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H.R. 3622 (99th): Goldwater-Nichols Department of Defense Reorganization Act of 1986


The text of the bill below is as of Oct 1, 1986 (Passed Congress).

Summary of this bill

Source: Wikipedia

The Goldwater–Nichols Department of Defense Reorganization Act of October 4, 1986 Pub.L. 99–433, (signed by President Ronald Reagan), made the most sweeping changes to the United States Department of Defense since the department was established in the National Security Act of 1947 by reworking the command structure of the United States military. It increased the powers of the Chairman of the Joint Chiefs of Staff and implemented some of the suggestions from the Packard Commission, commissioned by President Reagan in 1985. Among other changes, Goldwater–Nichols streamlined the military chain of command, which now runs from the President through the Secretary of Defense directly to combatant commanders ...


100 STAT. 992                             PUBLIC LAW 99-433—OCT. 1, 1986

                     Public Law 99-433
                     99th Congress
                                                            An Act
                     To reorganize the Department of Defense and strengthen civilian authority in the
                       Department of Defense, to improve the military advice provided to the President,
                       the National Security Council, and the Secretary of Defense, to place clear respon-
                       sibility on the commanders of the unified and specified combatant commands for
  Oct. 1, 1986         the accomplishment of missions assigned to those commands and ensure that the
                       authority of those commanders is fully commensurate with that responsibility, to
  [H.R. 3622]          increase attention to the formulation of strategy and to contingency planning, to
                       provide for more efficient use of defense resources, to improve joint officer manage-
                       ment policies, otherwise to enhance the effectiveness of military operations and
                       improve the management and administration of the Department of Defense, and
                       for other purposes.

                      Be it enacted by the Senate and House of Representatives of the
Goldwater-           United States of America in Congress assembled,
Nichols
Department of        SECTION 1. SHORT TITLE; TABLE OF CONTENTS
Defense
Reorganization         (a) SHORT TITLE.—This Act may be cited as the "Goldwater-
Act of 1986.         Nichols Department of Defense Reorganization Act of 1986".
Armed Forces.           (h) TABLE OF CONTENTS.—The table of contents of this Act is as
Defense and          follows:
national
security.
10 u s e 111 note.       Sec. 1. Short title; table of contents.
                         Sec. 2. References to title 10, United States Code.
                         Sec. 3. Policy.
                                       TITLE I—DEPARTMENT OF DEFENSE GENERALLY
                         Sec. 101. Organization of the Department of Defense.
                         Sec. 102. Powers and duties of the Secretary of Defense.
                         Sec. 103. Modification of authority of Secretary of Defense to reorganize the
                                     Department of Defense.
                         Sec. 104. Office of the Secretary of Defense.
                         Sec. 105. Under Secretary for Policy and Director of Defense Research and En-
                                     gineering.
                         Sec. 106. Assistant Secretaries of Defense.
                         Sec. 107. Comptroller of the Department of Defense.
                         Sec. 108. Inspector General of the Department of Defense.
                         Sec. 109. Management studies of Office of the Secretary of Defense.
                         Sec. 110. Technical and conforming amendments.
                                TITLE II—MILITARY ADVICE AND COMMAND FUNCTIONS
                                                  PART A—JOINT CHIEFS OF STAFF
                         Sec.   201.   Revised functions of Chairman; establishment of Vice Chairman.
                         Sec.   202.   Provisions relating to Vice Chairman.
                         Sec.   203.   Participation in National Security Council meetings.
                         Sec.   204.   Transition.
                                                  PART B—COMBATANT COMMANDS
                         Sec.   211.   Establishment of combatant commands and authority of commanders.
                         Sec.   212.   Initial review of combatant commands.
                         Sec.   213.   Repeal of certain limitations on command structure.
                         Sec.   214.   Transition.       ..

PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 993 TITLE III—DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES Sec. 301. Establishment and management of Defense Agencies and Department of Defense Field Activities. Sec. 302. Definitions of Defense Agency and Department of Defense Field Activity. Sec. 303. Reassessment of Defense Agencies and DOD Field Activities. Sec. 304. Transition. TITLE IV—JOINT OFFICER PERSONNEL POLICY Sec. 401. Joint officer management. Sec. 402. Promotion procedures for joint officers. Sec. 403. Consideration of joint duty in senior general and flag officer appoint- ments and advice on qualifications. Sec. 404. Joint duty assignment as prerequisite for promotion to general or flag officer grade. Sec. 405. Annual report on implementation. Sec. 406. Transition. TITLE V—MILITARY DEPARTMENTS PART A—DEPARTMENT OF THE ARMY Sec. 501. The Army Secretariat. Sec. 502. The Army Staff. Sec. 503. Authority to organize Army into commands, forces, and organizations PART B—DEPARTMENT OF THE NAVY Sec. 511. The Navy Secretariat. Sec. 512. Office of the Chief of Naval Operations. Sec. 513. Headquarters, Marine Corps. Sec. 514. Technical and clerical amendments. PART C—DEPARTMENT OF THE AIR FORCE Sec. 521. The Air Force Secretariat. Sec. 522. The Air Staff. Sec. 523. Authority to organize Air Force into separate organizations. PART D—GENERAL CONFORMING AMENDMENTS AND TRANSITION PROVISIONS Sec. 531. Conforming amendments. Sec. 532. Transition. TITLE VI—MISCELLANEOUS Sec. 601. Reduction in personnel assigned to management headquarters activi- ties and certain other activities. Sec. 602. Reduction of reporting requirements. Sec. 603. Annual report on national security strategy. Sec. 604. Legislation to make required conforming changes in law. Sec. 605. General technical amendments. SEC. 2. REFERENCES TO TITLE 10, UNITED STATES CODE Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be consid- ered to be made to a section or other provision of title 10, United -h States Code. SEC. 3. POLICY 10 u s e 111 note. In enacting this Act, it is the intent of Congress, consistent with the congressional declaration of policy in section 2 of the National Security Act of 1947 (50 U.S.C. 401)— (1) to reorganize the Department of Defense and strengthen civilian authority in the Department; (2) to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense; 7 1 _ 1 Q A n _ On _ "3/. . m o r> ,4-1
100 STAT. 994 PUBLIC LAW 99-433—OCT. 1, 1986 (3) to place clear responsibility on the commanders of the unified and specified combatant commands for the accomplish- ment of missions assigned to those commands; (4) to ensure that the authority of the commanders of the unified and specified combatant commands is fully commensu- rate with the responsibility of those commanders for the accom- plishment of missions assigned to their commands; (5) to increase attention to the formulation of strategy and to contingency planning; (6) to provide for more efficient use of defense resources; (7) to improve joint officer management policies; and (8) otherwise to enhance the effectiveness of military oper- ations and improve the management and administration of the Department of Defense. TITLE I—DEPARTMENT OF DEFENSE GENERALLY SEC. 101. ORGANIZATION OF THE DEPARTMENT OF DEFENSE 10 use 101 et (a) REORGANIZATION OF CODE.—(1) Part I of subtitle A is amended ««9- by inserting after chapter 1 the following new chapter: "CHAPTER 2—DEPARTMENT OF DEFENSE "Sec. V n "111. Executive department. "112. Department of Defense: seal. "113. Secretary of Defense. "114. Annual authorization of appropriations. "115. Annual authorization of personnel strengths; annual manpower requirements report. "116. Annual operations and maintenance report. "117. Annual report on North Atlantic Treaty Organization readiness. "118. Sale or transfer of defense articles: reports to Congress.". 10 use 131 et (2) The sections of chapter 4 listed in the left-hand column of the s«9- following table are transferred (in the order they appear in that column) to the end of chapter 2 of such title, as added by paragraph (1), and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: New sections of Existing sections of chapter 4: chapter 2 131 Ill 132 112 133 113 138 114 133a 117 133b 118 (3) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that 10 use 121 et column) to the end of chapter 3 of such title and are redesignated in seq. accordance with the corresponding section numbers in the right- hand column of the table, as follows: New sections of Existing sections of chapter 4: chapter 3 140 127 140a 128 140b 129 140c 130 10 u s e 2201 et (4) P a r t IV of subtitle A is amended by inserting after chapter 143 seq- the following new chapter:
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 995 "CHAPTER 144—OVERSIGHT OF COST GROWTH IN MAJOR PROGRAMS "Sec. "2431. Weapons development and procurement schedules. ^ "2432. Selected Acquisition Reports. ' " "2433. Unit cost reports. "2434. Independent cost estimates.". (5) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column) to chapter 144, as added by paragraph (4), and are redesig- nated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: New sections of Existing sections of chapter 4: chapter 3 139 2431 139a 2432 139b 2433 139c 2434 (6) The heading of chapter 4 is amended to read as follows: "CHAPTER 4—OFFICE OF THE SECRETARY OF DEFENSE". (7) Chapter 4 is amended by redesignating sections of such chapter listed in the left-hand column of the following table in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections: New sections 134 132 134a 133 136a 138 137 139 (b) ELEMENTS OF THE DEPARTMENT.—Section 111 (as transferred and redesignated by subsection (aX2)) is amended— (1) by inserting "(a)" before "The Department of Defense"; and (2) by adding at the end the following: "(b) The Department is composed of the following: "(1) The Office of the Secretary of Defense. "(2) The Joint Chiefs of Staff. "(3) The Joint Staff. "(4) The Defense Agencies. "(5) Department of Defense Field Activities. "(6) The Department of the Army. "(7) The Department of the Navy. "(8) The Department of the Air Force. "(9) The unified and specified combatant commands. "(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President. "(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10). "(c) If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other President of U.S. than those described in paragraphs (1) through (9) of subsection (b).
100 STAT. 996 P U B L I C LAW 99-433—OCT. 1, 1986 the President shall notify Congress not later than 60 days thereafter.". SEC. 102. POWERS AND DUTIES OF THE SECRETARY OF DEFENCE Post, pp. 1022, Section 113 (as transferred a n d redesignated by section 101(a)(2)) is 1075. amended b y adding a t t h e e n d t h e following n e w subsections: "(f) W h e n a vacancy occurs in a n office within t h e D e p a r t m e n t of Defense a n d t h e office is to be filled by a person appointed from civilian life by t h e President, b y a n d w i t h t h e advice a n d consent of t h e Senate, t h e Secretary of Defense shall inform t h e P r e s i d e n t of t h e qualifications needed by a person serving in t h a t office to carry out effectively t h e duties a n d responsibilities of t h a t office. "(gXD T h e Secretary of Defense, w i t h t h e advice a n d assistance of t h e C h a i r m a n of t h e J o i n t Chiefs of Staff, shall provide a n n u a l l y to t h e heads of D e p a r t m e n t of Defense components w r i t t e n policy guidance for t h e p r e p a r a t i o n a n d review of t h e p r o g r a m rec- ommendations a n d budget proposals of t h e i r respective components. Such guidance shall include guidance on— "(A) n a t i o n a l security objectives a n d policies; "(B) t h e priorities of m i l i t a r y missions; a n d "(C) t h e resource levels projected to be available for t h e period of t i m e for which such recommendations a n d proposals a r e to be effective. "(2) T h e Secretary of Defense, w i t h t h e approval of t h e President a n d after consultation w i t h t h e C h a i r m a n of t h e J o i n t Chiefs of Staff, shall provide a n n u a l l y t o t h e C h a i r m a n w r i t t e n policy guid- ance for t h e p r e p a r a t i o n a n d review of contingency plans. Such guidance shall include guidance on t h e specific force levels a n d specific supporting resource levels projected t o b e available for t h e period of t i m e for which such plans a r e to b e effective. "(h) T h e Secretary of Defense shall keep t h e Secretaries of t h e military d e p a r t m e n t s informed w i t h respect to military operations a n d activities of t h e D e p a r t m e n t of Defense t h a t directly affect t h e i r respective responsibilities.". SEC. 103. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO REORGANIZE THE DEPARTMENT OF DEFENSE Post, pp. 1022, Section 125 is amended— 1055. (1) by striking o u t "unless t h e S e c r e t a r y " in t h e second sentence of subsection (a) a n d all t h a t follows in t h a t subsection a n d inserting in lieu thereof a period; a n d (2) by inserting "vested by law in t h e D e p a r t m e n t of Defense, or a n officer, official, or agency t h e r e o f in subsection (b) after "function, power, or d u t y " . SEC. 104. OFFICE OF THE SECRETARY OF DEFENSE Chapter 4 (as amended by section 101(a)) is further amended by inserting after the table of sections the following new section: "§ 131. Office of the Secretary of Defense "(a) There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carr3dng out his duties and responsibilities and to carry out such other duties as may be prescribed by law. "(b) The Office of the Secretary of Defense is composed of the following: "(1) The Deputy Secretary of Defense. ^
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 997 "(2) The Under Secretary of Defense for Acquisition. "(3) The Under Secretary of Defense for Policy. "(4) The Director of Defense Research and Engineering. "(5) The Assistant Secretaries of Defense. "(6) The Comptroller of the Department of Defense. "(7) The Director of Operational Test and Evaluation. "(8) The General Counsel of the Department of Defense. "(9) The Inspector General of the Department of Defense. "(10) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office. "(c) Officers of the armed forces may be assigned or detailed to permanent duty in the Office of the Secretary of Defense. However, the Secretary may not establish a military staff in the Office of the Secretary of Defense. "(d) The Secretary of each military department, and the civilian employees and members of the armed forces under the jurisdiction of the Secretary, shall cooperate fully with personnel of the Office of the Secretary of Defense to achieve efficient administration of the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense.". SEC. 105. UNDER SECRETARY FOR POLICY AND DIRECTOR OF DEFENSE ij o; RESEARCH AND ENGINEERING Chapter 4 is further amended— (1) by striking out the heading and subsection (a) of section 135 and inserting in lieu thereof the following: "§ 134. Under Secretary of Defense for Policy lo use 134 "(a) There is an Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed £is Under Secretary within 10 years after relief from active duty £is a commis- sioned officer of a regular component of an armed force. "(b)(1) The Under Secretary shall perform such duties and exer- cise such powers as the Secretary of Defense may prescribe. "(2) The Under Secretary shall assist the Secretary of Defense— "(A) in preparing written policy guidance for the preparation and review of contingency plans; and "(B) in reviewing such plans. "(c) The Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, and the Secretaries of the military departments. "§ 135. Director of Defense Research and Engineering "(a) There is a Director of Defense Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate."; and (2) by striking out the first sentence of subsections Ot)) and (c) of section 135 (as designated by paragraph (1)). SEC. 106. ASSISTANT SECRETARIES OF DEFENSE (a) REPEAL OF SPECIFICATION OF CERTAIN ASSISTANT SECRETARIES.— Subsection (b) of section 136 is amended— (1) by striking out paragraphs (2) and (3); (2) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and
100 STAT. 998 PUBLIC LAW 99-433—OCT. 1, 1986 (3) by striking out paragraph (6). (b) PRECEDENCE.—Subsection (e) of such section is amended— (1) by striking out "and the Under Secretaries of Defense" and inserting in lieu thereof "the Under Secretaries of Defense, and the Director of Defense Research and Engineering"; and (2) by adding at the end the following new sentence: "The Assistant Secretaries take precedence among themselves in the order prescribed by the Secretary of Defense. . (c) CONFORMING AMENDMENTS.—Such section is further amended— (1) in subsection (c)— (A) by striking out "him" in paragraph (1) and inserting in lieu thereof "the Assistant Secretary ; and (B) by striking out ", or his designee" in paragraph (2); (2) by striking out subsection (d); and (3) by redesignating subsection (e) (as amended by subsection (b) of this section) as subsection (d). SEC. 107. COMPTROLLER OF THE DEPARTMENT OF DEFENSE Chapter 4 is further amended by inserting after section 136 the following new section: 10 use 137. "§ 137. Comptroller "(a) There is a Comptroller of the Department of Defense, ap- pointed from civilian life by the President, by and with the advice and consent of the Senate. "(b) The Comptroller shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. "(c) The Comptroller shall advise and assist the Secretary of Defense— "(1) in performing such budgetary and fiscal functions and duties, and in exercising such budgetary and fiscal powers, as are needed to carry out the powers of the Secretary; "(2) in supervising and directing the preparation of budget estimates of the Department of Defense; "(3) in establishing and supervising the execution of prin- ciples, policies, and procedures to be followed in connection with organizational and administrative matters relating to— "(A) the preparation and execution of budgets; "(B) fiscal, cost, operating, and capital property account- ing; and "(C) progress and statistical reporting; "(4) in establishing and supervising the execution of policies and procedures relating to the expenditure and collection of funds administered by the Department of Defense; and "(5) in establishing uniform terminologies, classifications, and procedures concerning matters covered by clauses (1) through (4).". SEC. 108. INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE Chapter 4 is further amended by inserting after section 139 (as redesignated by section 101(a)) the following new section: "§ 140. Inspector General "(a) There is an Inspector General of the Department of Defense, who is appointed as provided in section 3 of the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App. 3).
