Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "10 U.S.C. § 112"
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---
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# 10 U.S.C. § 112 - Department of Defense: seal
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## Text
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The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal.
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(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 517, § 132; renumbered § 112 and amended Pub. L. 99–433, title I, §§ 101(a)(2), 110(d)(1), Oct. 1, 1986, 100 Stat. 994, 1002.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1325:171a(e).July 26, 1947, ch. 343, § 202(e); added Aug. 10, 1949, ch. 412, § 5 (10th par.), 63 Stat. 580.
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Editorial Notes
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Amendments1986—Pub. L. 99–433 renumbered section 132 of this title as this section and substituted “Department of Defense: seal” for “Seal” in section catchline.
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---
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type: "LegalText"
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title: "10 U.S.C. § 113a"
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description: "Transmission of annual defense authorization request"
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---
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# 10 U.S.C. § 113a - Transmission of annual defense authorization request
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## Text
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(a) Time for Transmittal.— The Secretary of Defense shall transmit to Congress the annual defense authorization request for a fiscal year during the first 30 days after the date on which the President transmits to Congress the budget for that fiscal year pursuant to section 1105 of title 31.
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(b) Defense Authorization Request Defined.— In this section, the term “defense authorization request”, with respect to a fiscal year, means a legislative proposal submitted to Congress for the enactment of the following:
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(1) Authorizations of appropriations for that fiscal year, as required by section 114 of this title.
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(2) Personnel strengths for that fiscal year, as required by section 115 of this title.
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(3) Authority to carry out military construction projects, as required by section 2802 of this title.
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(4) Any other matter that is proposed by the Secretary of Defense to be enacted as part of the annual defense authorization bill for that fiscal year.
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(Added Pub. L. 107–314, div. A, title X, § 1061(a), Dec. 2, 2002, 116 Stat. 2649; amended Pub. L. 108–136, div. A, title X, § 1044(a), Nov. 24, 2003, 117 Stat. 1612.)
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## Notes
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Editorial Notes
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Amendments2003—Subsec. (b)(3), (4). Pub. L. 108–136 added par. (3) and redesignated former par. (3) as (4).
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---
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# 10 U.S.C. § 114a - Renumbered § 221]
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title: "10 U.S.C. § 115b"
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description: "Repealed. Pub. L. 114–328, div. A, title XI, § 1102(a), Dec. 23, 2016, 130 Stat. 2444]"
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---
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# 10 U.S.C. § 115b - Repealed. Pub. L. 114–328, div. A, title XI, § 1102(a), Dec. 23, 2016, 130 Stat. 2444]
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## Notes
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Section, added Pub. L. 111–84, div. A, title XI, § 1108(a)(1), Oct. 28, 2009, 123 Stat. 2488; amended Pub. L. 112–81, div. A, title IX, § 935(a)(1), (b), (c), title X, § 1053, Dec. 31, 2011, 125 Stat. 1545, 1582; Pub. L. 113–291, div. A, title IX, § 911, Dec. 19, 2014, 128 Stat. 3472; Pub. L. 114–92, div. A, title VIII, § 841(b), Nov. 25, 2015, 129 Stat. 914, required Secretary of Defense to submit biennial strategic workforce plan.
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A prior section 115b was renumbered section 10541 of this title.
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---
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title: "10 U.S.C. § 116"
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---
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# 10 U.S.C. § 116 - Annual operations and maintenance report
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## Text
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(a) (1) The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, with respect to the operations and maintenance of the Army, Navy, Air Force, Marine Corps, and Space Force for the next fiscal year. The Secretary shall include in each such report recommendations for—
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(A) the number of aircraft flying hours for the Army, Navy, Air Force, and Marine Corps for the next fiscal year, the number of ship steaming hours for the Navy for the next fiscal year, and the number of field training days for the combat arms battalions of the Army and Marine Corps for the next fiscal year;
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(B) the number of ships over 3,000 tons (full load displacement) in each Navy ship classification on which major repair work should be performed during the next fiscal year; and
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(C) the number of airframe reworks, aircraft engine reworks, and vehicle overhauls which should be performed by the Army, Navy, Air Force, and Marine Corps during the next fiscal year.
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(2) The Secretary shall also include in each such report the justification for and an explanation of the level of funding recommended in the Budget of the President for the next fiscal year for aircraft flying hours, ship steaming hours, field training days for the combat arms battalions, major repair work to be performed on ships of the Navy, airframe reworks, aircraft engine reworks, and vehicle overhauls.
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(b) The Secretary may submit the report required by subsection (a) by including the materials required in the report as an exhibit to the defense authorization request submitted pursuant to section 113a of this title in the fiscal year concerned.
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(c) In this section:
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(1) The term “combat arms battalions” means armor, infantry, mechanized infantry, air assault infantry, airborne infantry, ranger, artillery, and combat engineer battalions and armored cavalry and air cavalry squadrons.
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(2) The term “major repair work” means, in the case of any ship to which subsection (a) is applicable, any overhaul, modification, alteration, or conversion work which will result in a total cost to the United States of more than $10,000,000.
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(Added Pub. L. 96–342, title X, § 1001(b)(3), (c)(2), Sept. 8, 1980, 94 Stat. 1118, 1119, § 138(e), (f)(2); amended Pub. L. 96–513, title V, § 511(4)(B), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 97–86, title III, § 302, Dec. 1, 1981, 95 Stat. 1104; renumbered § 116 and amended Pub. L. 99–433, title I, §§ 101(a)(2), 110(b)(6), (7), (9), (10), Oct. 1, 1986, 100 Stat. 994, 1002; Pub. L. 105–85, div. A, title X, § 1073(a)(3), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 112–81, div. A, title X, § 1064(2), Dec. 31, 2011, 125 Stat. 1586; Pub. L. 116–283, div. A, title IX, § 924(b)(1)(A), Jan. 1, 2021, 134 Stat. 3820.)
