisms for the establishment, operation, and sustainment of specific Main Operating Bases, Forward Operating Bases, or Cooperative Security Locations. “(7) The effect on military quality of life of the unaccompanied deployment of units to new facilities in overseas locations. “(8) Other criteria as Secretary of Defense determines appropriate. “(b) Analysis of Alternatives to Basing or Operating Locations.—The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop a mechanism for analyzing alternatives to any particular overseas basing or operating location. Such a mechanism shall incorporate the factors specified in each of paragraphs (1) through (5) of subsection (a). “(c) Minimal Infrastructure Requirements for Overseas Installations.—The Secretary of Defense shall develop a description of minimal infrastructure requirements for each of the following types of facilities:“(1) Facilities categorized as Main Operating Bases. “(2) Facilities categorized as Forward Operating Bases. “(3) Facilities categorized as Cooperative Security Locations. “(d) Notification Required.—Not later than 30 days after an agreement is entered into between the United States and a foreign country to support the deployment of elements of the United States Armed Forces in that country, 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 written notification of such agreement. The notification under this subsection shall include the terms of the agreement, any costs to the United States resulting from the agreement, and a timeline to carry out the terms of the agreement. “(e) Annual Budget Element.—The Secretary of Defense shall submit to Congress, as an element of the annual budget request of the Secretary, information regarding the funding sources for the establishment, operation, and sustainment of individual Main Operating Bases, Forward Operating Bases, or Cooperative Security Locations. “(f) Report.—Not later than March 30, 2006, the Secretary of Defense shall submit to Congress a report on the matters specified in subsections (a) through (c).”

Processing of Forensic Evidence Collection Kits and Acquisition of Sufficient Stocks of Such Kits

Pub. L. 108–375, div. A, title V, § 573, Oct. 28, 2004, 118 Stat. 1921, provided that: “(a) Elimination of Backlog, Etc.—The Secretary of Defense shall take such steps as may be necessary to ensure that—“(1) the United States Army Criminal Investigation Laboratory has the personnel and resources to effectively process forensic evidence used by the Department of Defense within 60 days of receipt by the laboratory of such evidence; “(2) consistent policies are established among the Armed Forces to reduce the time period between the collection of forensic evidence and the receipt and processing of such evidence by United States Army Criminal Investigation Laboratory; and “(3) there is an adequate supply of forensic evidence collection kits—“(A) for all United States military installations, including the military service academies; and “(B) for units of the Armed Forces deployed in theaters of operation. “(b) Training.—The Secretary shall take such measures as the Secretary considers appropriate to ensure that personnel are appropriately trained—“(1) in the use of forensic evidence collection kits; and “(2) in the prescribed procedures to ensure protection of the chain of custody of such kits once used.”

Policy for Timely Notification of Next of Kin of Members Seriously Ill or Injured in Combat Zones

Pub. L. 108–375, div. A, title VII, § 724, Oct. 28, 2004, 118 Stat. 1990, required the Secretary of Defense to prescribe a policy for providing timely notification to the next of kin of seriously ill or injured members in combat zones and to submit to Congress a copy of the policy no later than 120 days after Oct. 28, 2004.

Secretary of Defense Criteria for and Guidance on Identification and Internal Transmission of Critical Information

Pub. L. 108–375, div. A, title IX, § 932, Oct. 28, 2004, 118 Stat. 2031, required the Secretary of Defense, no later than 120 days after Oct. 28, 2004, to establish criteria for determining categories of critical information that should be made known expeditiously to senior civilian and military officials in the Department of Defense.

Program To Commemorate 60th Anniversary of World War II

Pub. L. 108–375, div. A, title X, § 1032, Oct. 28, 2004, 118 Stat. 2045, authorized the Secretary of Defense to conduct a program during fiscal year 2005 to commemorate the 60th anniversary of World War II.

Preservation of Search and Rescue Capabilities of the Federal Government

Pub. L. 108–375, div. A, title X, § 1085, Oct. 28, 2004, 118 Stat. 2065, as amended by Pub. L. 110–181, div. A, title III, § 360(c), Jan. 28, 2008, 122 Stat. 78; Pub. L. 111–383, div. A, title X, § 1075(i)(2), Jan. 7, 2011, 124 Stat. 4378, provided that: “The Secretary of Defense may not reduce or eliminate search and rescue capabilities at any military installation in the United States unless the Secretary, after reviewing the search and rescue capabilities report prepared by the Secretary of the Air Force under section 360(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 77), first certifies to the Committees on Armed Services of the Senate and the House of Representatives that equivalent search and rescue capabilities will be provided, without interruption and consistent with the policies and objectives set forth in the United States National Search and Rescue Plan entered into force on January 1, 1999, by— “(1) the Department of Interior, the Department of Commerce, the Department of Homeland Security, the Department of Transportation, the Federal Communications Commission, or the National Aeronautics and Space Administration; or “(2) the Department of Defense, either directly or through a Department of Defense contract with an emergency medical service provider or other private entity to provide such capabilities.”

