Legislation on Foreign Relations Through ...

5. Armed Forces Legislation

a. Title 10, United States Code

§ 113.1 Secretary of Defense *

(e)(1) 2 The Secretary shall include in his annual report to Congress under subsection (c)

(A) a description of the major military missions and of the military force structure of the United States for the next fiscal year;

(B) an explanation of the relationship of those military missions to that force structure; and

(2) In preparing the matter referred to in paragraph (1), the Secretary shall take into consideration the content of the annual national security strategy report of the President under section 104 of the National Security Act of 1947 for the fiscal year concerned. 3

(i) 4 The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, recommending the amount of funds to be appropriated to the Department of Defense for the next fiscal year for functions relating to the formulation and carrying out of Department of Defense policies on the control of technology transfer and activities related to the control of technology transfer. The Secretary shall include in that report the proposed allocation of the funds requested for such purpose and the number of personnel proposed to be assigned to carry out such activities during such fiscal year.

(j) 5 (1) 6 The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the

1 Sec. 113 was originally codified at sec. 133 of title 10. Public Law 99-433 (Department of Defense Reorganization Act of 1986) redesignated sec. 133 of title 10 as sec. 113 and modified the section title. 2 Subsec. (e) was comprehensively amended by sec. 603 of Public Law 99-433, 100 Stat. 1074 (DOD Reorganization Act of 1986).

3 For text of sec. 104 of the National Security Act of 1947, 50 U.S.C. 404a, see vol. IV, sec. N. + Subsec. (i) was originally enacted by sec. 1105 of the DOD Authorization Act, 1983 (Public Law 97-252; 96 Stat. 739) as subsec. (h) of sec. 138 (now sec. 114). Public Law 99-433 (DOD Reorganization Act of 1986) redesignated it as a subsec. of sec. 113.

5 Subsec. (j) was added by sec. 1214 of the National Defense Authorization Act, 1988 and 1989 (Public Law 100-180; 101 Stat. 1157).

6 Sec. 731 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456, 102 Stat. 2003) added the designation “(1)", and added new “(2)” and “(3)”.

United States and its allies as compared with those of their potential adversaries.7

(k) 8 (1) Not later than April 8 of each year, the Secretary of Defense shall submit to the Committees on Armed Services and Committees on Appropriations of the Senate and House of Representatives a report on the cost of stationing United States forces outside of the United States. Each such report shall include a detailed statement of the following:

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

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

(2) Each report under this subsection shall be prepared in consultation with the Secretary of Commerce.

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

(2) 6 Each such report shall

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

(B) include an examination of the trends experienced in those capabilities and programs during the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during the five years covered by the Five-Year Defense Program submitted to Congress during that year pursuant to section 114(g) of this title;

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

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

(3) 6 The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the President submits the budget to Congress under section 1105 of title 31 in that year. Such report shall be transmitted in both classified and unclassified form.

7 Sec. 731 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456, 102 Stat. 2003) struck out the following sentence at this point: "Each such report shall be transmitted in both a classified and an unclassified form."

8 Sec. 1(0)(1) of Public Law 100-370 (102 Stat. 850) added subsec. (k).

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

§ 114.10 Annual authorization of appropriations * * *

(c) 11 The size of the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.12

§ 117.13 Annual report on North Atlantic Treaty Organization readiness

(a) The Secretary of Defense shall assess and make findings each year with respect to the readiness status of the military forces of the North Atlantic Treaty Organization. The Secretary shall submit a report of the assessment and findings to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives on the same date that the President submits the Budget to Congress.

(b) The report under subsection (a) shall include the assessment and findings of the Secretary with respect to

(1) deficiencies in the readiness of the North Atlantic Treaty Organization (including an analysis of deficiencies in each member of the Organization) related to

(A) war reserve stocks;

(B) command, control, and communications systems (including the susceptibility of those systems to degradation by potential overt activities of the Warsaw Pact);

(D) chemical warfare capabilities;

(E) air defense capabilities (including ground and air systems and the integration of ground systems with air systems);

(F) armor and anti-armor capabilities;

9 Sec. 1101 of Public Law 100-456 (102 Stat. 2042) added subsec. 1.

10 Sec. 114 was originally codified at sec. 138 of title 10. Public Law 99-433 (Department of Defense Reorganization Act of 1986) redesignated sec. 138 of title 10 as sec. 114 and modified the section title.