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## Notes
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Editorial Notes
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Amendments2021—Subsec. (a)(1). Pub. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps” in introductory provisions. 2011—Subsecs. (b), (c). Pub. L. 112–81 added subsec. (b) and redesignated former subsec. (b) as (c). 1997—Subsec. (b)(2). Pub. L. 105–85 substituted “subsection (a)” for “such subsection”. 1986—Pub. L. 99–433 successively redesignated subsecs. (e) and (f)(2) of section 138 of this title as subsecs. (e) and (f)(2) of section 114 of this title and then as subsecs. (a) and (b), respectively, of this section, added section catchline, and made minor conforming changes in text. 1981—Subsec. (a)(3), (4), formerly § 138(e)(3), (4). Pub. L. 97–86 struck out pars. (3) and (4) which required the Secretary to include in each report a projection of the combat readiness of specified military units proposed to be maintained during the next fiscal year. 1980—Subsec. (b), formerly § 138(f)(2). Pub. L. 96–513 substituted “In subsection (e)” for “In subsection (f)”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513.
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Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in this section requiring submittal of reports to Congress, see section 1051(x) of Pub. L. 115–91, set out as a note under section 111 of this title.
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---
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---
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# 10 U.S.C. § 118 - Materiel readiness metrics and materiel readiness objectives for major weapon systems
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## Text
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(a) Materiel Readiness Metrics.— Each head of an element of the Department specified in paragraphs (1) through (10) of section 111(b) of this title shall establish and maintain materiel readiness metrics to enable assessment of the readiness of members of the armed forces to carry out—
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(1) the strategic framework required by section 113(g)(1)(B)(vii) 11 See References in Text note below. of this title; and
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(2) guidance issued by the Secretary of Defense pursuant to section 113(g)(1)(B) of this title.
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(b) Required Metrics.— At a minimum, the materiel readiness metrics required by subsection (a) shall establish procedures and a computation methodology to determine the materiel availability, operational availability, operational capability, and materiel reliability of each major weapon system by designated mission, design series, variant, or class.
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(c) Materiel Readiness Objectives.— (1) Not later than one year after the date of the enactment of this subsection, each head of an element described in subsection (a) shall establish materiel readiness objectives for each major weapon system.
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(2) Annually, each head of an element described in subsection (a) shall review and revise such materiel readiness objectives and include any such revisions in the materials submitted to Congress in support of the budget of the President under section 1105 of title 31.
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(d) Budget Justification.— Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report on major weapons systems sustainment for the period covered by the future years defense program specified by section 221 of this title. Such report shall include—
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(1) an assessment of the materiel availability, operational availability, and materiel reliability for each major weapon system; and
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(2) a detailed explanation of any factors that could preclude the Department of Defense or any of the military departments from meeting applicable materiel readiness objectives, such as infrastructure, workforce, or supply chain considerations.
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(e) Funding Estimates.— Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fiscal year, the Director of Cost Assessment and Performance Evaluation shall submit to the congressional defense committees a comprehensive estimate of the funds necessary to meet the materiel readiness objectives required by subsection (c) through the period covered by the most recent future-years defense program. At a minimum, the Director shall provide, for each major weapon system, by designated mission, design series, variant, or class, a comprehensive estimate of the funds necessary to meet such objectives that—
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(1) have been obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year;
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(2) the Director estimates will have been obligated by subactivity group within the operation and maintenance accounts by the end of the fiscal year preceding the budget year; and
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(3) have been budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group.
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(f) Definitions.— In this section:
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(1) The term “major weapon system” has the meaning given in section 101(a) of this title.
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(2) The term “materiel availability” means a measure of the percentage of the total inventory of a major weapon system that is operationally capable of performing an assigned mission.
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(3) The term “materiel readiness objective” means the minimum required availability of each covered system that is necessary to fulfill the requirements of the strategic framework and guidance referred to in subsection (a).
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(4) The term “materiel reliability” means the probability that a major weapon system will perform without failure over a specified interval.
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(5) The term “operational availability” means a measure of the percentage of time a major weapon system is operationally capable.
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(6) The term “operationally capable” means a materiel condition indicating that a major weapon system is capable of performing its assigned mission and has no discrepancies with a subsystem of a major weapon system.
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|
||||
(Added Pub. L. 116–92, div. A, title III, § 351(a)(1), Dec. 20, 2019, 133 Stat. 1319; amended Pub. L. 116–283, div. A, title III, § 347(a), title X, § 1081(a)(6), title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 3540, 3871, 4294; Pub. L. 117–263, div. A, title III, § 351(a), Dec. 23, 2022, 136 Stat. 2532; Pub. L. 119–60, div. A, title VIII, § 811(c)(2)(A), title XVIII, § 1803(d), Dec. 18, 2025, 139 Stat. 950, 1233.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 113(g)(1)(B)(vii) of this title, referred to in subsec. (a)(1), was repealed and section 113(g)(1)(B)(viii) was redesignated as section 113(g)(1)(B)(vii) by Pub. L. 119–60, div. A, title IX, § 901(a)(2), Dec. 18, 2025, 139 Stat. 1007. Section 113(g)(1)(B)(vii), as so redesignated, relates to a strategic framework prescribed by the Secretary of Defense that guides how the Department of Defense will prioritize and integrate certain activities. The date of the enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 116–283, which was approved Jan. 1, 2021.