Sunken Military Craft

Pub. L. 108–375, div. A, title XIV, Oct. 28, 2004, 118 Stat. 2094, as amended by Pub. L. 117–263, div. A, title X, § 1027, Dec. 23, 2022, 136 Stat. 2767, provided that: “SEC. 1401. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND ASSOCIATED CONTENTS.“Right, title, and interest of the United States in and to any United States sunken military craft—“(1) shall not be extinguished except by an express divestiture of title by the United States; and “(2) shall not be extinguished by the passage of time, regardless of when the sunken military craft sank. “SEC. 1402. PROHIBITIONS.“(a) Unauthorized Activities Directed at Sunken Military Craft.—No person shall engage in or attempt to engage in any activity directed at a sunken military craft that disturbs, removes, or injures any sunken military craft, except—“(1) as authorized by a permit under this title; “(2) as authorized by regulations issued under this title; or “(3) as otherwise authorized by law. “(b) Possession of Sunken Military Craft.—No person may possess, disturb, remove, or injure any sunken military craft in violation of—“(1) this section; or “(2) any prohibition, rule, regulation, ordinance, or permit that applies under any other applicable law. “(c) Limitations on Application.—“(1) Actions by united states.—This section shall not apply to actions taken by, or at the direction of, the United States. “(2) Foreign persons.—This section shall not apply to any action by a person who is not a citizen, national, or resident alien of the United States, except in accordance with—“(A) generally recognized principles of international law; “(B) an agreement between the United States and the foreign country of which the person is a citizen; or “(C) in the case of an individual who is a crew member or other individual on a foreign vessel or foreign aircraft, an agreement between the United States and the flag State of the foreign vessel or aircraft that applies to the individual. “(3) Loan of sunken military craft.—This section does not prohibit the loan of United States sunken military craft in accordance with regulations issued by the Secretary concerned. “SEC. 1403. PERMITS.“(a) In General.—The Secretary concerned may issue a permit authorizing a person to engage in an activity otherwise prohibited by section 1402 with respect to a United States sunken military craft, for archaeological, historical, or educational purposes, in accordance with regulations issued by such Secretary that implement this section. “(b) Consistency With Other Laws.—The Secretary concerned shall require that any activity carried out under a permit issued by such Secretary under this section must be consistent with all requirements and restrictions that apply under any other provision of Federal law. “(c) Consultation.—In carrying out this section (including the issuance after the date of the enactment of this Act [Oct. 28, 2004] of regulations implementing this section), the Secretary concerned shall consult with the head of each Federal agency having authority under Federal law with respect to activities directed at sunken military craft or the locations of such craft. “(d) Application to Foreign Craft.—At the request of any foreign State, the Secretary of the Navy, in consultation with the Secretary of State, may carry out this section (including regulations promulgated pursuant to this section) with respect to any foreign sunken military craft of that foreign State located in United States waters. “SEC. 1404. PENALTIES.“(a) In General.—Any person who violates this title, or any regulation or permit issued under this title, shall be liable to the United States for a civil penalty under this section. “(b) Assessment and Amount.—The Secretary concerned may assess a civil penalty under this section, after notice and an opportunity for a hearing, of not more than $100,000 for each violation. “(c) Continuing Violations.—Each day of a continued violation of this title or a regulation or permit issued under this title shall constitute a separate violation for purposes of this section. “(d) In Rem Liability.—A vessel used to violate this title shall be liable in rem for a penalty under this section for such violation. “(e) Other Relief.—If the Secretary concerned determines that there is an imminent risk of disturbance of, removal of, or injury to any sunken military craft, or that there has been actual disturbance of, removal of, or injury to a sunken military craft, the Attorney General, upon request of the Secretary concerned, may seek such relief as may be necessary to abate such risk or actual disturbance, removal, or injury and to return or restore the sunken military craft. The district courts of the United States shall have jurisdiction in such a case to order such relief as the public interest and the equities of the case may require. “(f) Limitations.—An action to enforce a violation of section 1402 or any regulation or permit issued under this title may not be brought more than 8 years after the date on which—“(1) all facts material to the right of action are known or should have been known by the Secretary concerned; and “(2) the defendant is subject to the jurisdiction of the appropriate district court of the United States or administrative forum. “SEC. 1405. LIABILITY FOR DAMAGES.“(a) In General.—Any person who engages in an activity in violation of section 1402 or any regulation or permit issued under this title that disturbs, removes, or injures any United States sunken military craft shall pay the United States enforcement costs and damages resulting from such disturbance, removal, or injury. “(b) Included Damages.