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 999 "(b) The Inspector General performs the duties, has the respon- sibiHties, and exercises the powers specified in the Inspector General Act of 1978.". 5 u s e app. SEC. 109. MANAGEMENT STUDIES OF OFFICE OF THE SECRETARY OF 10 USC131 note. DEFENSE (a) SECRETARY OF DEFENSE STUDY.—The Secretary of Defense shall conduct a study of the functions and organization of the Office of the Secretary of Defense. The study shall consider whether the present allocation of functions to, and the organizational structure of, the Office constitute the most effective, efficient, and economical alloca- tion and structure of the Office to assist the Secretary in carrying out his duties and responsibilities. The study shall include consider- ation of each of the matters specified in subsection (d). (b) SERVICE SECRETARIES JOINT STUDY.—(1) The Secretaries of the military departments shall conduct a joint study of the functions and organization of the Office of the Secretary of Defense. The study shall be conducted independently of the study conducted by the Secretary of Defense under subsection (a). The Secretaries shall Reports. submit a joint report to the Secretary of Defense on such study at a time specified by the Secretary. Except as provided in paragraph (2), the report shall include a discussion of and recommendations concerning each of the matters specified in subsection (d). (2) The Secretary of Defense shall determine the extent to which, and prescribe the procedures under which, the Secretaries of the military departments shall study the matters specified in subsection (dXlXA) relating to contingency planning and military operations. (c) CHAIRMAN OF J C S STUDY.—The Chairman of the Joint Chiefs of Staff shall conduct a study of the functions and organization of the Office of the Secretary of Defense. The study shall be conducted independently of the study conducted by the Secretary of Defense under subsection (a). The Chairman shall submit a report to the Reports. Secretary of Defense on such study at a time specified by the Secretary. The report shall include a discussion of and recommenda- tions concerning the matters specified in paragraphs (1)(C), (IXD), (2), (3), (5), and (6) of subsection (d). (d) MATTERS TO B E INCLUDED.—The study required by subsection (a) shall include consideration of the following: (1) Whether the present organization of the Office— (A) is optimally structured to assist the Secretary of Defense in the effective exercise of civilian control of the Department of Defense, including civilian control of— (i) defense policy development and strategic planning; (ii) program and budget development; (iii) policy, program, and budget execution; (iv) contingency planning; and (v) military operations; (B) is the most effective and efficient organization for the initiation, development, and articulation of defense policy; (C) ensures that strategic planning and contingency plan- ning are linked to, and derived from, national security strategy, policies, and objectives; and (D) inhibits integration of the capabilities of the Armed Forces along mission lines.
100 STAT. 1000 PUBLIC LAW 99-433—OCT. 1, 1986 (2) Whether the planning, programming, and budgeting system of the Department of Defense (including the role of the Office in such system) needs to be revised— (A) to strengthen strategic planning and policy direction; (B) to ensure that strategic planning is consistent with national security strategy, policies, and objectives; (C) to ensure that there is a sufficient relationship be- tween strategic planning and the resource levels projected to be available for the period for which the planning is to be effective; (D) to ensure that strategic planning and program devel- opment give sufficient attention to alliances with other nations; (E) to provide for more effective oversight, control, and evaluation of policy, program, and budget execution; and (F) to ensure that past program and budget decisions are effectively evaluated, that such evaluations are supported by consistent, complete, and timely financial and perform- ance data, and that such evaluations are fully considered in the next planning, programming, and budgeting cycle. (3) Whether the major force program categories of the Five- Year Defense Plan could be restructured to better assist decisionmaking and management control. (4) Means to improve and strengthen the oversight function within each element of the Office in policy areas not addressed by the planning, programming, and budgeting system. (5) Factors inhibiting efficient and effective execution of the functions of the Office, including factors relating to— (A) duplication of functions (both within the Office and between the Office and other elements of the Department); (B) insufficient information; and (C) insufficient resources (including personnel). (6) Alternative allocations of authorities and functions of the Office and other reorganization proposals for the Office, includ- ing the desirability of— (A) establishing Under Secretaries of Defense for mission- oriented areas of responsibility; (B) decentralizing functions of the Office; (C) reducing the number of officials reporting directly to the Secretary of Defense; and (D) changing the ratio of members of the Armed Forces to civilian employees in the Office. (7) Whether political appointees in the Office of the Secretary of Defense have sufficient experience and expertise, upon appointment, to be capable of contributing immediately to effec- tive policy formulation and management. (e) ANALYSIS OF CIVIUAN CONTROL.—(1) The Secretary of Defense, in considering under subsection (d)(1)(A) whether effective civilian control of the Department of Defense is best assisted by the current structure of the Office, shall examine the functions performed in the Office by— (A) members of the Armed Forces on the active-duty list; and (B) members of the Armed Forces in a retired status and members of the reserve components who are employed in a civilian capacity. Wages. (2) Such examination shall include a determination of the total number of positions in the Office of the Secretary of Defense above
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1001 grade GS-8 and the military equivalent (as determined by the Secretary of Defense), and of such number— (A) the number of positions held by members of the Armed Forces on the active-duty list, shown for the military equivalent of each civilian pay grade by number and as a percentage of the total number of positions in the Office in the civilian pay grade concerned and in the military equivalent of such civilian pay grade; (B) the number of such positions held by members of the Armed Forces in a retired status who are serving in a civilian capacity, shown for each civilian pay grade in the same manner as provided under clause (A); and (C) the number of such positions held by members of the reserve components who are serving in a civilian capacity, shown for each civilian pay grade in the same manner as provided under clause (A). (3) In determining the total number of positions in the Office of the Secretary of Defense in grades above GS-8, the Secretary shall exclude positions which are primarily clerical or secretarial. (f) INDEPENDENT CONTRACTOR STUDY.—The Secretary shall provide for an independent study to be carried out by a contractor to consider the same matters required to be considered by the Sec- retary under subsection (d). The Secretary shall ensure that the contractor has full access to such information as the contractor requires and that the contractor otherwise receives full cooperation from all officials and entities of the Department of Defense. (g) REPORT TO CONGRESS.—(1) The Secretary of Defense shall submit to Congress a report on the Secretary's study under subsec- tion (a). The report shall include— (A) the findings and conclusions of the Secretary with respect to each of the matters set forth in subsection (d); (B) the findings and statistical determinations required under subsection (e); and (C) any recommendations of the Secretary for organizational changes in the Office of the Secretary of Defense and a descrip- tion of the means for implementing each recommendation. (2) The Secretary shall include with the report a copy of the reports to the Secretary under subsections (b) and (c) and a copy of the report of the independent contractor under subsection (f), to- gether with such comments on each such report as the Secretary considers appropriate. (3) The report under this subsection shall be submitted not later than one year after the date of the enactment of this Act. SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS (a) CONFORMING AMENDMENT FOR OFFICE OF SECRETARY OF DE- FENSE.—Chapter 41 is amended— lO use 7ii et (1) by striking out section 718; and *^9- (2) by striking out the item relating to that section in the table of sections at the beginning of such chapter. (b) REVISION OF OLD SECTION 138.—Section 114 (as transferred and redesignated by section 101(a)) is amended— (1) by striking out the section heading and inserting in lieu thereof the following:
100 STAT. 1002 PUBLIC LAW 99-433—OCT. 1, 1986 10 use 114. "§ 114. Annual authorization of appropriations"; (2) by transferring subsection (h) to the end of section 113 (as transferred and redesignated by section 101(a) and amended by section 102) and redesignating such subsection as subsection (i); (3) by striking out "(as defined in subsection (f))" in subsection (a)(6); (4) by inserting after subsection .(a) the following: "§ 115. Annual authorization of personnel strengths; annual man- power requirements report"; (5) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; (6) by inserting after such subsection (c) (as so redesignated) the JPoUowing: *'§ 116. Annual operations and maintenance report"; (7) by redesignating subsection (e) as subsection (a); (8) by transferring subsection (fKl) to the end of section 114 (as determined by the amendments made by this subsection) and striking out "(fKD" therein and inserting in lieu thereof "(b)"; (9) by striking out "(2) In subsection (e)" and inserting in lieu thereof "(b) In this section"; (10) by striking out "(A) 'Combat" and "(B) 'Major" and inserting in lieu thereof "(1) The term 'combat" and "(2) The term 'major", respectively; and (11) by transferring subsections (g) and (i) to the end of section 114 (as determined by the amendments made by this subsection) and redesignating such subsections as subsections (c) and (d), respectively. (c) TECHNICAL AMENDMENTS.—(1) Section 133 (as redesignated by section 101(a)) is amended by inserting "of Defense" in subsection (a) after "Under Secretary". (2) The heading of chapter 3 is amended to read £is follows: "CHAPTER 3—GENERAL POWERS AND FUNCTIONS". (d) REVISED SECTION HEADINGS.—(1) The heading of section 112 (as redesignated by section 101(a)) is amended to read as follows: "§ 112. Department of Defense: seal". (2) The heading of section 113 (as redesignated by section 101(a)) is amended to read as follows: "§ 113. Secretary of Defense". (3) The heading of section 117 (as redesignated by section 101(a)) is amended to read as follows: "§ 117. Annual report on North Atlantic Treaty Organization readi- ness". (4) The heading of section 127 {as redesignated by section 101(a)) is amended to read as follows: "§ 127. Emergency and extraordinary expenses". (5) The heading of section 128 (as redesignated by section 101(a)) is amended to read as follows:
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1003 "§ 128. Funds transfers for foreign cryptologic support". (6) The heading of section 130 (as redesignated by section 101(a)) is amended to read as follows: "§ 130. Authority to withhold from public disclosure certain tech- nical data". (7) The heading of section 132 (as redesignated by section 101(a)) is amended to read as follows: "§ 132. Deputy Secretary of Defense". (8) The heading of section 133 (as redesignated by section 101(a)) is amended to read as follows: "§ 133. Under Secretary of Defense for Acquisition". (9) The heading of section 136 is amended to read as follows: "§ 136. Assistant Secretaries of Defense". (10) The heading of section 138 (as redesignated by section 101(a)) is amended to read as follows: "§ 138. Director of Operational Test and Evaluation". (11) The heading of section 139 (as redesignated by section 101(a)) is amended to read as follows: "§ 139. General Counsel". (12) The heading of section 2431 (as redesignated by section 101(a)) is amended to read as follows: "§ 2431. Weapons development and procurement schedules". (13) The heading of section 2432 (as redesignated by section 101(a)) is amended to read as follows: "§ 2432. Selected Acquisition Reports". (14) The heading of section 2433 (as redesignated by section 101(a)) is amended to read as follows: "§ 2433. Unit cost reports". (15) The heading of section 2434 (as redesignated by section 101(a)) is amended to read as follows: "§ 2434. Independent cost estimates". (e) CLERICAL AMENDMENTS FOR REORGANIZATION OF CHAPTER 4.— (1) The table of sections at the beginning of chapter 3 is amended by adding at the end the following new items: "127. Emergency and extraordinary expenses. "128. Funds transfers for foreign cryptologic support. "129. Prohibition of certain civilian personnel management constraints. "130. Authority to withhold from public disclosure certain technical data.". (2) The table of sections at the beginning of chapter 4 is amended to read as follows: "Sec. "131. Office of the Secretary of Defense. "132. Deputy Secretary of Defense. "133. Under Secretary of Defense for Acquisition. "134. Under Secretary of Defense for Policy. "135. Director of Defense Research and Engineering.