|
||||
|
||||
Prior ProvisionsA prior section 118, added Pub. L. 106–65, div. A, title IX, § 901(a)(1), Oct. 5, 1999, 113 Stat. 715; amended Pub. L. 107–107, div. A, title IX, § 921(a), Dec. 28, 2001, 115 Stat. 1198; Pub. L. 107–314, div. A, title IX, §§ 922, 923, Dec. 2, 2002, 116 Stat. 2623; Pub. L. 109–364, div. A, title X, § 1031(c)–(f), Oct. 17, 2006, 120 Stat. 2385, 2386; Pub. L. 110–181, div. A, title IX, §§ 941(b), 951(a), Jan. 28, 2008, 122 Stat. 287, 290; Pub. L. 111–84, div. A, title X, §§ 1002, 1073(a)(2), div. B, title XXVIII, § 2822(b), Oct. 28, 2009, 123 Stat. 2439, 2472, 2666; Pub. L. 111–383, div. A, title X, § 1071, Jan. 7, 2011, 124 Stat. 4364; Pub. L. 112–81, div. A, title VIII, § 820(a), title IX, § 942, Dec. 31, 2011, 125 Stat. 1501, 1548; Pub. L. 113–291, div. A, title X, §§ 1071(c)(2), (f)(1), 1072(a)(1), Dec. 19, 2014, 128 Stat. 3508, 3510, 3512, related to quadrennial defense strategy review by Secretary of Defense, prior to repeal by Pub. L. 114–328, div. A, title IX, § 941(b)(1), Dec. 23, 2016, 130 Stat. 2367. Another prior section 118, added Pub. L. 97–295, § 1(2)(A), Oct. 12, 1982, 96 Stat. 1288, § 133b; renumbered § 118, Pub. L. 99–433, title I, § 101(a)(2), Oct. 1, 1986, 100 Stat. 994, required reports to Congress on sales or transfers of defense articles, prior to repeal by Pub. L. 101–510, div. A, title XIII, § 1301(2), Nov. 5, 1990, 104 Stat. 1668.
|
||||
|
||||
Amendments2025—Pub. L. 119–60, § 1803(d)(1), inserted “materiel readiness” before “objectives” in section catchline. Subsec. (b). Pub. L. 119–60, § 1803(d)(2), substituted “shall establish procedures and a computation methodology to determine” for “shall address”. Subsec. (c)(1). Pub. L. 119–60, § 1803(d)(3)(A), substituted “materiel readiness objectives for each major weapon system.” for “the metrics required by subsection (b) necessary to support the strategic framework and guidance referred to in paragraph (1) and (2) of subsection (a).” Subsec. (c)(2). Pub. L. 119–60, § 1803(d)(3)(B), substituted “such materiel readiness objectives” for “the metrics required by subsection (b)”. Subsec. (d)(2). Pub. L. 119–60, § 1803(d)(4), substituted “materiel readiness objectives” for “readiness goals or objectives”. Subsec. (e). Pub. L. 119–60, § 1803(d)(5), inserted comma after “designated mission” in introductory provisions. Subsec. (f)(1). Pub. L. 119–60, § 811(c)(2)(A), substituted “section 101(a)” for “section 3455(f)”. Subsec. (f)(3) to (6). Pub. L. 119–60, § 1803(d)(6), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively. 2022—Subsec. (d)(2). Pub. L. 117–263, § 351(a)(1), substituted “objectives, such as infrastructure, workforce, or supply chain considerations” for “objectives”. Subsecs. (e), (f). Pub. L. 117–263, § 351(a)(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f). 2021—Pub. L. 116–283, § 347(a)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Annual report on major weapons systems sustainment”. Subsecs. (a) to (c). Pub. L. 116–283, § 347(a)(3), added subsecs. (a) to (c). Subsec. (d). Pub. L. 116–283, § 347(a)(2), designated existing provisions as subsec. (d) and inserted heading. Subsec. (d)(1). Pub. L. 116–283, § 347(a)(4)(A), substituted “operational availability, and materiel reliability for each major weapon system” for “materiel reliability, and mean down time metrics for each major weapons system” and inserted “and” at end. Subsec. (d)(3). Pub. L. 116–283, § 1081(a)(6), which directed inserting “and” after “ ‘materiel and operational capability’,”, could not be executed because of the prior amendment by section 347(a)(4)(C) of Pub. L. 116–283. See below. Pub. L. 116–283, § 347(a)(4)(C), struck out par. (3). Text read as follows: “an assessment of the validity and effectiveness of the definitions used to determine defense readiness, including the terms ‘major weapons system’, ‘covered asset’, ‘total and required inventory’, ‘materiel and operational availability’, ‘materiel and operational capability’, ‘materiel and operational reliability’ ”. Subsec. (e). Pub. L. 116–283, § 347(a)(5), added subsec. (e). Subsec. (e)(1). Pub. L. 116–283, § 1883(b)(2), substituted “section 3455” for “section 2379”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Phased ImplementationPub. L. 117–263, div. A, title III, § 351(b), Dec. 23, 2022, 136 Stat. 2533, provided that: “The Director of Cost Assessment and Performance Evaluation may meet the requirements of subsection (e) of section 118 of title 10, United States Code, as added by subsection (a), through a phased submission of the funding estimates required under such subsection. In conducting a phased implementation, the Director shall ensure that— “(1) for the budget request for fiscal year 2024, funding estimates are provided for a representative sample by military department of at least one-third of the major weapon systems; “(2) for the budget request for fiscal year 2025, funding estimates are provided for an additional one-third of the major weapon systems; and “(3) full implementation for all major weapons systems is completed not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for fiscal year 2026.”
|
||||
@@ -0,0 +1,99 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 118a"
|
||||
description: "Quadrennial quality of life review"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 118a - Quadrennial quality of life review
|
||||
|
||||
## Text
|
||||
|
||||
(a) Review Required.— (1) The Secretary of Defense shall every four years conduct a comprehensive examination of the quality of life of the members of the armed forces (to be known as the “quadrennial quality of life review”). The review shall include examination of the programs, projects, and activities of the Department of Defense, including the morale, welfare, and recreation activities.
|
||||
|
||||
(2) The quadrennial quality of life review shall be designed to result in determinations, and to foster policies and actions, that reflect the priority given the quality of life of members of the armed forces as a primary concern of the Department of Defense leadership.