—Damages referred to in subsection (a) may include—“(1) the reasonable costs incurred in storage, restoration, care, maintenance, conservation, and curation of any sunken military craft that is disturbed, removed, or injured in violation of section 1402 or any regulation or permit issued under this title; and “(2) the cost of retrieving, from the site where the sunken military craft was disturbed, removed, or injured, any information of an archaeological, historical, or cultural nature. “SEC. 1406. RELATIONSHIP TO OTHER LAWS.“(a) In General.—Except to the extent that an activity is undertaken as a subterfuge for activities prohibited by this title, nothing in this title is intended to affect—“(1) any activity that is not directed at a sunken military craft; or “(2) the traditional high seas freedoms of navigation, including—“(A) the laying of submarine cables and pipelines; “(B) operation of vessels; “(C) fishing; or “(D) other internationally lawful uses of the sea related to such freedoms. “(b) International Law.—This title and any regulations implementing this title shall be applied in accordance with generally recognized principles of international law and in accordance with the treaties, conventions, and other agreements to which the United States is a party. “(c) Law of Finds.—The law of finds shall not apply to—“(1) any United States sunken military craft, wherever located; or “(2) any foreign sunken military craft located in United States waters. “(d) Law of Salvage.—No salvage rights or awards shall be granted with respect to—“(1) any United States sunken military craft without the express permission of the United States; or “(2) any foreign sunken military craft located in United States waters without the express permission of the relevant foreign state. “(e) Law of Capture or Prize.—Nothing in this title is intended to alter the international law of capture or prize with respect to sunken military craft. “(f) Limitation of Liability.—Nothing in sections 4281 through 4287 and 4289 of the Revised Statutes ([former] 46 U.S.C. App. 181 et seq.) [see chapter 305 of Title 46, Shipping] or section 3 of the Act of February 13, 1893 (chapter 105; 27 Stat. 445; [former] 46 U.S.C. App. 192) [now 46 U.S.C. 30706], shall limit the liability of any person under this section. “(g) Authorities of the Commandant of the Coast Guard.—Nothing in this title is intended to preclude or limit the application of any other law enforcement authorities of the Commandant of the Coast Guard. “(h) Prior Delegations, Authorizations, and Related Regulations.—Nothing in this title shall invalidate any prior delegation, authorization, or related regulation that is consistent with this title. “(i) Criminal Law.—Nothing in this title is intended to prevent the United States from pursuing criminal sanctions for plundering of wrecks, larceny of Government property, or violation of any applicable criminal law. “(j) Withholding of Certain Information.—Pursuant to subparagraphs (A)(ii) and (B) of section 552(b)(3) of title 5[,] United States Code, the Secretary concerned may withhold from public disclosure information and data about the location or related artifacts of a sunken military craft under the jurisdiction of the Secretary, if such disclosure would increase the risk of the unauthorized disturbance of one or more sunken military craft. “SEC. 1407. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN COUNTRIES.“The Secretary of State, in consultation with the Secretary of Defense, is encouraged to negotiate and conclude bilateral and multilateral agreements with foreign countries with regard to sunken military craft consistent with this title. “SEC. 1408. DEFINITIONS.“In this title:“(1) Associated contents.—The term ‘associated contents’ means—“(A) the equipment, cargo, and contents of a sunken military craft that are within its debris field; and “(B) the remains and personal effects of the crew and passengers of a sunken military craft that are within its debris field. “(2) Secretary concerned.—The term ‘Secretary concerned’ means—“(A) subject to subparagraph (B), the Secretary of a military department; and “(B) in the case of a Coast Guard vessel, the Secretary of the Department in which the Coast Guard is operating. “(3) Sunken military craft.—The term ‘sunken military craft’ means all or any portion of—“(A) any sunken warship, naval auxiliary, or other vessel that was owned or operated by a government on military noncommercial service when it sank; “(B) any sunken military aircraft or military spacecraft that was owned or operated by a government when it sank; and “(C) the associated contents of a craft referred to in subparagraph (A) or (B), if title thereto has not been abandoned or transferred by the government concerned. “(4) United states contiguous zone.—The term ‘United States contiguous zone’ means the contiguous zone of the United States under Presidential Proclamation 7219, dated September 2, 1999 [43 U.S.C. 1331 note]. “(5) United states internal waters.—The term ‘United States internal waters’ means all waters of the United States on the landward side of the baseline from which the breadth of the United States territorial sea is measured. “(6) United states territorial sea.—The term ‘United States territorial sea’ means the waters of the United States territorial sea under Presidential Proclamation 5928, dated December 27, 1988 [43 U.S.C. 1331 note]. “(7) United states waters.—The term ‘United States waters’ means United States internal waters, the United States territorial sea, and the United States contiguous zone.”