100 STAT. 1004 PUBLIC LAW 99-433—OCT. 1, 1986 "136. Assistant Secretaries of Defense. "" "137. Comptroller. "138. Director of Operational Test and Evaluation. "139. General Counsel. ' ' "140. Inspector General.". (g) CROSS REFERENCE AMENDMENTS TO TITLE 10.—(1) Section 138(aX2)(B) (as redesignated by section 101(a)) is amended by striking out "section 139a(aXl)" and inserting in lieu thereof "section 2432(aXl)". (2) Section 1621(3) is amended by striking out "section 139a(aXl)" and inserting in lieu thereof "section 2432(aXl)". (3) Section 2305a(d) is amended— (A) by striking out "section 139a(a)" in paragraph (1) and inserting in lieu thereof "section 2432(a)"; and (B) by striking out "section 139a(a)(l)(B)" both places it ap- pears in paragraph (2) and inserting in lieu thereof "section 2432(aXlXB)". (4) Section 2362(eX2) is amended by striking out "section 139a" and inserting in lieu thereof "section 2432". (5) Section 2403(e) is amended by striking out "section 139a" in paragraphs (1) and (2) and inserting in lieu thereof "section 2432". (6) Section 2431 (as redesignated by section 101(a)) is amended by striking out "section 138(a)" in subsection (a) and inserting in lieu thereof "section 114(a)". (7) Section 2432(c) (as redesignated by section 101(a)) is amended by striking out "section 139" in subsection (cXD and inserting in lieu thereof "section 2431". (8) Section 2433 (as redesignated by section 101(a)) is amended— (A) by striking out "section 139a(a)" in subsection (aXD and inserting in lieu thereof "section 2432(a)"; and (B) by striking out "section 139aOt))(3)" in subsection 0^) and inserting in lieu thereof "section 2432(b)(3)". (9) Section 2434(bXl) (as redesignated by section 101(a)) is amended by striking out "section 139a(aXl)" and inserting in lieu thereof "section 2432(aXl)". (10) Section 8062(e) is amended by striking out "section 138" and inserting in lieu thereof "section 114". (h) CROSS REFERENCE AMENDMENTS TO OTHER ACTS.—(1) Section 51(cXl) of the Arms Export Control Act (22 U.S.C. 2795(cXl)) is amended by striking out "section 138(g)" and inserting in lieu thereof "section 114(c)". (2) Section 53(b) of the Arms Export Control Act (22 U.S.C. 2795b03)) is amended by striking out "section 139(a)" and inserting in lieu thereof "section 2431(a)". (3) Section 303(c) of the Internal Security Act of 1950 (50 U.S.C. 833(c)) is amended by striking out "section 133(d)" and inserting in lieu thereof "section 113(d)". TITLE II—MILITARY ADVICE AND COMMAND FUNCTIONS PART A—JOINT CHIEFS OF STAFF SEC. 201. REVISED FUNCTIONS OF CHAIRMAN; ESTABLISHMENT OF VICE CHAIRMAN Chapter 5 is amended to read as follows:
PUBLIC LAW 9 9 - 4 3 3 - O C T . 1, 1986 100 STAT. 1005 "CHAPTER 5—JOINT CHIEFS OF STAFF "Sec. "151. Joint Chiefs of Staff: composition; functions. "152. Chairman: appointment; rank. "153. Chairman: functions. "154. Vice Chairman. "155. Joint Staff. "§ 151. Joint Chiefs of Staff: composition; functions 10 USC 151. "(a) COMPOSITION.—There are in the Department of Defense the Joint Chiefs of Staff, headed by the Chairman of the Joint Chiefs of Staff. The Joint Chiefs of Staff consist of the following: "(1) The Chairman. "(2) The Chief of Staff of the Army. "(3) The Chief of Naval Operations. "(4) The Chief of Staff of the Air Force. "(5) The Commandant of the Marine Corps. "(b) FUNCTION AS MILITARY ADVISERS.—(1) The Chairman of the Joint Chiefs of Staff is the principal military adviser to the Presi- dent, the National Security Council, and the Secretary of Defense. "(2) The other members of the Joint Chiefs of Staff are military advisers to the President, the National Security Council, and the Secretary of Defense as specified in subsections (d) and (e). "(c) CONSULTATION BY CHAIRMAN.—(1) In carrying out his func- tions, duties, and responsibilities, the Chairman shall, as he consid- ers appropriate, consult with and seek the advice of^ "(A) the other members of the Joint Chiefs of Staff; and "(B) the commanders of the unified and specified combatant commands. "(2) Subject to subsection (d), in presenting advice with respect to any matter to the President, the National Security Council, or the Secretary of Defense, the Chairman shall, as he considers appro- priate, inform the President, the National Security Council, or the Secretary of Defense, as the case may be, of the range of military advice and opinion with respect to that matter. "(d) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN.— (1) A member of the Joint Chiefs of Staff (other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Chairman to the President, the National Security Council, or the Secretary of Defense. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time he presents his own advice to the Presi- dent, the National Security Council, or the Secretary of Defense, as the case may be. "(2) The Chairman shall establish procedures to ensure that the presentation of his own advice to the President, the National Secu- rity Council, or the Secretary of Defense is not unduly delayed by reason of the submission of the individual advice or opinion of another member of the Joint Chiefs of Staff. "(e) ADVICE ON REQUEST.—The members of the Joint Chiefs of Staff, individually or collectively, in their capacity as military advis- ers, shall provide advice to the President, the National Security Council, or the Secretary of Defense on a particular matter when the President, the National Security Council, or the Secretary requests such advice.
100 STAT. 1006 PUBLIC LAW 99-433—OCT. 1, 1986 "(f) RECOMMENDATIONS TO CONGRESS.—After first informing the Secretary of Defense, a member of the Joint Chiefs of Staff may make such recommendations to Congress relating to the Depart- ment of Defense as he considers appropriate. "(g) MEETINGS OF JCS.—(1) The Chairman shall convene regular meetings of the Joint Chiefs of Staff. "(2) Subject to the authority, direction, and control of the Presi- dent and the Secretary of Defense, the Chairman shall— "(A) preside over the Joint Chiefs of Staff; "(B) provide agenda for the meetings of the Joint Chiefs of Staff (including, as the Chairman considers appropriate, any subject for the agenda recommended by any other member of the Joint Chiefs of Staff); "(C) assist the Joint Chiefs of Staff in carrying on their business as promptly as practicable; and "(D) determine when issues under consideration by the Joint Chiefs of Staff shall be decided. 10 use 152. "§ 152. Chairman: appointment; rank "(a) APPOINTMENT; TERM OF OFFICE.—(1) There is a Chairman of the Joint Chiefs of Staff, appointed by the President, by and with the advice and consent of the Senate, from the officers of the regular components of the armed forces. The Chairman serves at the pleas- ure of the President for a term of two years, beginning on October 1 of odd-numbered years. Subject to paragraph (3), an officer serving as Chairman may be reappointed in the same manner for two additional terms. However, in time of war there is no limit on the number of reappointments. "(2) In the event of the death, retirement, resignation, or reassign- ment of the officer serving as Chairman before the end of the term for which the officer was appointed, an officer appointed to fill the vacancy shall serve as Chairman only for the remainder of the original term, but may be reappointed as provided in paragraph (1). "(3) An officer m ^ not serve as Chairman or Vice Chairman of the Joint Chiefs of Staff if the combined period of service of such officer in such positions exceeds six years. However, the President may extend to eight years the combined period of service an officer may serve in such positions if he determines such action is in the national interest. The limitations of this paragraph do not apply in time of war. "(b) REQUIREMENT FOR APPOINTMENT.—(1) The President may ap- point an officer as Chairman of the Joint Chiefs of Staff only if the officer has served as— "(A) the Vice Chairman of the Joint Chiefs of Staff; "(B) the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, or the Com- mandant of the Marine Corps; or "(C) the commander of a unified or specified combatant command. "(2) The President may waive paragraph (1) in the case of an officer if the President determines such action is necessary in the national interest. "(c) GRADE AND RANK.—The Chairman, while so serving, holds the grade of general or, in the case of an officer of the Navy, admiral and outranks all other officers of the armed forces. However, he may not exercise military command over the Joint Chiefs of Staff or any of the armed forces.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1007 "§ 153. Chairman: functions 10 USC 153. "(a) PLANNING; ADVICE; POUCY FORMULATION.—Subject to the authority, direction, and control of the President and the Secretary of Defense, the Chairman of the Joint Chiefs of Staff shall be responsible for the following: "(1) STRATEGIC DIRECTION.—Assisting the President and the Secretary of Defense in providing for the strategic direction of the armed forces. "(2) STRATEGIC PLANNING.—(A) Preparing strategic plans, including plans which conform with resource levels projected by the Secretary of Defense to be available for the period of time for which the plans are to be effective. "(B) Preparing joint logistic and mobility plans to support those strategic plans and recommending the assignment of logistic and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans. "(C) Performing net assessments to determine the capabilities of the armed forces of the United States and its allies as compared with those of their potential adversaries. "(3) CONTINGENCY PLANNING; PREPAREDNESS.—(A) Providing for the preparation and review of contingency plans which conform to policy guidance from the President and the Sec- retary of Defense. "(B) Preparing joint logistic and mobility plans to support those contingency plans and recommending the assignment of logistic and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans. "(C) Advising the Secretary on critical deficiencies and strengths in force capabilities (including manpower, logistic, and mobility support) identified during the preparation and review of contingency plans and assessing the effect of such deficiencies and strengths on meeting national security objec- tives and policy and on strategic plans. "(D) Establishing and maintaining, after consultation with the commanders of the unified and specified combatant com- mands, a uniform system of evaluating the preparedness of each such command to carry out missions assigned to the command. "(4) ADVICE ON REQUIREMENTS, PROGRAMS, AND BUDGET.—(A) Advising the Secretary, under section 163(b)(2) of this title, on the priorities of the requirements identified by the commanders of the unified and specified combatant commands. "(B) Advising the Secretary on the extent to which the pro- gram recommendations and budget proposals of the military departments and other components of the Department of De- fense for a fiscal year conform with the priorities established in strategic plans and with the priorities established for the requirements of the unified and specified combatant commands. "(C) Submitting to the Secretary alternative program rec- ommendations and budget proposals, within projected resource levels and guidance provided by the Secretary, in order to achieve greater conformance with the priorities referred to in clause (B). "(D) Recommending to the Secretary, in accordance with section 166 of this title, a budget proposal for activities of each unified and specified combatant command.
100 STAT. 1008 PUBLIC LAW 99-433—OCT. 1, 1986 "(E) Advising the Secretary on the extent to which the major programs and poHcies of the armed forces in the area of man- power conform with strategic plans. "(F) Assessing military requirements for defense acquisition programs. "(5) DOCTRINE, TRAINING, AND EDUCATION.—(A) Developing doctrine for the joint employment of the armed forces. "(B) Formulating policies for the joint training of the armed forces. "(C) Formulating policies for coordinating the military edu- cation and training of members of the armed forces. "(6) OTHER MATTERS.—(A) Providing for representation of the United States on the Military Staff Committee of the United Nations in accordance with the Charter of the United Nations. "(B) Performing such other duties as may be prescribed by law or by the President or the Secretary of Defense. "(b) REPORT ON ASSIGNMENT OF ROLES AND MISSIONS.—(1) Not less than once every three years, or upon the request of the President or the Secretary of Defense, the Chairman shall submit to the Sec- retary of Defense a report containing such recommendations for changes in the assignment of functions (or roles and missions) to the armed forces as the Chairman considers necessary to achieve maxi- mum effectiveness of the armed forces. In preparing each such report, the Chairman shall consider (among other matters) the following: "(A) Changes in the nature of the threats faced by the United States. "(B) Unnecessary duplication of effort among the armed forces. "(C) Changes in technology that can be applied effectively to warfare. "(2) The Chairman shall include in each such report recommenda- tions for such changes in policies, directives, regulations, and legisla- tion as may be necessary to achieve the changes in the assignment of functions recommended by the Chairman. 10 use 154. "§ 154. Vice Chairman "(a) APPOINTMENT.—(1) There is a Vice Chairman of the Joint Chiefs of Staff, appointed by the President, by and with the advice and consent of the Senate, from the officers of the regular compo- nents of the armed forces. "(2) The Chairman and Vice Chairman may not be members of the same armed force. However, the President may waive the restriction in the preceding sentence for a limited period of time in order to provide for the orderly transition of officers appointed to serve in the positions of Chairman and Vice Chairman. "(3) The Vice Chairman serves at the pleasure of the President for a term of two years and may be reappointed in the same manner for two additional terms. However, in time of war there is no limit on the number of reappointments. "(b) REQUIREMENT FOR APPOINTMENT.—(1) The President may ap- point an officer as Vice Chairman of the Joint Chiefs of Staff only if the officer— "(A) has the joint specialty under section 661 of this title; and "(B) has served in at least one joint duty assignment (as defined under section 668(b) of this title) as a general or flag officer.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1009 "(2) The President may waive paragraph (1) in the case of an officer if the President determines such action is necessary in the national interest. "(c) DUTIES.—The Vice Chairman performs such duties as may be prescribed by the Chairman with the approval of the Secretary of Defense. "(d) FUNCTION AS ACTING CHAIRMAN.—When there is a vacancy in the office of Chairman or in the absence or disability of the Chair- man, the Vice Chairman acts as Chairman and performs the duties of the Chairman until a successor is appointed or the absence or disability ceases. "(e) SUCCESSION AFTER CHAIRMAN AND VICE CHAIRMAN.—When there is a vacancy in the offices of both Chairman and Vice Chair- man or in the absence or disability of both the Chairman and the Vice Chairman, or when there is a vacancy in one such office and in the absence or disability of the officer holding the other, the Presi- dent shall designate a member of the Joint Chiefs of Staff to act as and perform the duties of the Chairman until a successor to the Chairman or Vice Chairman is appointed or the absence or disabil- ity of the Chairman or Vice Chairman ceases. "(f) PARTICIPATION IN J C S MEETINGS.—The Vice Chairman may participate in all meetings of the Joint Chiefs of Staff, but may not vote on a matter before the Joint Chiefs of Staff except when acting as Chairman. "(g) GRADE AND RANK.—The Vice Chairman, while so serving, holds the grade of general or, in the case of an officer of the Navy, admiral and outranks all other officers of the armed forces except the Chairman. The Vice Chairman may not exercise military com- mand over the Joint Chiefs of Staff or any of the armed forces. "§ 155. Joint Staff lO use 155. "(a) APPOINTMENT OF OFFICERS TO JOINT STAFF.—(1) There is a Joint Staff under the Chairman of the Joint Chiefs of Staff. The Joint Staff assists the Chairman and, subject to the authority, direction, and control of the Chairman, the other members of the Joint Chiefs of Staff and the Vice Chairman in carrying out their responsibilities. "(2) Officers of the armed forces (other than the Coast Guard) assigned to serve on the Joint Staff shall be selected by the Chair- man in approximately equal numbers from— "(A) the Army; "(B) the Navy and the Marine Corps; and "(C) the Air Force. "(3) Selection of officers of an armed force to serve on the Joint Staff shall be made by the Chairman from a list of officers submitted by the Secretary of the military department having jurisdiction over that armed force. Each officer whose name is submitted shall be among those officers considered to be the most outstanding officers of that armed force. The Chairman may specify the number of officers to be included on any such list. "(b) DIRECTOR.—The Chairman of the Joint Chiefs of Staff, after consultation with the other members of the Joint Chiefs of Staff and with the approval of the Secretary of Defense, may select an officer to serve as Director of the Joint Staff. "(c) MANAGEMENT OF JOINT STAFF.—The Chairman of the Joint Chiefs of Staff manages the Joint Staff and the Director of the Joint Staff. The Joint Staff shall perform such duties as the Chairman