11 Subsec. (c) was originally enacted by sec. 108(b) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 96 Stat. 1519) and codified at subsec. (g) of sec. 138 (now 114). Public Law 99-433 redesignated subsec. (g) as subsec. (c).

12 Earlier limits included program ceilings of $300,000,000 for fiscal year 1982; $600,000,000 for fiscal year 1983 and $900,000 for fiscal year 1984 and any fiscal year thereafter. The Department of Defense Authorization Act, 1986, sec. 1403, (Public Law 99-145; 99 Stat. 743) changed the amount of the program ceiling to $1,000,000,000. Sec. 1304(a) of Public Law 99-661 increased the ceiling to $1,070,000,000. For the text of chapter 5 of the Arms Export Control Act, see page 309. 13 Sec. 117 was originally enacted as sec. 808 of Public Law 96-107 (DOD Authorization Act, 1980). Public Law 97-295 (96 Stat. 1287) made technical changes to the text of sec. 808, codified it at 10 U.S.C. 133a, and repealed sec. 808 of Public Law 96-107. Public Law 99-433 (Department of Defense Reorganization Act of 1986) redesignated sec. 133a as sec. 117 and modified the section title. See also the NATO Mutual Support Act, vol. II, sec. G.

(G) firepower capabilities;

(H) forward deployed units and the proximity of those units to assigned general defensive positions;

(I) the availability of ammunition;

(J) the availability, responsiveness, and overall effectiveness of reserve forces;

(K) airlift capabilities to meet reinforcement and resupply requirements;

(L) the ability to protect, cross-service, and stage air assets from allied airfields;

(M) the maritime force capabilities (including sealift, minelaying, and minesweeping capabilities);

(N) logistical support arrangements (including the availability of ports, airfields, transportation, and host nation support);

(O) training (including the availability of the facilities and equipment needed to conduct realistic operational exercises); and

(P) the compatibility of operational doctrine and procedures among military forces of the member nations;

(2) planned corrections in the identified readiness deficiencies of the United States with respect to the Organization and that part of the Budget submitted to Congress by the President on the date the report is submitted that is allocated for the corrections; and

(3) commitments made by other members of the Organization to correct their own readiness deficiencies (including deficiencies in the items listed in paragraph (1)) and an identification of particular improvements to be made in readiness by weapon system, program, or activity.

§ 118.14 Sale or transfer of defense articles: reports to Congress When there is a letter of offer to sell or a proposal to transfer defense articles that are valued at $50,000,000 or more from the inventories of a regular component of the armed forces or from current production, the Secretary of Defense shall submit a report to Congress stating

(1) the impact of the sale or transfer on the current readiness of the armed forces;

(2) the adequacy of reimbursements to cover, at the time of replenishment of United States inventories, the replacement costs of those items sold or transferred; and

(3) for each article to be sold

(A) the initial issue quantity requirement for the armed forces for that article;

14 Sec. 118 was originally enacted as sec. 813 of Public Law 94-106 (DOD Authorization Act, 1976). Sec. 814 of Public Law 95-79 (DOD Authorization Act, 1978) amended sec. 813 by adding the requirement for information contained in par. (3). Sec. 1104 of Public Law 97-252 (DOD Authorization Act, 1983) further amended sec. 813 by increasing the dollar amount specified in the first sentence from $25,000,000 to $50,000,000. Public Law 97-295 (96 Stat. 1287) made technical changes to the text of sec. 813, codified it at 10 U.S.C. 133b, and repealed sec. 813 of Public Law 94-106, sec. 814 of Public Law 95-79, and sec. 1104 of Public Law 97-252. Public Law 99-433 (Department of Defense Reorganization Act of 1986) redesignated sec. 133b of title 10 as sec. 118.

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