Reports on Weapons and Ammunition Obtained by Iraq

Pub. L. 108–177, title III, § 358, Dec. 13, 2003, 117 Stat. 2621, directed the Director of the Defense Intelligence Agency, not later than one year after Dec. 13, 2003, to submit preliminary and final reports to committees of Congress on information obtained by the Department of Defense and the intelligence community on the conventional weapons and ammunition obtained by Iraq in violation of applicable resolutions of the United Nations Security Council adopted since the invasion of Kuwait by Iraq in 1990.

Pub. L. 108–136, div. A, title XII, § 1204, Nov. 24, 2003, 117 Stat. 1649, directed the Secretary of Defense, not later than one year after Nov. 24, 2003, to submit to committees of Congress a report on the acquisition by Iraq of weapons of mass destruction and associated delivery systems and the acquisition by Iraq of advanced conventional weapons.

Studies of Fleet Platform Architectures for the Navy

Pub. L. 108–136, div. A, title II, § 216, Nov. 24, 2003, 117 Stat. 1418, directed the Secretary of Defense to provide for the performance of two independent studies of alternative future fleet platform architectures for the Navy and to forward the results of each study to congressional defense committees not later than Jan. 15, 2005.

Report Regarding Impact of Civilian Community Encroachment and Certain Legal Requirements on Military Installations and Ranges and Plan To Address Encroachment

Pub. L. 108–136, div. A, title III, § 320, Nov. 24, 2003, 117 Stat. 1435, required a study on the impact of various civilian and environmental encroachment issues affecting military installations and operational ranges, a plan to respond to any encroachment issues found, and reports from 2004 to 2010 regarding the results of the study and progress being made on the encroachment response plan.

High-Performing Organization Business Process Reengineering Pilot Program

Pub. L. 108–136, div. A, title III, § 337, Nov. 24, 2003, 117 Stat. 1445, established a pilot program designed to create, or continue the implementation of, high-performing organizations through the conduct of a Business Process Reengineering initiative at selected military installations and facilities.

Assessment by Secretary of Defense

Pub. L. 108–136, div. A, title V, § 517(b), Nov. 24, 2003, 117 Stat. 1461, directed the Secretary of Defense to submit to committees of Congress, not later than one year after Nov. 24, 2003, a description of the effects on reserve component recruitment and retention that have resulted from calls and orders to active duty and the tempo of such service, an assessment of the process for calling and ordering reserve members to active duty, preparing such members for active duty, processing such members into the force, and deploying such members, and a description of changes in the Armed Forces envisioned by the Secretary of Defense.

Policy on Public Identification of Casualties

Pub. L. 108–136, div. A, title V, § 546, Nov. 24, 2003, 117 Stat. 1479, directed the Secretary of Defense, no later than 180 days after Nov. 24, 2003, to prescribe a policy on the public release of the names or other personally identifying information of casualties.

Procurement of Defense Biomedical Countermeasures

Pub. L. 108–136, div. A, title XVI, § 1602, Nov. 24, 2003, 117 Stat. 1682, as amended by Pub. L. 110–181, div. A, title X, § 1063(g)(3), Jan. 28, 2008, 122 Stat. 324, provided that: “(a) Determination of Material Threats.—(1) The Secretary of Defense (in this section referred to as the ‘Secretary’) shall on an ongoing basis—“(A) assess current and emerging threats of use of biological, chemical, radiological, and nuclear agents; and “(B) identify, on the basis of such assessment, those agents that present a material risk of use against the Armed Forces. “(2) The Secretary shall on an ongoing basis—“(A) assess the potential consequences to the health of members of the Armed Forces of use against the Armed Forces of the agents identified under paragraph (1)(B); and “(B) identify, on the basis of such assessment, those agents for which countermeasures are necessary to protect the health of members of the Armed Forces. “(b) Assessment of Availability and Appropriateness of Countermeasures.—The Secretary shall on an ongoing basis assess the availability and appropriateness of specific countermeasures to address specific threats identified under subsection (a). “(c) Secretary’s Determination of Countermeasures Appropriate for Procurement.—(1) The Secretary, in accordance with paragraph (2), shall on an ongoing basis identify specific countermeasures that the Secretary determines to be appropriate for procurement for the Department of Defense stockpile of biomedical countermeasures. “(2) The Secretary may not identify a specific countermeasure under paragraph (1) unless the Secretary determines that—“(A) the countermeasure is a qualified countermeasure; and “(B) it is reasonable to expect that producing and delivering, within 5 years, the quantity of that countermeasure required to meet the needs of the Department (as determined by the Secretary) is feasible. “(d) Interagency Cooperation.—(1) Activities of the Secretary under this section shall be carried out in regular, structured, and close consultation and coordination with the Secretaries of Homeland Security and Health and Human Services, including the activities described in subsections (a), (b), and (c) and those activities with respect to interagency agreements described in paragraph (2). “(2) The Secretary may enter into an interagency agreement with the Secretaries of Homeland Security and Health and Human Services to provide for acquisition by the Secretary of Defense for use by the Armed Forces of biomedical countermeasures procured for the Strategic National Stockpile by the Secretary of Health and Human Services. The Secretary may transfer such funds to the Secretary of Health and Human Services as are necessary to carry out such agreements (including administrative costs of the Secretary of Health and Human Services), and the Secretary of Health and Human Services may expend any such transferred funds to procure such countermeasures for use by the Armed Forces, or to replenish the stockpile. The Secretaries are authorized to establish such terms and conditions for such agreements as the Secretaries determine to be in the public interest. The transfer authority provided under this paragraph is in addition to any other transfer authority available to the Secretary. “(e) Definitions.—In this section:“(1) The term ‘qualified countermeasure’ means a biomedical countermeasure—“(A) that is approved under section 505(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262), or that is approved under section 515 or cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e and 360) for use as such a countermeasure to a biological, chemical, radiological, or nuclear agent identified as a material threat under subsection (a); or “(B) with respect to which the Secretary of Health and Human Services makes a determination that sufficient and satisfactory clinical experience or research data (including data, if available, from preclinical and clinical trials) exists to support a reasonable conclusion that the product will qualify for such approval or licensing for use as such a countermeasure. “(2) The term ‘biomedical countermeasure’ means a drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1))), device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h))), or biological product (as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i))) that is—“(A) used to treat, identify, or prevent harm from any biological, chemical, radiological, or nuclear agent that may cause a military health emergency affecting the Armed Forces; or “(B) used to treat, identify, or prevent harm from a condition that may result in adverse health consequences or death and may be caused by administering a drug or biological product that is used as described in subparagraph (A). “(3) The term ‘Strategic National Stockpile’ means the stockpile established under section 121(a) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh–12(a)). “(f) Funding.—Of the amount authorized to be appropriated for the Department of Defense and available within the transfer authority established under section 1001 of this Act [117 Stat. 1582] for fiscal year 2004 and for each fiscal year thereafter, such sums are authorized as may be necessary for the costs incurred by the Secretary in the procurement of countermeasures under this section.”