|
||||
|
||||
(b) Conduct of Review.— Each quadrennial quality of life review shall be conducted so as—
|
||||
|
||||
(1) to assess quality of life priorities and issues consistent with the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043);
|
||||
|
||||
(2) to identify actions that are needed in order to provide members of the armed forces with the quality of life reasonably necessary to encourage the successful execution of the full range of missions that the members are called on to perform under the national security strategy; and
|
||||
|
||||
(3) to identify other actions that have the potential for improving the quality of life of the members of the armed forces.
|
||||
|
||||
(c) Considerations.— The Secretary shall consider addressing the following matters as part of the quadrennial quality of life review:
|
||||
|
||||
(1) Infrastructure.
|
||||
|
||||
(2) Military construction.
|
||||
|
||||
(3) Physical conditions at military installations and other Department of Defense facilities.
|
||||
|
||||
(4) Budget plans.
|
||||
|
||||
(5) Adequacy of medical care for members of the armed forces and their dependents.
|
||||
|
||||
(6) Adequacy of housing and the basic allowance for housing and basic allowance for subsistence.
|
||||
|
||||
(7) Housing-related utility costs.
|
||||
|
||||
(8) Educational opportunities and costs.
|
||||
|
||||
(9) Length of deployments.
|
||||
|
||||
(10) Rates of pay and pay differentials between the pay of members and the pay of civilians.
|
||||
|
||||
(11) Retention and recruiting efforts.
|
||||
|
||||
(12) Workplace safety.
|
||||
|
||||
(13) Support services for spouses and children.
|
||||
|
||||
(14) Other elements of Department of Defense programs and Government policies and programs that affect the quality of life of members.
|
||||
|
||||
(15) Support services for Gold Star families.
|
||||
|
||||
(d) Submission to Congressional Committees.— (1) The Secretary shall submit a report on each quadrennial quality of life review to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The report shall include the following:
|
||||
|
||||
(A) The assumptions used in the review.
|
||||
|
||||
(B) The results of the review, including a comprehensive discussion of how the quality of life of members of the armed forces affects the national security strategy of the United States.
|
||||
|
||||
(2) The report shall be submitted in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105(a) of title 31.
|
||||
|
||||
(Added Pub. L. 107–314, div. A, title V, § 581(a)(1), Dec. 2, 2002, 116 Stat. 2559; amended Pub. L. 113–291, div. A, title X, § 1071(c)(2), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 117–81, div. A, title X, § 1061(a)(1), (b), Dec. 27, 2021, 135 Stat. 1909.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Another section 118a was renumbered section 118b of this title.
|
||||
|
||||
Amendments2021—Pub. L. 117–81, § 1061(a)(1), which directed renumbering of the “second section 118a” of this title, relating to quadrennial quality of life review, as section 118b of this title could not be executed because there was no second section 118a of this title after the renumbering of another section 118a of this title, relating to National Defense Sustainment and Logistics Review, as section 118b by Pub. L. 117–81, § 311(b)(1)(B), (C). See 2021 Amendment note set out under section 118b of this title. Subsec. (c)(15). Pub. L. 117–81, § 1061(b), which directed the addition of par. (15) to subsec. (c) of section 118b of this title, as redesignated by Pub. L. 117–81, § 1061(a)(1), was executed by adding par. (15) to subsec. (c) of this section to reflect the probable intent of Congress. See above. 2014—Subsec. (b)(1). Pub. L. 113–291 substituted “(50 U.S.C. 3043)” for “(50 U.S.C. 404a)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (d) of this section requiring submittal of report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
|
||||
|
||||
First Quadrennial Quality of Life ReviewPub. L. 107–314, div. A, title V, § 581(b), Dec. 2, 2002, 116 Stat. 2561, directed that the first quadrennial quality of life review under this section would be conducted during 2003, and that the report on such review was to be submitted not later than the date on which the President submitted the budget for fiscal year 2005 to Congress.
|
||||
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|
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 118b - National Defense Sustainment and Logistics Review
|
||||
|
||||
## Text
|
||||
|
||||
(a) Review Required.— Upon submission of each national defense strategy under section 113(g) of this title, the Secretary of Defense shall conduct a comprehensive review of the sustainment and logistics requirements necessary to support the force structure, force modernization, infrastructure, force deployment capabilities, response to risks to military installation resilience, and other elements of the defense program and policies of the United States during the subsequent 5-, 10-, and 25-year periods. Each such review shall be known as the ‘National Defense Sustainment and Logistics Review’. Each such review shall be conducted in consultation with the Secretaries of the military departments, the Chiefs of Staff of the Armed Forces, all functional and geographic combatant commanders, and the Director of the Defense Logistics Agency.
|
||||
|
||||
(b) Report to Congress.— (1) Not later than the first Monday in February of the year following the fiscal year during which the National Defense Strategy was submitted under section 113(g) of this title, the Secretary shall submit to the congressional defense committees a report on the review required by subsection (a). Each such report shall include each of the following:
|
||||
|
||||
(A) An assessment of the strategic, operational, and tactical maritime logistics force (including non-military assets provided by Military Sealift Command, the Maritime Administration, and through the Voluntary Intermodal Sealift Agreement and Voluntary Tanker Agreement) required to support sealift, at sea logistics, and over-the-shore logistics of forces to meet steady state and contingency requirements and the strategic and intra-theater movement of supplies, personnel, and equipment.
|
||||
|
||||
(B) An assessment of the strategic, operational, and tactical airlift and tankers (including non-military assets provided by the Civil Reserve Air Fleet) required to meet steady state and contingency requirements.
|
||||
|
||||
(C) An assessment of the location, configuration, material condition, and inventory of prepositioned materiel, equipment, and war reserves programs, as well as the ability to store and distribute these items to deployed military forces, required to meet steady state and contingency requirements.
|
||||
|
||||
(D) An assessment of the location, infrastructure, and storage capacity for petroleum, oil, and lubricant products, as well as the ability to store, transport, and distribute such products from storage supply points to deployed military forces, required to meet steady state and contingency requirements.