100 STAT. 1010 PUBLIC LAW 99-433—OCT. 1, 1986 prescribes and shall perform such duties under such procedures as the Chairman prescribes. "(d) OPERATION OF JOINT STAFF.—The Secretary of Defense shall ensure that the Joint Staff is independently organized and operated so that the Joint Staff supports the Chairman of the Joint Chiefs of Staff in meeting the congressional purpose set forth in the last clause of section 2 of the National Security Act of 1947 (50 U.S.C. 401) to provide— "(1) for the unified strategic direction of the combatant forces; "(2) for their operation under unified command; and "(3) for their integration into an efficient team of land, naval, and air forces. "(e) PROHIBITION OF FUNCTION AS ARMED FORCES GENERAL STAFF.—The Joint Staff shall not operate or be organized as an overall Armed Forces General Staff and shall have no executive authority. The Joint Staff may be organized and may operate along conventional staff lines. "(f) TOUR OF DUTY OF JOINT STAFF OFFICERS.—(1) An officer who is assigned or detailed to permanent duty on the Joint Staff may not serve for a tour of duty of more than four years. However, such a tour of duty may be extended with the approval of the Secretary of Defense. "(2) In accordance with procedures established by the Secretary of Defense, the Chairman of the Joint Chiefs of Staff may suspend from duty and recommend the reassignment of any officer assigned to the Joint Staff. Upon receipt of such a recommendation, the Secretary concerned shall promptly reassign the officer. "(3) An officer completing a tour of duty with the Joint Staff may not be assigned or detailed to permanent duty on the Joint Staff within two years after relief from that duty except with the ap- proval of the Secretary. "(4) Paragraphs (1) and (3) do not apply— "(A) in time of war; or "(B) during a national emergency declared by the President. "(g) LIMITATION ON SIZE OF JOINT STAFF.—(1) Effective on October 1, 1988, the total number of members of the armed forces and civilian personnel assigned or detailed to permanent duty on the Joint Staff may not exceed 1,627. "(2) Paragraph (1) does not apply— "(A) in time of war; or "(B) during a national emergency declared by Congress. "(h) COMPOSITION OF JOINT STAFF.—(1) The Joint Staff is composed of all members of the armed forces and civilian employees assigned or detailed to permanent duty in the executive part of the Depart- ment of Defense to perform the functions and duties prescribed under subsections (a) and (c). "(2) The Joint Staff does not include members of the armed forces or civilian employees assigned or detailed to permanent duty in a military department.". SEC. 202. PROVISIONS RELATING TO VICE CHAIRMAN (a) EXEMPTION OF VICE CHAIRMAN FROM 4-STAR GRADE LIMITA- 10 use 525. TiON.—Section 525(b)(3) is amended by inserting "or Vice Chairman" after "Chairman". (b) RANK OF VICE CHAIRMAN.—Section 743 is amended— (1) by striking out "and" after "Chief of Naval Operations,";
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1011 (2) by inserting ", and the Commandant of the Marine Corps" after "Air Force"; and (3) by inserting "and the Vice Chairman" after "Chairman". SEC. 203. PARTICIPATION IN NATIONAL SECURITY COUNCIL MEETINGS Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is amended by adding at the end the following new subsection: "(e) The Chairman (or in his absence the Vice Chairman) of the Joint Chiefs of Staff may, in his role as principal military adviser to '' * the National Security Council and subject to the direction of the President, attend and participate in meetings of the National Secu- rity Council.". SEC. 204. TRANSITION (a) PREPAREDNESS EVALUATION SYSTEM.—The uniform system of iousci53note. evaluating the preparedness of each unified and specified combatant command required to be established by paragraph (3XD) of section 153(a) of title 10, United States Code, as added by section 201 of this Act, shall be established not later than one year after the date of the enactment of this Act. (b) DATE FOR FIRST REPORT.—The first report under section 153(b) 10 USC153 note. of title 10, United States Code, as added by section 201 of this Act, shall be submitted by the Chairman of the Joint Chiefs of Staff not later than two years after the date of the enactment of this Act. (c) WAIVER OF QUAUFICATIONS FOR APPOINTMENT AS VICE CHAIR- ID use 154 note. MAN OF JCS.—(1) The President may waive, as provided in para- graph (2), the requirements provided for in section 154(b) of title 10, United States Code (as added by section 201 of this Act), relating to requirements for appointment of an officer as Vice Chairman of the Joint Chiefs of Staff. (2) In exercising such waiver authority, the President may— (A) waive the requirement that the officer have the joint specialty; (B) waive the requirement under section 664 of such title (as added by section 401 of this Act) for the length of a joint duty assignment if the officer has served in such an assignment for not less than two years; and (C) consider as a joint duty assignment any tour of duty - served by the officer as a general or flag officer before the date of the enactment of this Act (or being served on the date of the enactment of this Act) that was considered to be a joint duty assignment or a joint equivalent assignment under regulations in effect at the time the assignment began. (3XA) A waiver under paragraph (2XA) may not be made more than two years after the date of the enactment of this Act. (B) A waiver under paragraph (2XB) or (2XC) may not be made more than four years after the date of the enactment of this Act. PART B—COMBATANT COMMANDS SEC. 211. ESTABLISHMENT OF COMBATANT COMMANDS AND AUTHORITY OF COMMANDERS (a) IN GENERAL.—Part I of subtitle A is amended by inserting after lo use loi et chapter 5 the following new chapter: seq.
100 STAT. 1012 PUBLIC LAW 99-433—OCT. 1, 1986 "CHAPTER 6—COMBATANT COMMANDS "Sec. "161. Combatant commands: establishment. "162. Combatant commands: assigned forces; chain of command. . "163. Role of Chairman of Joint Chiefs of Staff. "164. Commanders of combatant commands: assignment; powers and duties. "165. Combatant commands: administration and support. "166. Combatant commands: budget proposals. 10 use 161. "§ 161. Combatant commands: establishment President of U.S. "(a) UNIFIED AND SPECIFIED COMBATANT COMMANDS.—With t h e advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall— "(1) establish unified combatant commands and specified combatant commands to perform military missions; and "(2) prescribe the force structure of those commands. "(b) PERIODIC REVIEW.—(1) The Chairman periodically (and not less often than every two years) shall— "(A) review the missions, responsibilities (including geo- graphic boundaries), and force structure of each combatant command; and "(B) recommend to the President, through the Secretary of Defense, any changes to such missions, responsibilities, and force structures as may be necessary. President of U.S. "(2) Except during time of hostilities or imminent threat of hos- tilities, the President shall notify Congress not more than 60 days after— "(A) establishing a new combatant command; or "(B) significantly revising the missions, responsibilities, or force structure of an existing combatant command. "(c) DEFINITIONS.—In this chapter: "(1) The term 'unified combatant command' means a military command which has broad, continuing missions and which is composed of forces from two or more militarv departments. "(2) The term 'specified combatant command means a mili- tary command which has broad, continuing missions and which is normally composed of forces from a single military depart- ment. "(3) The term 'combatant command' means a unified combat- ant command or a specified combatant command. "§ 162. Combatant commands: assigned forces; chain of command "(a) ASSIGNMENT OF FORCES.—(1) Except as provided in paragraph (2), the Secretaries of the military departments shall assign all forces under their jurisdiction to unified and specified combatant commands to perform missions Eissigned to those commands. Such assignments shall be made as directed by the Secretary of Defense, including direction as to the command to which forces are to be assigned. The Secretary of Defense shall ensure that such assign- ments are consistent with the force structure prescribed by the President for each combatant command. "(2) Except as otherwise directed by the Secretary of Defense, forces to be assigned by the Secretaries of the military departments to the combatant commands under paragraph (1) do not include forces assigned to carry out functions of the Secretary of a military department listed in sections 3013(b), 5013(b), and 8013(b) of this title.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1013 "(3) A force assigned to a combatant command under this section may be transferred from the command to which it is assigned only— "(A) by authority of the Secretary of Defense; and "(B) under procedures prescribed by the Secretary and ap- proved by the President. "(4) Except as otherwise directed by the Secretary of Defense, all forces operating within the geographic area assigned to a unified combatant command shall be assigned to, and under the command of, the commander of that command. The preceding sentence applies to forces assigned to a specified combatant command only as pre- scribed by the Secretary of Defense. "(b) CHAIN OF COMMAND.—Unless otherwise directed by the Presi- dent, the chain of command to a unified or specified combatant command runs— "(1) from the President to the Secretary of Defense; and "(2) from the Secretary of Defense to the commander of the combatant command. "§ 163. Role of Chairman of Joint Chiefs of Staff 10 use 163. "(a) COMMUNICATIONS THROUGH CHAIRMAN OF J C S ; ASSIGNMENT OF DUTIES.—Subject to the limitations in section 152(c) of this title, the President may— "(1) direct that communications between the President or the Secretary of Defense and the commanders of the unified and specified combatant commands be transmitted through the Chairman of the Joint Chiefs of Staff; and "(2) assign duties to the Chairman to assist the President and the Secretary of Defense in performing their command function. "(b) OVERSIGHT BY CHAIRMAN OF JOINT CHIEFS OF STAFF.—(1) The Secretary of Defense may assign to the Chairman of the Joint Chiefs of Staff responsibility for overseeing the activities of the combatant commands. Such assignment by the Secretary to the Chairman does not confer any command authority on the Chairman and does not alter the responsibility of the commanders of the combatant com- mands prescribed in section 164(bX2) of this title. "(2) Subject to the authority, direction, and control of the Sec- retary of Defense, the Chairman of the Joint Chiefs of Staff serves as the spokesman for the commanders of the combatant commands, especially on the operational requirements of their commands. In performing such function, the Chairman shall— "(A) confer with and obtain information from the com- manders of the combatant commands with respect to the requirements of their commands; "(B) evaluate and integrate such information; "(C) advise and make recommendations to the Secretary of Defense with respect to the requirements of the combatant commands, individually and collectively; and "(D) communicate, as appropriate, the requirements of the combatant commands to other elements of the Department of Defense. "§ 164. Commanders of combatant commands: assignment; powers and duties "(a) ASSIGNMENT AS COMBATANT COMMANDER.—(1) The President may assign an officer to serve as the commander of a unified or specified combatant command only if the officer— "(A) h£is the joint specialty under section 661 of this title; and
100 STAT. 1014 PUBLIC LAW 99-433—OCT. 1, 1986 "(B) has served in at least one joint duty assignment (as defined under section 668(b) of this title) as a general or flag officer. "(2) The President may waive paragraph (1) in the case of an officer if the President determines that such action is necessary in the national interest. "(b) RESPONSIBILITIES OF COMBATANT COMMANDERS.—(1) The com- mander of a combatant command is responsible to the President and to the Secretary of Defense for the performance of missions assigned to that command by the President or by the Secretary with the approval of the President. "(2) Subject to the direction of the President, the commander of a combatant command— "(A) performs his duties under the authority, direction, and control of the Secretary of Defense; and "(B) is directly responsible to the Secretary for the prepared- ness of the command to carry out missions assigned to the command. "(c) COMMAND AUTHORITY OF COMBATANT COMMANDERS.—(1) Unless otherwise directed by the President or the Secretary of Defense, the authority, direction, and control of the commander of a combatant command with respect to the commands and forces assigned to that command include the command functions of— "(A) giving authoritative direction to subordinate commands and forces necessary to carry out missions assigned to the command, including authoritative direction over all aspects of military operations, joint training, and logistics; "(B) prescribing the chain of command to the commands and forces within the command; "(C) organizing commands and forces within that command as he considers necessary to carry out missions assigned to the command; "(D) employing forces within that command as he considers necessary to carry out missions assigned to the command; "(E) assigning command functions to subordinate com- manders; "(F) coordinating and approving those aspects of administra- tion and support (including control of resources and equipment, internal organization, and training) and discipline necessary to carry out missions assigned to the' command; and "(G) exercising the authority with respect to selecting subordinate commanders, selecting combatant command staf^ suspending subordinates, and convening courts-martial, as pro- vided in subsections (e), (f), and (g) of this section and section 822(a) of this title, respectively. "(2)(A) The Secretary of Defense shall ensure that a commander of a combatant command has sufficient authority, direction, and con- trol over the commands and forces assigned to the command to exercise effective command over those commands and forces. In carrying out this subparagraph, the Secretary shall consult with the Chairman of the Joint Chiefs of Staff. "(B) The Secretary shall periodically review and, after consulta- tion with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the commander of the combatant command, assign authority to the commander of the combatant command for those aspects of administration and support that the
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1015 Secretary considers necessary to carry out missions assigned to the command. "(3) If a commander of a combatant command at any time consid- ers his authority, direction, or control with respect to any of the commands or forces assigned to the command to be insufficient to command effectively, the commander shall promptly inform the Secretary of Defense. "(d) AUTHORITY OVER SUBORDINATE COMMANDERS.—Unless other- wise directed by the President or the Secretary of Defense— \ i "(1) commanders of commands and forces assigned to a combatant command are under the authority, direction, and i control of, and are responsible to, the commander of the combat- ant command on all matters for which the commander of the i combatant command has been assigned authority under subsec- tion (c); » "(2) the commander of a command or force referred to in clause (1) shall communicate with other elements of the Depart- ment of Defense on any matter for which the commander of the combatant command has been assigned authority under subsec- tion (c) in accordance with procedures, if any, established by the commander of the combatant command; f' "(3) other elements of the Department of Defense shall communicate with the commander of a command or force re- ferred to in clause (1) on any matter for which the commander of the combatant command has been assigned authority under subsection (c) in accordance with procedures, if any, established by the commander of the combatant command; and "(4) if directed by the commander of the combatant command, b the commander of a command or force referred to in clause (1) shall advise the commander of the combatant command of all communications to and from other elements of the Department of Defense on any matter for which the commander of the combatant command has not been assigned authority under subsection (c). "(e) SELECTION OF SUBORDINATE COMMANDERS.—(1) An officer may be assigned to a position as the commander of a command directly subordinate to the commander of a combatant command or, in the CEise of such a position that is designated under section 601 of this title as a position of importance and responsibility, may be rec- 10 use 601. ommended to the President for assignment to that position, only— "(A) with the concurrence of the commander of the combatant command; and "(B) in accordance with procedures established by the Sec- retary of Defense. "(2) The Secretary of Defense may waive the requirement under paragraph (1) for the concurrence of the commander of a combatant command with regard to the assignment (or recommendation for assignment) of a particular officer if the Secretary of Defense deter- mines that such action is in the national interest. "(3) The commander of a combatant command shall— "(A) evaluate the duty performance of each commander of a command directly subordinate to the commander of such combatant command; and "(B) submit the evaluation to the Secretary of the military s department concerned and the Chairman of the Joint Chiefs of Staff.