Plan for Prompt Global Strike Capability

Pub. L. 110–181, div. A, title II, § 243, Jan. 28, 2008, 122 Stat. 51, required submission of a research, development, and testing plan for prompt global strike program objectives for fiscal years 2008 through 2013 and a plan for obligation and expenditure of funds available for prompt global strike for fiscal year 2008.

Pub. L. 108–136, div. A, title X, § 1032, Nov. 24, 2003, 117 Stat. 1605, as amended by Pub. L. 110–181, div. A, title X, § 1043, Jan. 28, 2008, 122 Stat. 311, required establishment of, and annual updates to, an integrated plan for developing, deploying, and sustaining a prompt global strike capability in the Armed Forces and submission of reports on the plan from 2004 to 2009.

Reports on Military Operations and Reconstruction Activities in Iraq and Afghanistan

Pub. L. 109–13, div. A, title I, § 1024(c), May 11, 2005, 119 Stat. 253, provided that: “(1) Each semiannual report to Congress required under a provision of law referred to in paragraph (2) shall include, in addition to the matters specified in the applicable provision of law, the following:“(A) A statement of the cumulative total of all amounts obligated, and of all amounts expended, as of the date of such report for Operation Enduring Freedom. “(B) A statement of the cumulative total of all amounts obligated, and of all amounts expended, as of the date of such report for Operation Iraqi Freedom. “(C) An estimate of the reasonably foreseeable costs for ongoing military operations to be incurred during the 12-month period beginning on the date of such report. “(2) The provisions of law referred to in this paragraph are as follows:“(A) Section 1120 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1219; 10 U.S.C. 113 note). “(B) Section 9010 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1008; 10 U.S.C. 113 note).”

Pub. L. 108–287, title IX, § 9010, Aug. 5, 2004, 118 Stat. 1008, as amended by Pub. L. 108–324, div. B, § 306, Oct. 13, 2004, 118 Stat. 1243, provided that: “(a) Not later than April 30 and October 31 of each year, the Secretary of Defense shall submit to Congress a report on the military operations of the Armed Forces and the reconstruction activities of the Department of Defense in Iraq and Afghanistan. “(b) Each report shall include the following information:“(1) For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities. “(2) An assessment of the progress made toward preventing attacks on United States personnel. “(3) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces. “(4) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces. “(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan. “(6) The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report. “(7) The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12302 of title 10, United States Code. “(8) For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12302 of title 10, United States Code, the following information:“(A) The unit. “(B) The projected date of return of the unit to its home station. “(C) The extent (by percentage) to which the forces deployed within the United States and outside the United States in support of a contingency operation are composed of reserve component forces.”

Pub. L. 108–106, title I, § 1120, Nov. 6, 2003, 117 Stat. 1219, provided that: “(a) Not later than April 30 and October 31 of each year, the Secretary of Defense shall submit to Congress a report on the military operations of the Armed Forces and the reconstruction activities of the Department of Defense in Iraq and Afghanistan. “(b) Each report shall include the following information:“(1) For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities. “(2) An assessment of the progress made toward preventing attacks on United States personnel. “(3) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces. “(4) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces. “(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan. “(6) The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report. “(7) The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12304 of title 10, United States Code. “(8) For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12304 of title 10, United States Code, the following information:“(A) The unit. “(B) The projected date of return of the unit to its home station. “(C) The extent (by percentage) to which the forces deployed within the United States and outside the United States in support of a contingency operation are composed of reserve component forces.”

Uniform Financial Management System for Department of Defense Test and Evaluation Facilities

Pub. L. 107–314, div. A, title II, § 233, Dec. 2, 2002, 116 Stat. 2490, directed the Secretary of Defense to implement a single financial management and accounting system for all test and evaluation facilities of the Department of Defense, with the goal that such system be implemented no later than Sept. 30, 2006.