|
||||
|
||||
(E) An assessment of the capabilities, capacity, and infrastructure of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge software and depot maintenance requirements.
|
||||
|
||||
(F) An assessment of the production capability, capacity, and infrastructure, of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge production requirements for ammunition and other military munitions.
|
||||
|
||||
(G) An assessment of the condition, capacity, location, and survivability under likely threats of military infrastructure located both inside the continental United States and outside the continental United States, including agreements with and infrastructure provided by international partners, required to generate, project, and sustain military forces to meet steady-state and contingency requirements.
|
||||
|
||||
(H) An assessment of the cybersecurity risks to military and commercial logistics networks and information technology systems.
|
||||
|
||||
(I) An assessment of the gaps between the requirements identified under subparagraphs (A) through (H) compared to the actual force structure and infrastructure capabilities, capacity, and posture and the risks associated with each gap as it relates to the ability to meet the national defense strategy.
|
||||
|
||||
(J) A discussion of the identified mitigations being pursued to address each gap and risk identified under subparagraph (I) as well as the initiatives and resources planned to address such gaps, as included in the Department of Defense budget request submitted during the same year as the report and the applicable future-years defense program.
|
||||
|
||||
(K) An assessment of the extent to which wargames incorporate logistics capabilities and threats and a description of the logistics constraints and restraints to operations identified through such wargames.
|
||||
|
||||
(L) An assessment of the ability of the Department of Defense, the Armed Forces, and the combatant commands to leverage and integrate emergent logistics related technologies and advanced computing systems.
|
||||
|
||||
(M) Such other matters the Secretary of Defense considers appropriate.
|
||||
|
||||
(2) In preparing the report under paragraph (1), the Secretary of Defense shall consult with, and consider the recommendations of, the Chairman of the Joint Chiefs of Staff.
|
||||
|
||||
(3) The report required under this subsection shall be submitted in classified form and shall include an unclassified summary.
|
||||
|
||||
(c) Comptroller General Review.— Not later than 180 days after the date on which Secretary submits each report required under subsection (b), the Comptroller General shall submit to the congressional defense committees a report that includes an assessment of each of the following:
|
||||
|
||||
(1) Whether the report includes each of the elements referred to in subsection (b).
|
||||
|
||||
(2) The strengths and weaknesses of the approach and methodology used in conducting the review required under subsection (a) that is covered by the report.
|
||||
|
||||
(3) Any other matters relating to sustainment that may arise from the report, as the Comptroller General considers appropriate.
|
||||
|
||||
(d) Relationship to Budget.— Nothing in this section shall be construed to affect section 1105(a) of title 31.
|
||||
|
||||
(Added Pub. L. 116–283, div. A, title III, § 341(a), Jan. 1, 2021, 134 Stat. 3535, § 118a; renumbered § 118b and amended Pub. L. 117–81, div. A, title III, § 311(b)(1), title X, § 1081(a)(3), Dec. 27, 2021, 135 Stat. 1625, 1919.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 118b, added Pub. L. 110–181, div. A, title IX, § 941(a), Jan. 28, 2008, 122 Stat. 286, related to quadrennial roles and missions review, prior to repeal by Pub. L. 113–291, div. A, title X, § 1072(b)(1), Dec. 19, 2014, 128 Stat. 3516, effective Oct. 1, 2015.
|
||||
|
||||
Amendments2021—Pub. L. 117–81, §§ 311(b)(1)(B), (C), 1081(a)(3), made similar amendments, renumbering section 118a, relating to National Defense Sustainment and Logistics Review, as this section. Section 1081(a)(3), which directed the renumbering of the “second” section 118a, as added by section 341 of Pub. L. 116–283, was read as referring to this section, which had appeared as the first section 118a, to reflect the probable intent of Congress. Amendment by section 1081(a)(3) to be treated as applying before amendment by section 311(b)(1)(B), (C), see section 1081(d) of Pub. L. 117–81, listed in a table of Coordination of Certain Sections of an Act With Other Provisions of That Act under section 101 of this title. Subsec. (a). Pub. L. 117–81, § 311(b)(1)(A), substituted “capabilities, response to risks to military installation resilience,” for “capabilities,”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Deadline for Submittal of First ReportPub. L. 116–283, div. A, title III, § 341(c), Jan. 1, 2021, 134 Stat. 3537, as amended by Pub. L. 117–81, div. A, title III, § 311(b)(2)(B), Dec. 27, 2021, 135 Stat. 1625, provided that: “Notwithstanding the deadline in subsection (b)(1) of section 118b of title 10, United States Code, as added by subsection (a), the Secretary of Defense shall submit the first report under such section not later than the date that is 18 months after the date of the enactment of this Act [Jan. 1, 2021], unless a new National Defense Strategy is released prior to such date.” [Pub. L. 117–81, div. A, title III, § 311(b)(2)(B), which directed amendment of section “314(c)” of Pub. L. 116–283 by substituting “section 118b” for “section 118a”, was executed by making the amendment to section 341(c) of Pub. L. 116–283, set out above, to reflect the probable intent of Congress.]
|
||||
@@ -0,0 +1,97 @@
|
||||
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||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 118c - National Defense Science and Technology Strategy
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary of Defense shall develop a strategy—
|
||||
|
||||
(1) to articulate the science and technology priorities, goals, and investments of the Department of Defense;
|
||||
|
||||
(2) to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and
|
||||
|
||||
(3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies.
|
||||
|
||||
(b) Elements.— The strategy required under subsection (a) shall—
|
||||
|
||||
(1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President;
|
||||
|
||||
(2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including—
|
||||
|
||||
(A) personnel and workforce capabilities;
|
||||
|
||||
(B) facilities for research and test infrastructure;
|
||||
|
||||
(C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and
|
||||
|
||||
(D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded;
|
||||
|
||||
(3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise;
|
||||
|
||||
(4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy;
|
||||
|
||||
(5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title;
|
||||
|
||||
(6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations;
|
||||
|
||||
(7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps;
|
||||
|
||||
(8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and
|
||||
|
||||
(9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base.