100 STAT. 1016 PUBLIC LAW 99-433—OCT. 1, 1986 "(f) COMBATANT COMMAND STAFF.—(1) Each unified and specified combatant command shall have a staff to assist the commander of the command in carrying out his responsibilities. Positions of responsibility on the combatant command staff shall be filled by officers from each of the armed forces having significant forces assigned to the command. "(2) An officer may be assigned to a position on the staff of a combatant command or, in the case of such a position that is 10 use 601. designated under section 601 of this title as a position of importance and responsibility, may be recommended to the President for assign- ment to that position, only— "(A) with the concurrence of the commander of such com- mand; and "(B) in accordance with procedures established by the Secretary of Defense. "(3) The Secretary of Defense may waive the requirement under paragraph (2) for the concurrence of the commander of a combatant command with regard to the assignment (or recommendation for assignment) of a particular officer to serve on the staff of the combatant command if the Secretary of Defense determines that such action is in the national interest. "(g) AUTHORITY To SUSPEND SUBORDINATES.—In accordance with procedures established by the Secretary of Defense, the commander of a combatant command may suspend from duty and recommend the reassignment of any officer assigned to such combatant command. "§ 165. Combatant commands: administration and support "(a) IN GENERAL.—The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide for the administration and support of forces assigned to each combatant command. "(b) RESPONSIBILITY OF SECRETARIES OF MIUTARY DEPARTMENTS.— Subject to the authority, direction, and control of the Secretary of Defense and subject to the authority of commanders of the combat- ant commands under section 164(c) of this title, the Secretary of a military department is responsible for the administration and sup- port of forces assigned by him to a combatant command. "(c) ASSIGNMENT OF RESPONSIBILITY TO OTHER COMPONENTS OF DOD.—After consultation with the Secretaries of the military departments, the Secretary of Defense may assign the responsibility (or any part of the responsibility) for the administration and support of forces assigned to the combatant commands to other components of the Department of Defense (including Defense Agencies and combatant commands). A component assigned such a responsibility shall discharge that responsibility subject to the authority, direc- tion, and control of the Secretary of Defense and subject to the authority of commanders of the combatant commands under section 164(c) of this title. "§ 166. Combatant commands: budget proposals "(a) COMBATANT COMMAND BUDGETS.—The Secretary of Defense shall include in the annual budget of the Department of Defense submitted to Congress a separate budget proposal for such activities of each of the unified and specified combatant commands as may be determined under subsection (b).
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1017 "(b) CONTENT OF PROPOSALS.—A budget proposal under subsection (a) for funding of activities of a combatant command shall include funding proposals for such activities of the combatant command as the Secretary (after consultation with the Chairman of the Joint Chiefs of Staff) determines to be appropriate for inclusion. Activities of a combatant command for which funding may be requested in such a proposal include the following: "(1) Joint exercises. "(2) Force training. "(3) Contingencies. "(4) Selected operations.". (b) COURT-MARTIAL JURISDICTION.—Section 822(a) (article 22(a) of the Uniform Code of Military Justice) is amended— lO use 822. (1) by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively; and (2) by inserting after paragraph (1) the following new para- ;*; i-u graphs (2) and (3): "(2) the Secretary of Defense; "(3) the commanding officer of a unified or specified com- batant command;". (c) REPEAL OF SECTION 124.—(1) Section 124 is repealed. (2) The table of sections at the beginning of chapter 3 is amended ^ . ^ by striking out the item relating to that section. ''^"''"""' SEC. 212. INITIAL REVIEW OF COMBATANT COMMANDS 10 USC 161 note. (a) MATTERS To B E CONSIDERED.—The first review of the missions, responsibilities (including geographic boundaries), and force struc- ture of the unified and specified combatant commands under section 161(b) of title 10, United States Code, as added by section 211 of this Act, shall include consideration of the following: ^,, >^. (1) Creation of a unified combatant command for strategic missions which would combine— (A) the missions, responsibilities, and forces of the Strate- gic Air Command; , ,^ (B) the strategic missions, responsibilities, and forces of the Army and Navy; and (C) other appropriate strategic missions, responsibilities, and forces of the warmed forces. (2) Creation of a unified combatant command for special operations missions which would combine the special operations missions, responsibilities, and forces of the armed forces. (3) Creation of a unified combatant command for transpor- tation missions which would combine the transportation mis- sions, responsibilities, and forces of the Military Traffic Management Command, the Military Sealift Command, and the Military Airlift Command. (4) Creation of a unified combatant command for missions Asia. relating to defense of Northeast Asia. (5) Revision of the geographic area for which the United States Central Command has responsibility so as to include— (A) the ocean areas adjacent to Southwest Asia; and Asia. (B) the region of the Middle East that is assigned to the Middle East. United States European Command. (6) Revision of the geographic area for which the United Central States Southern Command has responsibility so as to include America. the ocean areas adjacent to Central America.
100 STAT. 1018 PUBLIC LAW 99-433—OCT. 1, 1986 Alaska. (7) Revision of the geographic area for which the United States Pacific Command has responsibility so as to include all of the State of Alaska. (8) Revision of the missions and responsibilities of the United States Readiness Command so as to include— (A) an enhanced role in securing the borders of the United States; and (B) assignment of regions of the world not assigned as part of the geographic area of responsibility of any other unified combatant command. (9) Revision of the division of missions and responsibilities between the United States Central Command and the United States Readiness Command. (10) Elimination of the command designated as United States Forces, Caribbean. Reports. (b) DEADLINE.—The first report to the President under such sec- tion shall be made not later than one year after the date of the enactment of this Act. SEC. 213. REPEAL OF CERTAIN LIMITATIONS ON COMMAND STRUCTURE (a) PROHIBITION AGAINST CONSOLIDATING FUNCTIONS OF THE MILI- TARY TRANSPORTATION COMMANDS.—Section 1110 of the Department 10 u s e 133 note. of Defense Authorization Act, 1983 (Public Law 97-252; 96 Stat. 747), is repealed. (b) PROHIBITION AGAINST ALTERING COMMAND STRUCTURE FOR MILITARY FORCES IN ALASKA.—Section 8106 of the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99-190 (99 Stat. 1221)), is repealed. SEC. 214. TRANSITION 10 u s e 162 note. (a) ASSIGNMENT OF FORCES TO COMBATANT COMMANDS.—Section 162(a) of title 10, United States Code (as added by section 211 of this Act), shall be implemented not later than 90 days after the date of the enactment of this Act. 10 u s e 164 note. (b) WAIVER OF QUALIFICATIONS FOR ASSIGNMENT AS COMBATANT COMMANDER.—(1) The President may waive, as provided in para- graph (2), the requirements provided for in section 164(a) of title 10, United States Code (as added by section 201 of this Act), relating to the assignment of commanders of the combatant commands. (2) In exercising such waiver authority, the President may, in the case of any officer— (A) waive the requirement that the officer have the joint specialty; (B) waive the requirement under section 664 of such title (as added by section 401 of this Act) for the length of a joint duty assignment if the officer has served in such an assignment for not less than two years; and (C) consider as a joint duty assignment any tour of duty served by the officer as a general or flag officer before the date of the enactment of this Act (or being served on the date of the enactment of this Act) that was considered to be a joint duty assignment or a joint equivalent assignment under regulations in effect at the time the assignment began. (3)(A) A waiver under paragraph (2)(A) may not be made more than two years after the date of the enactment of this Act. (B) A waiver under paragraph (2XB) or (2)(C) may not be made more than four years after the date of the enactment of this Act.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1019 (4) A waiver under this subsection may be made only on a case-by- case basis. (c) SELECTION AND SUSPENSION FROM DUTY OF SUBORDINATE OFFI- Effective date. CERS.—Subsections (e), (f), and (g) of section 164 of title 10, United 10 u s e 164 note. States Code (as added by section 211 of this Act), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act, or on such earlier date as may be prescribed by the Secretary of Defense. (d) BUDGET PROPOSALS.—Section 166 of title 10, United States Code Effective date. (as added by section 211 of this Act), shall take effect with budget 10 u s e 166 note. proposals for fiscal year 1989. TITLE III—DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES SEC. 301. ESTABLISHMENT AND MANAGEMENT OF DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES (a) IN GENERAL.—Chapter 8 is amended— (1) by redesignating section 191 as section 201; and (2) by striking out the chapter heading and the table of sections at the beginning of such chapter and inserting in lieu thereof the following: "CHAPTER 8—DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES "Subchapter Sec. " I. Common Supply and Service Activities 191 "II. Miscellaneous Defense Agency Matters 201 "SUBCHAPTER I—COMMON SUPPLY AND SERVICE ACTIVITIES 'Sec. '191. Secretary of Defense: authority to provide for common performance of supply or service activities. '192. Defense Agencies and Department of Defense Field Activities: oversight by the Secretary of Defense. '193. Combat support agencies: oversight. '194. Limitations on personnel. "§ 191. Secretary of Defense: authority to provide for common 10 u s e 191. performance of supply or service activities "(a) AUTHORITY.—Whenever the Secretary of Defense determines such action would be more effective, economical, or efficient, the Secretary may provide for the performance of a supply or service activity that is common to more than one military department by a single agency of the Department of Defense. "(b) DESIGNATION OF COMMON SUPPLY OR SERVICE AGENCY.—Any agency of the Department of Defense established under subsection (a) (or under the second sentence of section 125(d) of this title (as in effect before the date of the enactment of the Goldwater-Nichols Department of Defense Reorganization Act of 1986)) for the perform- ance of a supply or service activity referred to in such subsection shall be designated as a Defense Agency or a Department of Defense Field Activity.
100 STAT. 1020 PUBLIC LAW 99-433—OCT. 1, 1986 10 use 192. "§ 192. Defense Agencies and Department of Defense Field Activi- ties: oversight by the Secretary of Defense "(a) OVERALL SUPERVISION.—(1) The Secretary of Defense shall assign responsibility for the overall supervision of each Defense Agency and Department of Defense Field Activity designated under section 191(b) of this title— "(A) to a civilian officer within the Office of the Secretary of Defense listed in section 131(b) of this title; or "(B) to the Chairman of the Joint Chiefs of Staff. "(2) An official assigned such a responsibility with respect to a Defense Agency or Department of Defense Field Activity shall advise the Secretary of Defense on the extent to which the program recommendations and budget proposals of such agency or activity conform with the requirements of the military departments and of the unified and specified combatant commands. "(3) This subsection does not apply to the Defense Intelligence Agency or the National Security Agency. "(b) PROGRAM AND BUDGET REVIEW.—The Secretary of Defense shall establish procedures to ensure that there is full and effective review of the program recommendations and budget proposals of each Defense Agency and Department of Defense Field Activity. "(c) PERIODIC REVIEW.—(1) Periodically (and not less often than every two years), the Secretary of Defense shall review the services and supplies provided by each Defense Agency and Department of Defense Field Activity to ensure that— "(A) there is a continuing need for each such agency and activity; and "(B) the provision of those services and supplies by each such agency and activity, rather than by the military departments, is a more effective, economical, or efficient manner of providing those services and supplies or of meeting the requirements for combat readiness of the armed forces. "(2) Paragraph (1) shall apply to the National Security Agency as determined appropriate by the Secretary, in consultation with the Director of Central Intelligence. The Secretary shall establish proce- dures under which information required for review of the National Security Agency shall be obtained. "§ 193. Combat support agencies: oversight Reports. , M "(a) COMBAT READINESS.—(1) Periodically (and not less often than every two years), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense a report on the combat support agencies. Each such report shall include— "(A) a determination with respect to the responsiveness and readiness of each such agency to support operating forces in the event of a war or threat to national security; and "(B) any recommendations that the Chairman considers appropriate. "(2) In preparing each such report, the Chairman shall review the plans of each such agency with respect to its support of operating forces in the event of a war or threat to national security. After consultation with the Secretaries of the military departments and the commanders of the unified and specified combatant commands, as appropriate, the Chairman may, with the approval of the Sec- retary of Defense, take steps to provide for any revision of those plans that the Chairman considers appropriate.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1021 "(b) PARTICIPATION IN JOINT TRAINING EXERCISES.—The Chairman shall— "(1) provide for the participation of the combat support agen- cies in joint training exercises to the extent necessary to ensure that those agencies are capable of performing their support missions with respect to a war or threat to national security; and "(2) assess the performance in joint training exercises of each such agency and, in accordance with guidelines established by the Secretary of Defense, take steps to provide for any change that the Chairman considers appropriate to improve that performance. "(c) READINESS REPORTING SYSTEM.—The Chairman shall develop. Reports. in consultation with the director of each combat support agency, a uniform system for reporting to the Secretary of Defense, the commanders of the unified and specified combatant commands, and the Secretaries of the military departments concerning the readi- ness of each such agency to perform with respect to a war or threat to national security. "(d) REVIEW OF NATIONAL SECURITY AGENCY.—(1) Subsections (a), (b), and (c) shall apply to the National Security Agency, but only with respect to combat support functions the Agency performs for the Department of Defense. "(2) The Secretary, after consulting with the Director of Central Intelligence, shall establish policies and procedures with respect to the application of subsections (a), (b), and (c) to the National Security Agency. "(e) COMBAT SUPPORT CAPABILITIES OF D I A AND N S A . — T h e Sec- retary of Defense, in consultation with the Director of Central •'^' ' **«^ Intelligence, shall develop and implement, as they may determine to be necessary, policies and programs to correct such deficiencies as the Chairman of the Joint Chiefs of Staff and other officials of the Department of Defense may identify in the capabilities of the Defense Intelligence Agency and the National Security Agency to accomplish assigned missions in support of military combat operations. "(f) DEFINITION OF COMBAT SUPPORT AGENCY.—In this section, the term 'combat support agency' means any of the following Defense Agencies: "(1) The Defense Communications Agency. "(2) The Defense Intelligence Agency. "(3) The Defense Logistics Agency. "(4) The Defense Mapping Agency. "(5) Any other Defense Agency designated- as a combat sup- port agency by the Secretary of Defense. "§ 194. Limitations on personnel 10 USC 194. "(a) CAP ON HEADQUARTERS MANAGEMENT PERSONNEL.—After September 30, 1989, the total number of members of the armed forces and civilian employees assigned or detailed to permanent duty in the management headquarters activities or management headquarters support activities in the Defense Agencies and Depart- ment of Defense Field Activities may not exceed the number that is the number of such members and employees assigned or detailed to such duty on September 30,1989. "(b) CAP ON OTHER PERSONNEL.—After September 30, 1989, the total number of members of the armed forces and civilian employees