Training Range Sustainment Plan, Global Status of Resources and Training System, and Training Range Inventory

Pub. L. 107–314, div. A, title III, § 366, Dec. 2, 2002, 116 Stat. 2522, as amended by Pub. L. 109–364, div. A, title III, § 348, Oct. 17, 2006, 120 Stat. 2159; Pub. L. 110–181, div. A, title X, § 1063(c)(2), Jan. 28, 2008, 122 Stat. 322; Pub. L. 111–383, div. A, title X, § 1075(g)(2), Jan. 7, 2011, 124 Stat. 4376; Pub. L. 112–239, div. A, title III, § 311, Jan. 2, 2013, 126 Stat. 1691, provided that: “(a) Plan Required.—(1) The Secretary of Defense shall develop a comprehensive plan for using existing authorities available to the Secretary of Defense and the Secretaries of the military departments to address training constraints caused by limitations on the use of military lands, marine areas, and airspace that are available in the United States and overseas for training of the Armed Forces. “(2) As part of the preparation of the plan, the Secretary of Defense shall conduct the following:“(A) An assessment of current and future training range requirements of the Armed Forces. “(B) An evaluation of the adequacy of current Department of Defense resources (including virtual and constructive training assets as well as military lands, marine areas, and airspace available in the United States and overseas) to meet those current and future training range requirements. “(3) The plan shall include the following:“(A) Proposals to enhance training range capabilities and address any shortfalls in current Department of Defense resources identified pursuant to the assessment and evaluation conducted under paragraph (2). “(B) Goals and milestones for tracking planned actions and measuring progress. “(C) Projected funding requirements for implementing planned actions. “(D) Designation of an office in the Office of the Secretary of Defense and in each of the military departments that will have lead responsibility for overseeing implementation of the plan. “(4) At the same time as the President submits to Congress the budget for fiscal year 2004, the Secretary of Defense shall submit to Congress a report describing the progress made in implementing this subsection, including—“(A) the plan developed under paragraph (1); “(B) the results of the assessment and evaluation conducted under paragraph (2); and “(C) any recommendations that the Secretary may have for legislative or regulatory changes to address training constraints identified pursuant to this section. “(5) At the same time as the President submits to Congress the budget for each fiscal year through fiscal year 2018, the Secretary shall submit to Congress a report describing the progress made in implementing the plan and any additional actions taken, or to be taken, to address training constraints caused by limitations on the use of military lands, marine areas, and airspace. “(b) Readiness Reporting Improvement.—Not later than June 30, 2003, the Secretary of Defense, using existing measures within the authority of the Secretary, shall submit to Congress a report on the plans of the Department of Defense to improve the Global Status of Resources and Training System to reflect the readiness impact that training constraints caused by limitations on the use of military lands, marine areas, and airspace have on specific units of the Armed Forces. “(c) Training Range Inventory.—(1) The Secretary of Defense shall develop and maintain a training range inventory for each of the Armed Forces—“(A) to identify all available operational training ranges; “(B) to identify all training capacities and capabilities available at each training range; and “(C) to identify training constraints caused by limitations on the use of military lands, marine areas, and airspace at each training range. “(2) The Secretary of Defense shall submit an initial inventory to Congress at the same time as the President submits the budget for fiscal year 2004 and shall submit an updated inventory to Congress at the same time as the President submits the budget for each fiscal year through fiscal year 2018. “(d) GAO Evaluation.—The Secretary of Defense shall transmit copies of each report required by subsections (a) and (b) to the Comptroller General. Within 90 days of receiving a report, the Comptroller General shall submit to Congress an evaluation of the report. “(e) Armed Forces Defined.—In this section, the term ‘Armed Forces’ means the Army, Navy, Air Force, and Marine Corps.”

Development and Implementation of Financial Management Enterprise Architecture

Pub. L. 107–314, div. A, title X, § 1004, Dec. 2, 2002, 116 Stat. 2629, which required Secretary of Defense to develop a financial management enterprise architecture for all budgetary, accounting, finance, enterprise resource planning, and mixed information systems of the Department of Defense by May 1, 2003, was repealed by Pub. L. 108–375, div. A, title III, § 332(f), Oct. 28, 2004, 118 Stat. 1856.

Reliability of Department of Defense Financial Statements

Pub. L. 107–107, div. A, title X, § 1008, Dec. 28, 2001, 115 Stat. 1204, as amended by Pub. L. 112–81, div. A, title X, § 1052, Dec. 31, 2011, 125 Stat. 1582; Pub. L. 113–188, title IV, § 401(b), Nov. 26, 2014, 128 Stat. 2019; Pub. L. 115–91, div. A, title X, §§ 1002(h), 1051(i)(2), Dec. 12, 2017, 131 Stat. 1542, 1563, provided that: “[(a), (b) Repealed. Pub. L. 113–188, title IV, § 401(b)(1), Nov. 26, 2014, 128 Stat. 2019.] “(c) Information to Auditors.—Not later than the date that is 180 days prior to the date set by the Office of Management and Budget for the submission of financial statements of each year [sic], the Under Secretary of Defense (Comptroller) and the Assistant Secretary of each military department with responsibility for financial management and comptroller functions shall each provide to the auditors of the financial statement of that official’s department for the fiscal year ending during the preceding month that official’s preliminary management representation, in writing, regarding the expected reliability of the financial statement. The representation shall be consistent with guidance issued by the Director of the Office of Management and Budget and shall include the basis for the reliability assessment stated in the representation. “[(d) to (f) Repealed. Pub. L. 115–91, div. A, title X, § 1002(h), Dec. 12, 2017, 131 Stat. 1542.]”

Annual Report on the Conduct of Military Operations Conducted as Part of Operation Enduring Freedom

Pub. L. 107–314, div. A, title X, § 1043, Dec. 2, 2002, 116 Stat. 2646, required annual reports on the conduct of military operations conducted as part of Operation Enduring Freedom, starting June 15, 2003, and ending no later than 180 days after the date of the cessation of hostilities undertaken as part of Operation Enduring Freedom.