|
||||
|
||||
(c) Coordination.— The Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations.
|
||||
|
||||
(d) Considerations.— In developing the strategy under subsection (a), the Secretary of Defense shall consider—
|
||||
|
||||
(1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners;
|
||||
|
||||
(2) current military requirements and emerging technologies in the defense and commercial sectors;
|
||||
|
||||
(3) the capabilities of foreign near-peer and peer nations;
|
||||
|
||||
(4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and
|
||||
|
||||
(5) near-term, mid-term, and long-term technology and capability development goals.
|
||||
|
||||
(e) Reports.— (1) Subsequent reports and updates.— Not later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense.
|
||||
|
||||
(2) Form of reports.— The reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate.
|
||||
|
||||
(f) Briefing.— Not later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy.
|
||||
|
||||
(g) Designation.— The strategy developed under subsection (a) shall be known as the “National Defense Science and Technology Strategy”.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title II, § 211(a), Dec. 27, 2021, 135 Stat. 1585.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in Pub. L. 115–232, div. A, title II, § 218, Aug. 13, 2018, 132 Stat. 1679, which was not classified to the Code and was repealed by Pub. L. 117–81, div. A, title II, § 211(c), Dec. 27, 2021, 135 Stat. 1587.
|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 119 - Special access programs: congressional oversight
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) Not later than March 1 of each year, the Secretary of Defense shall submit to the defense committees a report on special access programs.
|
||||
|
||||
(2) Each such report shall set forth—
|
||||
|
||||
(A) the total amount requested for special access programs of the Department of Defense in the President’s budget for the next fiscal year submitted under section 1105 of title 31; and
|
||||
|
||||
(B) for each program in that budget that is a special access program—
|
||||
|
||||
(i) a brief description of the program;
|
||||
|
||||
(ii) a brief discussion of the major milestones established for the program;
|
||||
|
||||
(iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and
|
||||
|
||||
(iv) the estimated total cost of the program and the estimated cost of the program for (I) the current fiscal year, (II) the fiscal year for which the budget is submitted, and (III) each of the four succeeding fiscal years during which the program is expected to be conducted.
|
||||
|
||||
(3) In the case of a report under paragraph (1) submitted in a year during which the President’s budget for the next fiscal year, because of multiyear budgeting for the Department of Defense, does not include a full budget request for the Department of Defense, the report required by paragraph (1) shall set forth—
|
||||
|
||||
(A) the total amount already appropriated for the next fiscal year for special access programs of the Department of Defense and any additional amount requested in that budget for such programs for such fiscal year; and
|
||||
|
||||
(B) for each program of the Department of Defense that is a special access program, the information specified in paragraph (2)(B).
|
||||
|
||||
(b) (1) Not later than February 1 of each year, the Secretary of Defense shall submit to the defense committees a report that, with respect to each new special access program, provides—
|
||||
|
||||
(A) notice of the designation of the program as a special access program; and
|
||||
|
||||
(B) justification for such designation.
|
||||
|
||||
(2) A report under paragraph (1) with respect to a program shall include—
|
||||
|
||||
(A) the current estimate of the total program cost for the program; and
|
||||
|
||||
(B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice.
|
||||
|
||||
(3) In this subsection, the term “new special access program” means a special access program that has not previously been covered in a notice and justification under this subsection.
|
||||
|
||||
(c) (1) Whenever a change in the classification of a special access program of the Department of Defense is planned to be made or whenever classified information concerning a special access program of the Department of Defense is to be declassified and made public, the Secretary of Defense shall submit to the defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change.
|
||||
|
||||
(2) Except as provided in paragraph (3), any report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement is to occur.
|
||||
|
||||
(3) If the Secretary determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Department of Defense, the Secretary may submit the report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public announcement is made and shall include in the report an explanation of the exceptional circumstances.
|
||||
|
||||
(d) Whenever there is a modification or termination of the policy and criteria used for designating a program of the Department of Defense as a special access program, the Secretary of Defense shall promptly notify the defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified.
|
||||
|
||||
(e) (1) The Secretary of Defense may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Secretary determines that inclusion of that information in the report would adversely affect the national security. Any such waiver shall be made on a case-by-case basis.
|
||||
|
||||
(2) If the Secretary exercises the authority provided under paragraph (1), the Secretary shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the defense committees.
|
||||
|
||||
(f) A special access program may not be initiated until—
|
||||
|
||||
(1) the defense committees are notified of the program; and
|
||||
|
||||
(2) a period of 30 days elapses after such notification is received.
|
||||
|
||||
(g) In this section, the term “defense committees” means—
|
||||
|
||||
(1) the Committee on Armed Services and the Committee on Appropriations, and the Defense Subcommittee of the Committee on Appropriations, of the Senate; and
|
||||
|
||||
(2) the Committee on Armed Services and the Committee on Appropriations, and the Subcommittee on Defense of the Committee on Appropriations, of the House of Representatives.