100 STAT. 1022 PUBLIC LAW 99-433—OCT. 1, 1986 assigned or detailed to permanent duty in the Defense Agencies and Department of Defense Field Activities, other than members and employees assigned to management headquarters activities or management headquarters support activities, may not exceed the number that is the number of such members and employees as- signed or detailed to such duty on September 30,1989. "(c) PROHIBITION AGAINST CERTAIN ACTIONS TO EXCEED LIMITA- TIONS.—The limitations in subsections (a) and (b) may not be ex- ceeded by recategorizing or redefining duties, functions, offices, or organizations. "(d) EXCLUSION OF N S A . — T h e National Security Agency shall be excluded in computing and maintaining the limitations required by q I this section. "(e) WAIVER.—The limitations in this section do not apply— "(1) in time of war; or "(2) during a national emergency declared by Congress. "(f) DEFINITIONS.—In this section, the terms 'management head- quarters activities' and 'management headquarters support activi- ties' have the meanings given those terms in Department of Defense Directive 5100.73, entitled 'Department of Defense Management Headquarters and Headquarters Support Activities' and dated Janu- a r y ? , 1985. . , "SUBCHAPTER II—MISCELLANEOUS DEFENSE AGENCY MATTERS "Sec. "201. Unauthorized use of Defense Intelligence Agency name, initials, or seal.". Ante, p. 996. (b) CONFORMING AMENDMENTS.—(1) Section 125 is amended by striking out subsection (d). Ante, p. 996; (2) Subsection (cX2) of section 113 (as redesignated by section post, p. 1075. 101(a)) is amended by striking out "section 125" and inserting in lieu thereof "sections 125 and 19r'. SEC. 302. DEFINITIONS OF DEFENSE AGENCY AND DEPARTMENT OF DE- FENSE FIELD ACTIVITY Ante, p. 703. Section 101 is amended by adding at the end the following new paragraphs: "(44) 'Defense Agency' means an organizational entity of the Department of Defense— "(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before the date of the ^.. enactment of the Goldwater-Nichols Department of Defense Reorganization Act of 1986)) to perform a supply or service activity common to more than one military department ;. f BlJOf (other than such an entity that is designated by the Sec- I *^ retary as a Department of Defense Field Activity); or "(B) that is designated by the Secretary of Defense as a Defense Agency. "(45) 'Department of Defense Field Activity' means an organizational entity of the Department of Defense— "(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before the date of the sii enactment of the Goldwater-Nichols Department of Defense
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1023 Reorganization Act of 1986)) to perform a supply or service activity common to more than one military department; and "(B) that is designated by the Secretary of Defense as a •^^ Department of Defense Field Activity.". SEC. 303. REASSESSMENT OF DEFENSE AGENCIES AND DOD FIELD 10 USC191 note. ACTIVITIES (a) SECRETARY OF DEFENSE.—(1) The Secretary of Defense shall conduct a study of the functions and organizational structure of the Defense Agencies and Department of Defense Field Activities. The study shall determine the most effective, economical, or efficient means of providing supply or service activities common to more than one military department, after considering the matters set forth in subsection (d) and the reports submitted under subsec- tion (b). (2) To the extent that the most effective, economical, or efficient means of providing those activities is determined under paragraph (1) to be the existing Defense Agency and Department of Defense Field Activity structure, the study shall analyze methods to improve the performance and responsiveness of Defense Agencies and Department of Defense Field Activities with respect to the entities to which they provide supplies and services, particularly with regard to the unified and specified combatant commands. (b) SERVICE SECRETARIES AND CHAIRMAN OF THE JCS.—The Sec- retaries of the military departments and the Chairman of the Joint Chiefs of Staff shall each conduct a study of the functions and organizational structure of the Defense Agencies and Department of Defense Field Activities. The Secretaries and Chairman shall each Reports. submit a report to the Secretary of Defense on such study at a time specified by the Secretary. Each such report shall include a discus- sion of and recommendations concerning each matter set forth in subsection (d). (c) NATIONAL SECURITY AGENCY.—This section shall apply to the National Security Agency as determined appropriate by the Sec- retary of Defense, in consultation with the Director of Central Intelligence. The Secretary shall establish procedures under which information required for review of the National Security Agency shall be obtained. (d) MATTERS CONSIDERED.—The studies required by subsections (a) and (b) shall consider the following matters: (1) Whether the existing allocation of functions to, and organizational structure of, the Defense Agencies and Depart- ment of Defense Field Activities meet the statutory require- ment of providing a supply or service activity common to more than one military department in a more effective, economical, or efficient manner. (2) Alternative allocations of authority and functions assigned to the Defense Agencies and Department of Defense Field Activities, including— (A) various possible redistributions of responsibilities among those agencies and activities; (B) transfer of the responsibility for those functions to— (i) the Secretaries of the military departments; (ii) the appropriate officers in the Office of the Sec- ' ^ > retary of Defense; (iii) the Chairman of the Joint Chiefs of Staff; or
100 STAT. 1024 PUBLIC LAW 99-433—OCT. 1, 1986 (iv) the commanders of unified or specified combatant commands; (C) creation of new Defense Agencies or Department of Defense Field Activities; (D) consolidation of two or more such agencies and activities; ' ' ' (E) elimination of any such agency or activity; and (F) other organizational changes in the Department of Defense designed to make the performance of those func- tions more effective, economical, or efficient. (3) Whether the requirements of the amendments made by section 301 will have the effect of ensuring the readiness and responsiveness of the Defense Agencies in the event of a war or threat to national security and whether any additional legisla- tion is necessary to ensure such readiness and responsiveness. (4) Additional legislative or administrative actions that the Secretary considers necessary to ensure effective oversight of Defense Agency and Department of Defense Field Activity re- source management, personnel policies, and budget procedures and to clarify supervisory responsibilities. (5) Whether the findings and recommendations of the report of March 1979 entitled "Report to the Secretary of Defense of the Defense Agency Review" and directed by Major General Theodore Antonelli, United States Army (Retired), should be the basis for additional legislative or administrative actions. (e) REPORT.—The Secretary of Defense shall submit to Congress a report that includes the following: (1) A report on the study required by subsection (a) that includes— (A) a discussion of and recommendations concerning each matter set forth in subsection (d); and (B) a discussion of the reports required by subsection (b). (2) A copy of each report required by subsection (b). (3) A study of the improved application of computer systems to functions of Defense Agencies and Department of Defense Field Activities, including a plan for the rapid replacement, where necessary, of existing automated data processing equip- ment with new equipment. (4) Plans to achieve reductions in the total number of mem- bers of the Armed Forces and civilian employees assigned or detailed to permanent duty in the Defense Agencies and Depart- ment of Defense Field Activities (other than the National Secu- rity Agency) by 5 percent, 10 percent, and 15 percent of the total number of such members and employees projected to be as- signed or detailed to such duty on September 30, 1988, together with a discussion of the implications of each such reduction and a draft of any legislation that would be required to implement each such plan. (f) DEADLINE FOR SUBMISSION.—The report required by subsection (e) shall be submitted not later than one year after the date of the enactment of this Act. SEC. 304. TRANSITION 10 u s e 192 note. (a) SECRETARY OF DEFENSE REVIEW OF DEFENSE AGENCIES.—The first review under section 192(c) of title 10, United States Code (as added by section 301(a)), shall be completed not later than two years
PUBLIC LAW 9 9 - 4 3 3 - O C T . 1, 1986 100 STAT. 1025 after the date that the report under section 303(e) is required to be submitted to Congress. (b) REPORT AND OTHER ACTIONS BY CHAIRMAN OF JCS.—The first lO use 193 note. report under subsection (a) of section 193 of such title (as added by section 301(a)) shall be submitted, and subsections (b) and (c) of such section shall be implemented, not later than one year after the date of the enactment of this Act. The Secretary of Defense shall provide a report on the implementation of such subsections (b) and (c) in the report of the Secretary submitted to Congress for 1988 under section 113(c) of title 10, United States Code (as redesignated by section 101(a)). TITLE IV—JOINT OFFICER PERSONNEL POLICY SEC. 401. JOINT OFFICER MANAGEMENT (a) ESTABUSHMENT OF JOINT OFFICER MANAGEMENT POLICIES.— Part II of subtitle A is amended by inserting after chapter 37 the lO use 501 et following new chapter: *^9- ^ "CHAPTER 38—JOINT OFFICER MANAGEMENT "Sec. "661. Manjigement policies for joint specialty officers. "662. Promotion policy objectives for joint officers. "663. Education. "664. Length of joint duty assignments. "665. Procedures for monitoring careers of joint officers. "666. Reserve officers not on the active-duty list. "667. Annual report to Congress. "668. Definitions. "§ 66L Management policies for joint specialty officers 10 use 661. "(a) ESTABUSHMENT.—The Secretary of Defense shall establish policies, procedures, and practices for the effective management of officers of the Army, Navy, Air Force, and Marine Corps on the active-duty list who are particularly trained in, and oriented toward, joint matters (as defined in section 668 of this title). Such officers ^j. ; j ., shall be identified or designated (in addition to their principal military occupational specialty) in such manner as the Secretary of Defense directs. For purposes of this chapter, officers to be managed by such policies, procedures, and practices are referred to as having, or having been nominated for, the 'joint specialty'. "(b) NUMBERS AND SELECTION.—(1) The number of officers with the joint specialty shall be determined by the Secretary. Such number shall be large enough to meet the requirements of subsection (d). "(2) Officers shall be selected for the joint specialty by the Sec- retary of Defense with the advice of the Chairman of the Joint Chiefs of Staff. The Secretaries of the military departments shall nominate officers for selection for the joint specialty. Nominations shall be made from among officers— "(A) who meet qualifications prescribed by the Secretary of : Defense; and » "(B) who— ; "(i) are senior captains or, in the case of the Navy, senior ^^ lieutenants; or "(ii) are serving in the grade of major or lieutenant ^^ commander or a higher grade. 71-19A 0 - 89 - 35 : QL 3 Parti
100 STAT. 1026 PUBLIC LAW 99-433—OCT. 1, 1986 "(c) EDUCATION AND EXPERIENCE REQUIREMENTS.—(1) An officer who is nominated for the joint specialty may not be selected for the •!tof< A '^ 'J 01 joint specialty until the officer— "(A) successfully completes an appropriate program at a joint professional military education school; and "(B) after completing such program of education, successfully completes a full tour of duty in a joint duty assignment. "(2) An officer who has a critical occupational specialty involving combat operations (as designated by the Secretary of Defense) and who is nominated for the joint specialty may be selected for the joint specialty after successful completion of a joint duty assignment of not less than two years and successful completion of a program under paragraph (1)(A). An officer selected for the joint specialty under this paragraph shall be required to complete the generally applicable requirements for selection under paragraph (1)(B) as soon as practicable after such officer's selection. ^ .,, ^,., , "(d) NUMBER OF JOINT DUTY ASSIGNMENTS.—(1) The Secretary of ^' .\y Defense shall ensure that approximately one-half of the joint duty assignment positions in grades above captain or, in the case of the Navy, lieutenant are filled at any time by officers who have (or have been nominated for) the joint specialty. "(2) The Secretary of Defense shall designate not fewer than 1,000 joint duty sissignment positions as critical joint duty assignment positions. Each such position shall be held only by an officer with the joint specialty. "(e) CAREER GUIDELINES.—The Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall establish career guide- lines for officers with the joint specialty. Such guidelines shall include guidelines for— "(1) selection; .11 ? Bu Oi "(2) military education; ii»/•^^^i'o^ J*f&^'»^r %'*J fb*^-:^ "(3) training; "(4) types of duty assignments; and "(5) such other matters as the Secretary considers appro- priate. 10 use 662. "§ 662. Promotion policy objectives for joint officers "(a) QUALIFICATIONS.—The Secretary of Defense shall ensure that the qualifications of officers assigned to joint duty assignments are such that— "(1) officers who are serving on, or have served on, the Joint Staff are expected, as a group, to be promoted at a rate not less than the rate for officers of the same armed force in the same grade and competitive category who are serving on, or have served on, the headquarters staff of their armed force; "(2) officers who have the joint specialty are expected, as a group, to be promoted at a rate not less than the rate for officers of the same armed force in the same grade and competitive category who are serving on, or have served on, the bead- le ^ quarters staff of their armed force; and "(3) officers who are serving in, or have served in, joint duty assignments (other than officers covered in paragraphs (1) and ^^'i.. (2)) are expected, as a group, to be promoted at a rate not less than the rate for all officers of the same armed force in the same grade and competitive category. "(b) REPORT.—The Secretary of Defense shall periodically (and not less often than every six months) report to Congress on the pro-
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1027 motion rates of officers who are serving in, or have served in, joint duty assignments, especially with respect to the record of officer selection boards in meeting the objectives of clauses (1), (2), and (3) of subsection (a). If such promotion rates fail to meet such objectives, the Secretary shall immediately notify Congress of such failure and of what action the Secretary has taken or plans to take to prevent -^ further failures. "§ 663. Education 10 use 663. "(a) CAPSTONE COURSE FOR N E W GENERAL AND FLAG OFFICERS.—(1) Each officer selected for promotion to the grade of brigadier general or, in the case of the Navy, rear admiral (lower half) shall be required, after such selection, to attend a military education course designed specifically to prepare new general and flag officers to work with the other armed forces. "(2) Subject to paragraph (3), the Secretary of Defense may waive paragraph (1)— "(A) in the case of an officer whose immediately previous assignment was in a joint duty assignment and who is thor- oughly familiar with joint matters; "(B) when necessary for the good of the service; at "(C) in the case of an officer whose proposed selection for ii; promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist (sis determined under regulations prescribed under section 619(e)(4) of this title); and io "(D) in the case of a medical officer, dental officer, veterinary officer, medical service officer, nurse, biomedical science officer, or chaplain. "(3) The authority of the Secretary of Defense to grant a waiver under paragraph (2) may only be delegated to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Sec- retary of Defense. Such a waiver may be granted only on a case-by- case b£isis in the case of an individual officer. "(b) JOINT MIUTARY EDUCATION SCHOOLS.—The Secretary of De- fense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall periodically review and revise the curriculum of each school of the National Defense University (and of any other joint professional military education school) to enhance the edu- cation and training of officers in joint matters. The Secretary shall require such schools to maintain rigorous standards for the military education of officers with the joint specialty. "(c) OTHER PROFESSIONAL MIUTARY EDUCATION SCHOOLS.—The Secretary of Defense shall require that each Department of Defense school concerned with professional military education periodically review and revise its curriculum for senior and intermediate grade officers in order to strengthen the focus on— "(1) joint matters; and "(2) preparing officers for joint duty assignments. "(d) POST-EDUCATION DUTY ASSIGNMENTS.—The Secretary of De- fense shall ensure that— "(1) unless waived by the Secretary in an individual case, each officer with the joint specialty who graduates from a joint professional military education school shall be sissigned to a ,_^ joint duty assignment for that officer's next duty assignment; and