Comprehensive Plan for Improving the Preparedness of Military Installations for Terrorist Incidents

Pub. L. 107–314, div. A, title XIV, § 1402, Dec. 2, 2002, 116 Stat. 2675, directed the Secretary of Defense to develop and submit to Congress a comprehensive plan for improving the preparedness of military installations for preventing and responding to terrorist attacks, directed the Comptroller General to review the plan, and required reports on the plan in 2004, 2005, and 2006.

Policy Concerning Rights of Individuals Whose Names Have Been Entered Into Department of Defense Official Criminal Investigative Reports

[Pub. L. 106–398, § 1 [div. A], title V, § 552], Oct. 30, 2000, 114 Stat. 1654, 1654A–125, provided that: “(a) Policy Requirement.—The Secretary of Defense shall establish a policy creating a uniform process within the Department of Defense that—“(1) affords any individual who, in connection with the investigation of a reported crime, is designated (by name or by any other identifying information) as a suspect in the case in any official investigative report, or in a central index for potential retrieval and analysis by law enforcement organizations, an opportunity to obtain a review of that designation; and “(2) requires the expungement of the name and other identifying information of any such individual from such report or index in any case in which it is determined the entry of such identifying information on that individual was made contrary to Department of Defense requirements. “(b) Effective Date.—The policy required by subsection (a) shall be established not later than 120 days after the date of the enactment of this Act [Oct. 30, 2000].”

Test of Ability of Reserve Component Intelligence Units and Personnel To Meet Current and Emerging Defense Intelligence Needs

[Pub. L. 106–398, § 1 [div. A], title V, § 576], Oct. 30, 2000, 114 Stat. 1654, 1654A–138, directed the Secretary of Defense to conduct a three-year test program to determine the most effective peacetime structure and operational employment of reserve component intelligence assets and to establish a means to coordinate and transition the peacetime intelligence support network into use for meeting wartime needs, and to submit to Congress interim and final reports on such program not later than Dec. 1, 2004.

Study on Civilian Personnel Services

[Pub. L. 106–398, § 1 [div. A], title XI, § 1105], Oct. 30, 2000, 114 Stat. 1654, 1654A–311, directed the Secretary of Defense to conduct a study to assess the manner in which personnel services were provided for civilian personnel in the Department of Defense and to submit a report on such study to committees of Congress not later than Jan. 1, 2002.

Pilot Program for Reengineering Equal Employment Opportunity Complaint Process

[Pub. L. 106–398, § 1 [div. A], title XI, § 1111], Oct. 30, 2000, 114 Stat. 1654, 1654A–312, directed the Secretary of Defense to carry out a three-year pilot program to improve processes for the resolution of equal employment opportunity complaints by civilian employees of the Department of Defense, and directed the Comptroller General to submit to Congress a report on such program not later than 90 days following the end of the first and last full or partial fiscal years during which such program had been implemented.

Work Safety Demonstration Program

[Pub. L. 106–398, § 1 [div. A], title XI, § 1112], Oct. 30, 2000, 114 Stat. 1654, 1654A–313, as amended by Pub. L. 107–314, div. A, title III, § 363, Dec. 2, 2002, 116 Stat. 2520, directed the Secretary of Defense to carry out a defense employees work safety demonstration program under which work safety models used by employers in the private sector would be adopted and any improvement to work safety records would be assessed, directed that such program would terminate on Sept. 30, 2003, and required the Secretary to submit interim and final reports on such program to committees of Congress not later than Dec. 1, 2003.

GAO Study on Benefits and Costs of United States Military Engagement in Europe

[Pub. L. 106–398, § 1 [div. A], title XII, § 1223], Oct. 30, 2000, 114 Stat. 1654, 1654A–328, directed the Comptroller General to conduct a study assessing the benefits and costs to the United States and United States national security interests of the engagement of United States forces in Europe and of United States military strategies used to shape the international security environment in Europe and to submit to committees of Congress a report on the results of such study not later than Dec. 1, 2001.

Establishment of Logistics Standards for Sustained Military Operations

Pub. L. 106–65, div. A, title III, § 366, Oct. 5, 1999, 113 Stat. 578, as amended by Pub. L. 115–91, div. A, title X, § 1051(h), Dec. 12, 2017, 131 Stat. 1563, provided that: “(a) Establishment of Standards.—The Secretary of each military department shall establish, for deployable units of each of the Armed Forces under the jurisdiction of the Secretary, standards regarding—“(1) the level of spare parts that the units must have on hand; and “(2) similar logistics and sustainment needs of the units. “(b) Basis for Standards.—The standards to be established for a unit under subsection (a) shall be based upon the following:“(1) The unit’s wartime mission, as reflected in the war-fighting plans of the relevant combatant commanders. “(2) An assessment of the likely requirement for sustained operations under each such war-fighting plan. “(3) An assessment of the likely requirement for that unit to conduct sustained operations in an austere environment, while drawing exclusively on its own internal logistics capabilities. “(c) Sufficiency Capabilities.—The standards to be established by the Secretary of a military department under subsection (a) shall reflect those spare parts and similar logistics capabilities that the Secretary considers sufficient for the units of each of the Armed Forces under the Secretary’s jurisdiction to successfully execute their missions under the conditions described in subsection (b). “(d) Relation to Readiness Reporting System.—The standards established under subsection (a) shall be taken into account in designing the comprehensive readiness reporting system for the Department of Defense required by section 117 of title 10, United States Code, and shall be an element in determining a unit’s readiness status. “(e) Relation to Annual Funding Needs.—The Secretary of Defense shall consider the standards established under subsection (a) in establishing the annual funding requirements for the Department of Defense.”