|
||||
|
||||
(Added Pub. L. 100–180, div. A, title XI, § 1132(a)(1), Dec. 4, 1987, 101 Stat. 1151; amended Pub. L. 101–510, div. A, title XIV, §§ 1461, 1482(a), Nov. 5, 1990, 104 Stat. 1698, 1709; Pub. L. 104–106, div. A, title X, § 1055, title XV, § 1502(a)(4), Feb. 10, 1996, 110 Stat. 442, 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–107, div. A, title X, § 1048(a)(2), Dec. 28, 2001, 115 Stat. 1222.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2001—Subsec. (g)(2). Pub. L. 107–107 substituted “Subcommittee on Defense” for “National Security Subcommittee”. 1999—Subsec. (g)(2). Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”. 1996—Subsec. (a)(1). Pub. L. 104–106, § 1055, substituted “March 1” for “February 1”. Subsec. (g). Pub. L. 104–106, § 1502(a)(4), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(1) the Committees on Armed Services and Appropriations of the Senate and House of Representatives; and “(2) the Defense Subcommittees of the Committees on Appropriations of the Senate and House of Representatives.” 1990—Subsec. (c). Pub. L. 101–510, § 1461(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Whenever a change is made in the status of a program of the Department of Defense as a special access program, the Secretary of Defense shall submit to the defense committees a report describing the change. Any such report shall be submitted not later than 30 days after the date on which the change takes effect.” Subsec. (f). Pub. L. 101–510, § 1482(a)(2), added subsec. (f). Former subsec. (f) redesignated (g). Pub. L. 101–510, § 1461(b), inserted “and Appropriations” after “Armed Services” in par. (1). Subsec. (g). Pub. L. 101–510, § 1482(a)(1), redesignated subsec. (f) as (g).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentPub. L. 101–510, div. A, title XIV, § 1482(d), Nov. 5, 1990, 104 Stat. 1710, provided that: “The amendments made by this section [enacting section 2214 of this title and amending this section and section 1584 of this title] shall take effect on October 1, 1991.”
|
||||
|
||||
Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsecs. (a) and (b) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
|
||||
|
||||
Initial Reports on Special Access ProgramsPub. L. 100–180, div. A, title XI, § 1132(b), (c), Dec. 4, 1987, 101 Stat. 1152, required that the first report under subsec. (a) of this section set forth the amount that had been requested in the President’s budget for each of the five previous fiscal years for special access programs of the Department of Defense and the amount appropriated for each such year for such programs, and required that the first report under subsec. (b) of this section cover existing special access programs.
|
||||
@@ -0,0 +1,111 @@
|
||||
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|
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||||
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 119a - Programs managed under alternative compensatory control measures: congressional oversight
|
||||
|
||||
## Text
|
||||
|
||||
(a) Annual Report on Current Programs Under ACCMS.— (1) In general.— Not later than March 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the programs being managed under alternative compensatory control measures in the Department of Defense.
|
||||
|
||||
(2) Elements.— Each report under paragraph (1) shall set forth the following:
|
||||
|
||||
(A) The total amount requested for programs being managed under alternative compensatory control measures in the Department in the budget of the President under section 1105 of title 31 for the fiscal year beginning in the fiscal year in which such report is submitted.
|
||||
|
||||
(B) For each program in that budget that is a program being managed under alternative compensatory control measures in the Department—
|
||||
|
||||
(i) a brief description of the program;
|
||||
|
||||
(ii) a brief discussion of the major milestones established for the program;
|
||||
|
||||
(iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and
|
||||
|
||||
(iv) the estimated total cost of the program and the estimated cost of the program for—
|
||||
|
||||
(I) the current fiscal year;
|
||||
|
||||
(II) the fiscal year for which that budget is submitted; and
|
||||
|
||||
(III) each of the four succeeding fiscal years during which the program is expected to be conducted.
|
||||
|
||||
(3) Elements on programs covered by multiyear budgeting.— In the case of a report under paragraph (1) submitted in a year during which the budget of the President for the fiscal year concerned does not, because of multiyear budgeting for the Department, include a full budget request for the Department, the report required by paragraph (1) shall set forth—
|
||||
|
||||
(A) the total amount already appropriated for the next fiscal year for programs being managed under alternative compensatory control measures in the Department, and any additional amount requested in that budget for such programs for such fiscal year; and
|
||||
|
||||
(B) for each program that is a program being managed under alternative compensatory control measures in the Department, the information specified in paragraph (2)(B).
|
||||
|
||||
(b) Annual Report on New Programs Under ACCMS.— (1) In general.— Not later than February 1 each year, the Secretary shall submit to the congressional defense committees a report that, with respect to each new program being managed under alternative compensatory control measures in the Department, provides—
|
||||
|
||||
(A) notice of the designation of the program as a program being managed under alternative compensatory control measures in the Department; and
|
||||
|
||||
(B) a justification for such designation.
|
||||
|
||||
(2) Additional elements.— A report under paragraph (1) with respect to a program shall include—
|
||||
|
||||
(A) the current estimate of the total program cost for the program; and
|
||||
|
||||
(B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the report.
|
||||
|
||||
(3) New program being managed under alternative compensatory control measures defined.— In this subsection, the term “new program being managed under alternative compensatory control measures” means a program in the Department that has not previously been covered by a report under this subsection.
|
||||
|
||||
(c) Report on Change in Classification or Declassification of Programs.— (1) In general.— Whenever a change in the classification of a program being managed under alternative compensatory control measures in the Department is planned to be made, or whenever classified information concerning a program being managed under alternative compensatory control measures in the Department is to be declassified and made public, the Secretary shall submit to the congressional defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change.
|
||||
|
||||
(2) Deadline for report.— Except as provided in paragraph (3), a report required by paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement concerned is to occur.
|
||||
|
||||
(3) Exception.— If the Secretary determines that because of exceptional circumstances the requirement in paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a program covered by paragraph (1), the Secretary may submit the report required by that paragraph regarding the proposed change or public announcement at any time before the proposed change or public announcement is made, and shall include in the report an explanation of the exceptional circumstances.
|
||||
|
||||
(d) Modification of Criteria or Policy for Designating Programs Under Accms.— Whenever there is a modification or termination of the policy or criteria used for designating a program as a program being managed under alternative compensatory control measures in the Department, the Secretary shall promptly notify the congressional defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy or criteria as modified.
|
||||
|
||||
(e) Waiver.— (1) In general.— The Secretary may waive any requirement in subsection (a), (b), or (c) that certain information be included in a report under such subsection if the Secretary determines that inclusion of that information in the report would adversely affect the national security. Any such waiver shall be made on a case-by-case basis.
|
||||
|
||||
(2) Notice to congress.— If the Secretary exercises the authority in paragraph (1), the Secretary shall provide the information described in the applicable subsection with respect to the program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the congressional defense committees.