100 STAT. 1028 PUBLIC LAW 99-433—OCT. 1, 1986 ^ "(2) a high proportion (which shall be greater than 50 percent) ^"^ of the other officers graduating from a joint professional mili- I tary education school also receive assignments to a joint duty assignment as their next duty assignment. 10 use 664. "§ 664. Length of joint duty assignments "(a) GENERAL RULE.—The length of a joint duty assignment— P ,j^ ., > (J, "(1) for general and flag officers shall be not less than three years; and "(2) for other officers shall be not less than three and one-half years. "(b) WAIVER AUTHORITY.—The Secretary of Defense may waive subsection (a) in the case of any officer, but the Secretary shall ensure that the average length of joint duty assignments meets the standards prescribed in that subsection. "(c) CERTAIN OFFICERS WITH CRITICAL COMBAT OPERATIONS SKILLS.—Joint duty assignments of less than the period prescribed by subsection (a), but not less than two years, may be authorized for the purposes of section 661(c)(2) of this title. Such an assignment may not be counted for the purposes of determining the average length of joint duty assignments under subsection (b). "(d) EXCEPTION.—(1) Subsection (a) does not apply in the case of an officer who fails to complete a joint duty assignment as the result of— "(A) retirement; "(B) separation from active duty; or "(C) suspension from duty under section 155(f)(2) or 164(g) of this title. "(2) In computing the average length of joint duty assignments for purposes of this section, the Secretary of Defense shall exclude joint duty assignments not completed because of a reason specified in paragraph (1). "§ 665. Procedures for monitoring careers of joint officers "(a) PROCEDURES.—(1) The Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, shall establish procedures for overseeing the careers of— "(A) officers with the joint specialty; and "(B) other officers who serve in joint duty assignments. "(2) Such oversight shall include monitoring of the implementa- tion of the career guidelines established under section 661(e) of this title. "(b) FUNCTION OF JOINT STAFF.—The Secretary shall take such action as necessary to enhance the capabilities of the Joint Staff so that it can— "(1) monitor the promotions and career assignments of offi- cers with the joint specialty and of other officers who have served in joint duty assignments; and "(2) otherwise advise the Chairman on joint personnel matters. "§ 666. Reserve officers not on the active-duty list "The Secretary of Defense shall establish personnel policies emphasizing education and experience in joint matters for reserve officers not on the active-duty list. Such policies shall, to the extent practicable for the reserve components, be similar to the policies provided by this chapter.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1029 "§ 667. Annual report to Congress 10 use 667. "The Secretary of Defense shall include in the annual report of the Secretary to Congress under section 113(c) of this title, for the Ante, p. 1022. period covered by the report, the following information (which shall be shown for the Department of Defense as a whole and separately "^ for the Army, Navy, Air Force, and Marine Corps): "(1) The number of officers selected for the joint specialty and their education and experience. , "(2) The promotion rate for officers considered for promotion ^ from within the promotion zone who are serving on the Joint Staff compared with the promotion rate for other officers considered for promotion from within the promotion zone in the t same pay grade and the same competitive category, shown for all officers of the armed force and for officers serving on the J headquarters staff of the armed force concerned. "(3) The promotion rate for officers with the joint specialty, compared in the same manner as specified in paragraph (2). I "(4) The promotion rate for other officers who are serving in ^ joint duty assignments, compared in the same manner as speci- ^ fied in paragraph (2). "(5) The promotion rate for officers considered for promotion from below the promotion zone, shown for officers serving on the Joint Staff, officers with the joint specialty, and other officers serving in joint duty assignments, compared in the same . ^ manner as specified in paragraph (2). '' * "(6) An analysis of assignments of officers after selection for the joint specialty. "(7) The average length of tours of duty in joint duty assignments— I "(A) for general and flag officers, shown separately for J assignments to the Joint Staff and other joint duty assign- ments; and _.. "(B) for other officers, shown separately for assignments to the Joint Staff and other joint duty assignments. "(8) In any case in which the information under paragraphs (2) through (5) shows a significant imbalance between officers serving in joint duty assignments or having the joint specialty and other officers, a description of what action has been taken , (or is planned to be taken) by the Secretary to correct the imbalance. J "(9) An analysis of the extent to which the Secretary of each I military department is providing officers to fill that depart- ment's share (as determined by law or by the Secretary of 1 Defense) of Joint Staff and other joint duty assignments, includ- ^ ing the reason for any significant failure by a military depart- ment to fill its share of such positions and a discussion of the I actions being taken to correct the shortfall. "(10) Such other information and comparative data as the f Secretary of Defense considers appropriate to demonstrate the performance of the Department of Defense and the performance of each military department in carrying out this chapter. "§ 668. Definitions "(a) JOINT MATTERS.—In this chapter, the term 'joint matters' means matters relating to the integrated employment of land, sea, -u- and air forces, including matters relating to—
100 STAT. 1030 PUBLIC LAW 99-433—OCT. 1, 1986 TlYd ')3tJ ... ... I... "(1) national military strategy; "lo "(2) strategic planning and contingency planning; and "(3) command and control of combat operations under unified command. Regulations. "(b) JOINT DUTY ASSIGNMENT.—(1) The Secretary of Defense shall by regulation define the term 'joint duty assignment' for the pur- poses of this chapter. That definition shall be limited to assignments in which the officer gains significant experience in joint matters and shall exclude— "(A) assignments for joint training or joint education; and "(B) assignments within an officer's own military department. "(2) The Secretary shall publish a list showing— "(A) the positions that are joint duty assignment positions under such regulation and the number of such positions; and "(B) of the positions listed under subparagraph (A), those that are critical joint duty assignment positions and the number of such positions.", (b) CLERICAL AMENDMENTS.—The tables of chapters at the begin- ning of subtitle A, and at the beginning of part II of subtitle A, are amended by inserting after the item relating to chapter 37 the following new item: "38. Joint Officer Management 661". SEC. 402. PROMOTION PROCEDURES FOR JOINT OFFICERS 10 u s e 612. (a) COMPOSITION OF SELECTION BOARDS.—Section 612 is amended by adding at the end the following new subsection: "(c) Each selection board convened under section 611(a) of this title that will consider officers who are serving in, or have served in, joint duty assignments shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is currently serving in a joint duty assignment. The Secretary of Defense may waive the preceding sentence in the case of any selection board of the Marine Corps.". (b) GUIDANCE TO SELECTION BOARDS.—Section 615 is amended— (1) by inserting "(a)" before "The Secretary of the"; (2) by striking out "and" at the end of clause (4); (3) by redesignating clause (5) as clause (6); (4) by inserting after clause (4) the following new clause (5): "(5) guidelines, based upon guidelines received by the Sec- retary from the Secretary of Defense under subsection (b), for the purpose of ensuring that the board gives appropriate consid- eration to the performance in joint duty assignments of officers who are serving, or have served, in such assignments; and"; and (5) by adding at the end the following new subsection: "(b) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall furnish to the Secretaries of the military departments guidelines for the purpose of ensuring that each selection board convened under section 611(a) of this title gives appropriate consideration to the performance in joint duty assignments of officers who are serving, or have served, in such assignments.". (c) REVIEW OF PROMOTION LISTS BY CHAIRMAN OF JCS.—Section 618 is amended— (1) by redesignating subsections (b), (c), (d), and (e) as subsec- tions (c), (d), (e), and (f), respectively; and Reports. (2) by inserting after subsection (a) the following new subsec- tion (b): .„, ,
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1031 "(b)(1) After completing the requirements of subsection (a), the Secretary concerned, in the case of the report of a selection board that considered officers who are serving, or have served, in joint duty assignments, shall submit the report to the Chairman of the Joint Chiefs of Staff. "(2) The Chairman, in accordance with guidelines furnished to the Chairman by the Secretary of Defense, shall review the report for the purpose of determining if— "(A) the selection board acted consistent with the guidelines of the Secretary of Defense under section 615(b) of this title to Ante, p. 1030. s ensure that selection boards give appropriate consideration to the performance in joint duty assignments of officers who are serving, or have served, in such assignments; and ^ "(B) the selection board otherwise gave appropriate consider- ation to the performance in joint duty assignments of officers who are serving, or have served, in such assignments. 9 '^SU oi "(3) After reviewing the report, the Chairman shall return the report, with his determinations and comments, to the Secretary concerned. "(4) If the Chairman determines that the board acted contrary to the guidelines of the Secretary of Defense under section 615(b) of this title or otherwise failed to give appropriate consideration to the performance of officers in joint duty assignments, the Secretary concerned may— "(A) return the report, together with the Chairman's deter- minations and comments, to the selection board (or a subse- V quent selection board convened under section 611(a) of this title 10 use 6ii. , for the same grade and competitive category) for further proceedings in accordance with subsection (a); r "(B) convene a special selection board in the manner provided I for under section 628 of this title; or I "(C) take other appropriate action to satisfy the concerns of the Chairman. "(5) If, after completion of all actions taken under paragraph (4), the Secretary concerned and the Chairman remain in disagreement with respect to the report of a selection board, the Secretary con- cerned shall indicate such disagreement, and the reasons for such disagreement, as part of his transmittal of the report of the selection board to the Secretary of Defense under subsection (c). Such transmittal shall include any comments submitted by the Chair- man."; and (3) by adding at the end of paragraph (1) of subsection (c) (as i redesignated by paragraph (1)) the following new sentence: "The Secretary of Defense s h ^ l , before transmitting the report of a selection board to the President, take appropriate action to '•'' J--"**' • f resolve any disagreement between the Secretary concerned and the Chairman transmitted to him under subsection (b)(5).". SEC. 403. CONSIDERATION OF JOINT DUTY IN SENIOR GENERAL AND FLAG OFFICER APPOINTMENTS AND ADVICE ON QUALIFICATIONS Section 601 is amended by adding at the end the following new subsection: eu ox "(dXD When an officer is recommended to the President for an initial appointment to the grade of lieutenant general or vice ad- miral, or for an initial appointment to the grade of general or admiral, the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman's evaluation of the perform-
100 STAT. 1032 PUBLIC LAW 99-433—OCT. 1, 1986 ance of that officer as a member of the Joint Staff and in other joint duty assignments. The Secretary of Defense shall submit the Chair- man's evaluation to the President at the same time the rec- ommendation for the appointment is submitted to the President. "(2) Whenever a vacancy occurs in a position within the Depart- ment of Defense that the President has designated as a position of importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral or in an office that is designated by law to carry such a grade, the Secretary of Defense i,: • shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office.". SEC. 404. JOINT DUTY ASSIGNMENT AS PREREQUISITE FOR PROMOTION TO GENERAL OR FLAG OFFICER GRADE 10 use 619. Section 619 is amended by adding at the end the following new subsection: "(e)(1) An officer may not be selected for promotion to the grade of brigadier general or rear admiral (lower half) unless the officer has served in a joint duty assignment. "(2) Subject to paragraph (3), the Secretary of Defense may waive paragraph (1)— "(A) when necessary for the good of the service; "(B) in the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist; i»;} „ Qi "(C) in the case of a medical officer, dental officer, veterinary officer, medical service officer, nurse, biomedical science officer, chaplain, or judge advocate; and 09I "(D) until January 1,1992, in the case of an officer who served before the date of the enactment of this subsection in an ; , assignment (other than a joint duty assignment) that involved significant experience in joint matters (as determined by the Secretary). "(3)(A) A waiver may be granted under paragraph (2) only on a case-by-case basis in the case of an individual officer. "(B) In the case of a waiver under paragraph (2)(A), the Secretary shall provide that the first duty assignment as a general or flag officer of an officer for whom the waiver is granted shall be in a joint duty assignment. "(C) The authority of the Secretary of Defense to grant a waiver under paragraph (2)(B), (2)(C), or (2)(D) may only be delegated to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense. Regulations. "(4) The Secretary of Defense shall prescribe regulations to carry out this subsection. Such regulations shall specifically identify those categories of officers for which selection for promotion to brigadier general or, in the case of the Navy, rear admiral (lower half) is based primarily upon scientific and technical qualifications for which joint requirements do not exist.". 10 u s e 113 note. SEC. 405. ANNUAL REPORT ON IMPLEMENTATION The Secretary of Defense shall include in the annual report of the Secretary to Congress under section 113(c) of title 10, United States Code (as redesignated by section 101(a)), for each year from 1987 through 1991 a detailed report on the implementation of this title and the amendments made by this title. „, „ .
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1033 SEC. 406. TRANSITION (a) JOINT DUTY ASSIGNMENTS.—(1) Section 661(d) of title 10, United Effective date. States Code (as added by section 401), shall be implemented as 10 u s e 661 note. rapidly as possible and not later than two years after the date of the enactment of this Act. (2) The list of positions that are joint duty assignment positions, including identification of those positions that are critical joint duty assignment positions, required to be published by section 668(b)(2) of such title shall be published not later than six months after the date of the enactment of this Act. (b) JOINT SPECIALTY.— 10 u s e 661 note. (1) INITIAL SELECTIONS.—(A) In making the initial selections of officers for the joint specialty under section 661 of title 10, United States Code (as added by section 401 of this Act), the Secretary of Defense may waive the requirement of either subparagraph (A) or (B) Ot>ut not both) of subsection (c)(1) of such section in the case of any officer in a grade above captain or, in the case of the Navy, lieutenant. (B) In applying such subparagraph (B) to the initial selections of officers for the joint specialty, the Secretary may in the case - of any officer— (i) waive the requirement that a joint duty assignment be ' served after the officer has completed an appropriate pro- gram at a joint professional military education school; (ii) waive the requirement for the length of a joint duty -" assignment if the officer has served in such an assignment for not less than two years; and (iii) consider as a joint duty assignment any tour of duty served by the officer before the date of the enactment of this Act (or being served on the date of the enactment of this Act) that was considered to be a joint duty assignment or a joint equivalent assignment under the regulations in effect at the time the assignment began. (C) A waiver under subparagraph (A) of this paragraph or under any provision of subparagraph (B) of this paragraph may only be made on a case-by-case basis. (D) The authority of the Secretary of Defense to grant a waiver under subparagraph (A) or (B) of this paragraph may be delegated only to the Deputy Secretary of Defense. (2) REQUIREMENT FOR HIGH STANDARDS.—In exercising the Education. authority provided by paragraph (1), the Secretary of Defense shall ensure that the highest standards of performance, edu- cation, and experience are established and maintained for offi- cers selected for the joint specialty. (3) SUNSET.—The authority provided by paragraph (1) shall Termination expire two years after the date of the enactment of this Act. date. (c) CAREER GUIDELINES.—The career guidelines required to be 10 u s e 661 note. established by section 661(e) of such title, the procedures required to be established by section 665(a) of such title, and the personnel policies required to be established by section 666 of such title (as added by section 401) shall be established not later than the end of the eight-month period beginning on the date of the enactment of this Act. The provisions of section 665(b) of such title shall be implemented not later than the end of such period. (d) EDUCATION.— 10 u s e 663 note.