Use of Smart Card Technology in the Department of Defense

Pub. L. 106–65, div. A, title III, § 373(a)–(g), Oct. 5, 1999, 113 Stat. 580, 581, designated the Navy as the lead agency for the development and implementation of a Smart Card program for the Department of Defense, required the Army and Air Force to establish project offices and cooperate with the Navy to develop implementation plans for using Smart Card technology, established a senior coordinating group, and provided for allocation of certain funds for the Navy to implement Smart Card technology.

Secretary of Defense Review of Army Technician Costing Process

Pub. L. 106–65, div. A, title V, § 526, Oct. 5, 1999, 113 Stat. 600, required Secretary of Defense to review process used by the Army to develop estimates of annual authorizations and appropriations required for civilian personnel of Department of the Army generally and for National Guard and Army Reserve technicians in particular and to report on results of review to the Committees on Armed Services of the Senate and House of Representatives not later than Mar. 31, 2000.

Survey of Members Leaving Military Service on Attitudes Toward Military Service

Pub. L. 106–65, div. A, title V, § 581, Oct. 5, 1999, 113 Stat. 633, directed the Secretary of Defense to develop and implement a survey on attitudes toward military service to be completed by all members of the Armed Forces who had been voluntarily discharged or separated or transferred from a regular to a reserve component between Jan. 1, 2000, and June 30, 2000, and to submit a report to Congress on the results of such survey not later than Oct. 1, 2000.

Annual Report on United States Military Activities in Colombia

Pub. L. 106–65, div. A, title X, § 1025, Oct. 5, 1999, 113 Stat. 748, which required the Secretary of Defense to submit an annual report regarding the deployments and assignments of the United States Armed Forces in Colombia, was repealed by Pub. L. 112–81, div. A, title X, § 1062(j)(2), Dec. 31, 2011, 125 Stat. 1585.

Report on NATO Defense Capabilities Initiative

Pub. L. 106–65, div. A, title X, § 1039, Oct. 5, 1999, 113 Stat. 756, as amended by Pub. L. 108–136, div. A, title X, § 1031(h)(3), Nov. 24, 2003, 117 Stat. 1605, provided findings of Congress relating to the Defense Capabilities Initiative.

Commemoration of the Victory of Freedom in the Cold War

Pub. L. 106–65, div. A, title X, § 1053, Oct. 5, 1999, 113 Stat. 764, as amended by Pub. L. 107–107, div. A, title X, § 1048(g)(7), Dec. 28, 2001, 115 Stat. 1228, established a commission to review and make recommendations regarding the celebration of victory in the Cold War, directed the President to transmit to Congress a report on the content of a Presidential proclamation and a plan for appropriate ceremonies and activities, and authorized funds.

Annual Report on Military and Security Developments Involving the People’s Republic of China

Pub. L. 118–50, div. G, § 2, Apr. 24, 2024, 138 Stat. 954, provided that: “(a) In General.—As part of each annual report submitted under section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) (commonly referred to as the ‘China Military Power report’), the Secretary of Defense and Secretary of State, in consultation with the heads of such other Federal departments and agencies as the Secretary of Defense and Secretary of State may determine appropriate, shall include a component on emerging technological developments involving the People’s Republic of China. “(b) Matters.—Each report component referred to in subsection (a) shall include an identification and assessment of at least five fields of critical or emerging technologies in which the People’s Liberation Army is invested, or for which there are Military-Civil Fusion Development Strategy programs of the People’s Republic of China, including the following:“(1) A brief summary of each such identified field and its relevance to the military power and national security of the People’s Republic of China. “(2) The implications for the national security of the United States as a result of the leadership or dominance by the People’s Republic of China in each such identified field and associated supply chains. “(3) The identification of at least 10 entities domiciled in, controlled by, or directed by the People’s Republic of China (including any subsidiaries of such entity), involved in each such identified field, and an assessment of, with respect to each such entity, the following:“(A) Whether the entity has procured components from any known United States suppliers. “(B) Whether any United States technology imported by the entity is controlled under United States regulations. “(C) Whether United States capital is invested in the entity, either through known direct investment or passive investment flows. “(D) Whether the entity has any connection to the People’s Liberation Army, the Military-Civil Fusion program of the People’s Republic of China, or any other state-sponsored initiatives of the People’s Republic of China to support the development of national champions. “(c) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—“(1) the Committee on Foreign Affairs of the House of Representatives; “(2) the Committee on Armed Services of the House of Representatives; “(3) the Committee on Foreign Relations of the Senate; and “(4) the Committee on Armed Services of the Senate.”