|
||||
|
||||
(f) Limitation on Initiation of Programs Under Accms.— (1) Notice and wait.— Except as provided in paragraph (2), a program to be managed under alternative compensatory control measures in the Department may not be initiated until—
|
||||
|
||||
(A) the congressional defense committees are notified of the program; and
|
||||
|
||||
(B) a period of 30 days elapses after such notification is received.
|
||||
|
||||
(2) Exception.— If the Secretary determines that waiting for the regular notification process before initiating a program as described in paragraph (1) would cause exceptionally grave damage to the national security, the Secretary may begin a program to be managed under alternative compensatory control measures in the Department before such waiting period elapses. The Secretary shall notify the congressional defense committees within 10 days of initiating a program under this paragraph, including a justification for the determination of the Secretary that waiting for the regular notification process would cause exceptionally grave damage to the national security.
|
||||
|
||||
(g) Congressional Oversight.— (1) Neither the Secretary of Defense nor the Director of National Intelligence may take any action that would have the effect of limiting the access of the congressional defense committees to—
|
||||
|
||||
(A) any classified program, or any information about any classified program, to which such committees have access as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022; or
|
||||
|
||||
(B) any classified program established, or any information about any classified program that becomes available, after the date of the enactment of such Act that is within the jurisdiction of such committees.
|
||||
|
||||
(2) In this subsection, the term “classified program” includes any special access program, alternative compensatory control measure, or any other controlled access program.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title X, § 1062(a), Dec. 23, 2016, 130 Stat. 2405; amended Pub. L. 116–92, div. A, title XVII, § 1731(a)(4), Dec. 20, 2019, 133 Stat. 1812; Pub. L. 117–81, div. A, title X, § 1041(b), Dec. 27, 2021, 135 Stat. 1903.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 and the date of the enactment of such Act, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021.
|
||||
|
||||
Amendments2021—Subsec. (g). Pub. L. 117–81 added subsec. (g). 2019—Subsecs. (a), (b). Pub. L. 116–92 substituted “ACCMS” for “AACMS” in subsec. heading.
|
||||
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|
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "2"
|
||||
chapter_name: "DEPARTMENT OF DEFENSE"
|
||||
section: "120"
|
||||
citation: "10 U.S.C. § 120"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s120"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "21c029a578cd9b34a05001913e6e658977b530444c717327e127ae54e13dc054"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "4ee404a547bb1feb7f408f69283427b29f182c0d001a58769ac18844ebf4d5a2"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 120 - Department of Defense executive aircraft controlled by Secretaries of military departments
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary of Defense shall ensure that the Chief of the Air Force Special Air Mission Office is given the responsibility for coordination of scheduling all Department of Defense executive aircraft controlled by the Secretaries of the military departments in order to support required use travelers.
|
||||
|
||||
(b) Responsibilities.— (1) Not later than 180 days after the date of the enactment of this section, the Secretary of each of the military departments shall execute a memorandum of understanding with the Air Force Special Air Mission Office regarding oversight and management of executive aircraft controlled by that military department.
|
||||
|
||||
(2) The Secretary of Defense shall establish standards for prioritizing access to executive aircraft controlled by the Secretaries of the military departments among authorized users of such aircraft within the Federal Government.
|
||||
|
||||
(3) The Secretary of Defense shall assign a career appointee (as that term is defined in section 3132(a) of title 5) in the Senior Executive Service of the Department of Defense to coordinate the efficient tasking of executive aircraft controlled by the Secretaries of the military departments and compliance with rules, regulations, policies, and guidance relating to such aircraft, including the standards established under paragraph (2). The career appointee shall, as determined by the Secretary of Defense, have knowledge and experience relating to executive aircraft, including familiarity with the executive aircraft fleets controlled by the Secretaries of the military departments and procedures for the prioritization of executive aircraft users.
|
||||
|
||||
(4) The Secretary of a military department shall maintain overall authority for scheduling the required use travelers of that military department on executive aircraft controlled by the Secretary. When an executive aircraft controlled by the Secretary of a military department is not supporting required use travelers of that military department, the Secretary of the military department shall make such executive aircraft available for scheduling of other required use travelers.
|
||||
|
||||
(c) Limitations.— (1) The Secretary of Defense may not establish a new command and control organization to support aircraft.
|
||||
|
||||
(2) No executive aircraft controlled by the Secretary of a military department may be permanently stationed at any location without a required use traveler without the approval of the Secretary of Defense.
|
||||
|
||||
(d) Definitions.— In this section:
|
||||
|
||||
(1) The term “required use traveler” has the meaning given such term in Department of Defense directive 4500.56, as in effect on the date of the enactment of this section.
|
||||
|
||||
(2) The term “executive aircraft” has the meaning given such term in Department of Defense directive 4500.43, as in effect on the date of the enactment of this section.
|
||||
|
||||
(Added Pub. L. 116–92, div. A, title X, § 1051(a), Dec. 20, 2019, 133 Stat. 1590; amended Pub. L. 119–60, div. A, title I, § 161(b)(1), Dec. 18, 2025, 139 Stat. 767.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of this section, referred to in subsecs. (b) and (d), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.
|
||||
|
||||
Amendments2025—Subsec. (b)(2) to (4). Pub. L. 119–60 added pars. (2) and (3), redesignated former par. (3) as (4), and struck out former par. (2) which read as follows: “The Secretary of Defense shall be responsible for prioritizing travel when requests exceed available executive airlift capability.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
TimelinesPub. L. 119–60, div. A, title I, § 161(b)(2), Dec. 18, 2025, 139 Stat. 768, provided that: “The Secretary of Defense shall— “(A) establish the standards required by paragraph (2) of such section 120(b) (as amended by this section) not later than December 1, 2025; and “(B) assign the career appointee required by paragraph (3) of such section 120(b) (as amended by this section) not later than January 1, 2026.”
|
||||
Reference in New Issue
Block a user