100 STAT. 1034 PUBLIC LAW 99-433—OCT. 1, 1986 (1) CAPSTONE COURSE.—Subsection (a) of section 663 of such title (as added by section 401) shall apply with respect to officers selected in reports of officer selection boards submitted to the Secretary concerned after the end of the 120-day period begin- ning on the date of the enactment of this Act. Sn- (2) REVIEW OF MILITARY EDUCATION SCHOOLS.—(A) The first review under subsections (h) and (c) of such section shall be completed not later than 120 days after the date of the enact- Reports. ment of this Act. The Secretary of Defense shall submit to Congress a report on the results of the review at each Depart- ment of Defense school not later than 60 days thereafter. Effective date. (B) Such subsections shall be implemented so that the revised curricula take effect with respect to courses beginning after July 1987. Effective date. (3) POST-EDUCATION DUTY ASSIGNMENTS.—Subsection (d) of such section shall take effect with respect to clsisses graduating from joint professional military education schools after January 1987. 10 u s e 664 note. (e) LENGTH OF JOINT DUTY ASSIGNMENTS.—Subsection (a) of sec- tion 664 of title 10, United States Code (as added by section 401), shall apply to officers assigned to joint duty assignments after the end of the 90-day period beginning on the date of the enactment of this Act. In computing an average under subsection (b) of such section, only joint duty assignments to which such subsection applies shall be considered. Effective date. (f) PROMOTION POLICY.—The amendments made by section 402 10 u s e 612 note. shall take effect with respect to selection boards convened under section 611(a) of title 10, United States Code, after the end of the 120-day period beginning on the date of the enactment of this Act. 10 u s e 113 note. (g) INITIAL REPORT.—The first report submitted by the Secretary of Defense after the date of the enactment of this Act under section 113(c) of title 10, United States Code (as redesignated by section 101), shall contain as much of the information required by section 667 of such title (£is added by section 401) as is available to the Secretary at the time of the preparation of the report. TITLE V—MILITARY DEPARTMENTS PART A—DEPARTMENT OF THE ARMY SEC. 501. THE ARMY SECRETARIAT 10 u s e 3010 et (a) AMENDMENTS TO CHAPTER 303.—(1) Section 3015 is transferred seq. to the end of chapter 305 and redesignated as section 3040. 10 u s e 3031 et (2) Sections 3010, 3011, 3012, 3013, and 3014 are redesignated as seq. sections 3011, 3012, 3013, 3014, and 3015, respectively. (3) Section 3016 is transferred within chapter 303 to appear after section 3017 and is redesignated as section 3018. (4) Section 3019 is transferred to chapter 305, inserted after section 3037, and redesignated as section 3038. (5) Chapter 303 is amended by striking out sections 3013, 3014, and 3015 (as redesignated by paragraph (2)) and inserting in lieu thereof the following: iISp •-5>i' > .sJcfj J590 OnU
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1035 "§ 3013. Secretary of the Army 10 USC 3013 "(aXD There is a Secretary of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary is the head of the Department of the Army. "(2) A person may not be appointed as Secretary of the Army within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force. "(b) Subject to the authority, direction, and control of the Sec- retary of Defense and subject to the provisions of chapter 6 of this title, the Secretary of the Army is responsible for, and has the Ante, p. 1012. authority necessary to conduct, all affairs of the Department of the Army, including the following functions: "(1) Recruiting. "(2) Organizing. "(3) Supplying. "(4) Equipping (including research and development). "(5) Training. « • "(6) Servicing. "(7) Mobilizing. "(8) Demobilizing. .,., „ ,, "(9) Administering (including the morale and welfare of personnel). "(10) Maintaining. "(11) The construction, outfitting, and repair of military equipment. "(12) The construction, maintenance, and repair of buildings, structures, and utilities and the acquisition of real property and interests in real property necessary to carry out the responsibil- ities specified in this section. "(c) Subject to the authority, direction, and control of the Sec- retary of Defense, the Secretary of the Army is also responsible to the Secretary of Defense for— "(1) the functioning and efficiency of the Department of the Army; "(2) the formulation of policies and programs by the Depart- ment of the Army that are fully consistent with national secu- rity objectives and policies established by the President or the Secretary of Defense; "(3) the effective and timely implementation of policy, pro- gram, and budget decisions and instructions of the President or the Secretary of Defense relating to the functions of the Depart- ment of the Army; "(4) carrying out the functions of the Department of the Army so as to fulfill (to the maximum extent practicable) the current and future operational requirements of the unified and specified combatant commands; "(5) effective cooperation and coordination between the Department of the Army and the other military departments and E^encies of the Department of Defense to provide for more effective, efficient, and economical administration and to elimi- nate duplication; "(6) the presentation and justification of the positions of the Department of the Army on the plans, programs, and policies of the Department of Defense; and "(7) the effective supervision and control of the intelligence activities of the Department of the Army.
100 STAT. 1036 PUBLIC LAW 99-433—OCT. 1, 1986 i > ^ •' "(d) The Secretary of the Army is also responsible for such other activities as may be prescribed by law or by the President or Secretary of Defense. "(e) After first informing the Secretary of Defense, the Secretary of the Army may make such recommendations to Congress relating to the Department of Defense as he considers appropriate. "(f) The Secretary of the Army may assign such of his functions, powers, and duties £is he considers appropriate to the Under Sec- retary of the Army and to the Assistant Secretaries of the Army. Reports. Officers of the Army shall, as directed by the Secretary, report on any matter to the Secretary, the Under Secretary, or any Assistant Secretary. "(g) The Secretary of the Army may— "(1) assign, detail, and prescribe the duties of members of the Army and civilian personnel of the Department of the Army; "(2) change the title of any officer or activity of the Depart- ment of the Army not prescribed by law; and "(3) prescribe regulations to carry out his functions, powers, and duties under this title. 10 use 3014. "§ 3014. Office of the Secretary of the Army "(a) There is in the Department of the Army an Office of the Secretary of the Army. The function of the Office is to assist the Secretary of the Army in carrying out his responsibilities. "(b) The Office of the Secretary of the Army is composed of the following: "(1) The Under Secretary of the Army. -ixu. "(2) The Assistant Secretaries of the Army. "(3) The Administrative Assistant to the Secretary of the Army. "(4) The General Counsel of the Department of the Army. "(5) The Inspector General of the Army. "(6) The Army Reserve Forces Policy Committee. "(7) Such other offices and officials as may be established by law or as the Secretary of the Army may establish or designate. "(c)(1) The Office of the Secretary of the Army shall have sole responsibility within the Office of the Secretary and the Army Staff for the following functions: "(A) Acquisition. "(B) Auditing. 4.,i "(C) Comptroller (including financial management). "(D) Information management. "(E) Inspector General. "(F) Legislative affairs. "(G) Public affairs. "(2) The Secretary of the Army shall establish or designate a single office or other entity within the Office of the Secretary of the Army to conduct each function specified in paragraph (1). No office or other entity may be established or designated within the Army Staff to conduct any of the functions specified in paragraph (1). "(3) The Secretary shall prescribe the relationship of each office or other entity established or designated under paragraph (2) to the Chief of Staff and to the Army Staff and shall ensure that each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1037 "(4) The vesting in the Office of the Secretary of the Army of the responsibility for the conduct of a function specified in paragraph (1) does not preclude other elements of the executive part of the Department of the Army (including the Army Staff) from providing advice or assistance to the Chief of Staff or otherwise participating in that function within the executive part of the Department under the direction of the office assigned responsibility for that function in the Office of the Secretary of the Army. "(d)(1) Subject to paragraph (2), the Office of the Secretary of the Army shall have sole responsibility within the Office of the Secretary and the Army Staff for the function of research and development. "(2) The Secretary of the Army may assign to the Army Staff responsibility for those aspects of the function of research and development that relate to military requirements and test and evaluation. "(8) The Secretary shall establish or designate a single office or other entity within the Office of the Secretary of the Army to conduct the function specified in paragraph (1). "(4) The Secretary shall prescribe the relationship of the office or other entity established or designated under paragraph (3) to the Chief of Staff of the Army and to the Army Staff and shall ensure that each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities. "(e) The Secretary of the Army shall ensure that the Office of the mi o ,^ k Secretary of the Army and the Army Staff do not duplicate specific functions for which the Secretary has assigned responsibility to the other. "(f)(1) The total number of members of the armed forces and civilian employees of the Department of the Army assigned or detailed to permanent duty in the Office of the Secretary of the Army and on the Army Staff may not exceed 3,105. "(2) Not more than 1,865 officers of the Army on the active-duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Army and on the Army Staff. "(3) The total number of general officers assigned or detailed to permanent duty in the Office of the Secretary of the Army and on the Army Staff may not exceed the number equal to 85 percent of the number of general officers assigned or detailed to such duty on the date of the enactment of this subsection. "(4) The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by Congress. The limitation in paragraph (2) does not apply whenever the Presi- dent determines that it is in the national interest to increase the number of officers assigned or detailed to permanent duty in the Office of the Secretary of the Army or on the Army Staff. "(5) The limitations in paragraphs (1), (2), and (3) do not apply Effective date. before October 1,1988. "§ 3015. Under Secretary of the Army 10 USC 3015. "(a) There is an Under Secretary of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate. "(b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Army may prescribe.
100 STAT. 1038 PUBLIC LAW 99-433—OCT. 1, 1986 10 use 3016. "§ 3016. Assistant Secretaries of the Army "(a) There are five Assistant Secretaries of the Army. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. "(b)(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Army may prescribe. "(2) One of the Assistant Secretaries shall be the Assistant Sec- retary of the Army for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Army. "(3) One of the Assistant Secretaries shall be the Assistant Sec- retary of the Army for Civil Works. He shall have as his principal duty the overall supervision of the functions of the Department of the Army relating to programs for conservation and development of the national water resources, including flood control, navigation, shore protection, and related purposes.". - (6) Section 3017 is amended— ' u.^r^t... (A) by striking out "(a)" at the beginning of the text of such section; (B) by striking out clause (2) and inserting in lieu thereof the following: "(2) The Assistant Secretaries of the Army, in the order prescribed by the Secretary of the Army and approved by the Secretary of Defense."; and (C) by striking out subsection (b). Ante, p. 1034. (7) Chapter 303 is further amended by adding at the end the following new sections: "§ 3019. General Counsel "(a) There is a General Counsel of the Department of the Army, appointed from civilian life by the President. "(b) The General Counsel shall perform such functions £is the Secretary of the Army may prescribe. -- "§ 3020. Inspector General "(a) There is an Inspector General of the Army who shall be detailed to such position by the Secretary of the Army from the general officers of the Army. An officer may not be detailed to such position for a tour of duty of more than four years, except that the Secretary may extend such a tour of duty if he makes a special finding that the extension is necessary in the public interest. "(b) When directed by the Secretary or the Chief of Staff, the Inspector General shall— "(1) inquire into and report upon the discipline, efficiency, and economy of the Army; and • "(2) perform any other duties prescribed by the Secretary or the Chief of Staff atab ^/tS;.«*t! "(c) The Inspector General shall periodically propose programs of inspections to the Secretary of the Army and shall recommend _ additional inspections and investigations as may appear appro- .ci-:': ,-..,= priate. "(d) The Inspector General shall cooperate fully with the Inspec- tor General of the Department of Defense in connection with the performance of any duty or function by the Inspector General of the Department of Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3) regarding the Department of the Army. •. t aou^
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1039 "(e) The Inspector General shall have such deputies and assistants as the Secretary of the Army may prescribe. Each such deputy and assistant shall be an officer detailed by the Secretary to that posi- tion from the officers of the Army for a tour of duty of not more than four years, under a procedure prescribed by the Secretary.". (8) Section 3033 is transferred to the end of chapter 303 (as amended by paragraph (7)), redesignated as section 3021, and amended— (A) in subsection (a)— (i) by striking out "office" and inserting in lieu thereof "Office"; (ii) by striking out "Committee which" and inserting in :! lieu thereof "Committee. The Committee"; (iii) by inserting "and the mobilization preparedness" after "reserve components"; r- . (iv) by striking out "Army, and the" and inserting in lieu thereof "Army. The"; and t (v) by striking out "Chief of Staff and the Assistant Secretary responsible for reserve affairs" and inserting in lieu thereof "Secretary of the Army and the Chief of Staff"; (B) in subsection (h), by striking out "General" each place it appears; and (C) by striking out the section heading and inserting in lieu thereof the following: "§ 3021. Army Reserve Forces Policy Committee". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 303 is amended to read as follows: "Sec. "3011. Organization. "3012. Department of the Army: seal. , . "3013. Secretary of the Army. ^' -: •-* "3014. Office of the Secretary of the Army. "3015. Under Secretary of the Army. "3016. Assistant Secretaries of the Army. "3017. Secretary of the Army: successors to duties. "3018. Administrative Assistant. "3019. General Counsel. "3020. Inspector General. "3021. Army Reserve Forces Policy Committee.". SEC. 502. THE ARMY STAFF (a) COMPOSITION OF THE ARMY STAFF.—Section 3031 is amended to read £is follows: *•§ 3031. The Army Staff: function; composition "(a) There is in the executive part of the Department of the Army an Army Staff. The function of the Army Staff is to £issist the Secretary of the Army in carrying out his responsibilities. "(b) The Army Staff is composed of the following: "(1) The Chief of Staff. -..bfes^J "(2) The Vice Chief of Staff. "(3) The Deputy Chiefs of Staff. "(4) The Assistant Chiefs of Staff. "(5) The Chief of Engineers. "(6) The Surgeon General of the Army. "(7) The Judge Advocate General of the Army. "(8) The Chief of Chaplains of the Army. "(9) The Chief of Army Reserve.
100 STAT. 1040 PUBLIC LAW 99-433—OCT. 1, 1986 > "(10) Other members of the Army assigned or detailed to the Army Staff. "(11) Civilian employees of the Department of the Army assigned or detailed to the Army Staff. "(c) Except as otherwise specifically prescribed by law, the Army Staff shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe.". (b) GENERAL DUTIES.—(1) Subsection (a) of section 3032 is amended by inserting "and to the Chief of Staff of the Army" before the period. (2) Subsection (b) of such section is amended— (A) by striking out "direction and control of the Secretary" in *« * the matter preceding clause (1) and inserting in lieu thereof "authority, direction, and control of the Secretary of the Army"; (B) by inserting "subject to subsections (c) and (d) of section 3014 of this title,' before "prepare" in clause (1); (C) by striking out ", training, serving, mobilizing, and demobilizing" in clause (1) and inserting in lieu thereof "(includ- ing those aspects of research and development assigned by the Secretary of the Army), training, servicing, mobilizing, demobi- lizing, administering, and maintaining"; (D) by striking out "for military operations" in clause (2) and inserting in lieu thereof "to support military operations by combatant commands"; and (E) by striking out clause (4) and inserting in lieu thereof the following: "(4) as directed by the Secretary or the Chief of Staff, coordi- nate the action of organizations of the Army; and". (3) The heading of such section is amended to read as follows: 10 use 3032. "§ 3032. The Army Staff: general duties". (c) CHIEF OF STAFF.—Section 3034 is redesignated as section 3033 and is amended to read as follows: "§3033. Chief of Staff "(a)(1) There is a Chief of Staff of the Army, appointed for a period of four years by the President, by and with the advice and consent of the Senate, from the general officers of the Army. He serves at the pleasure of the President. In time of war or during a national emergency declared by Congress, he may be reappointed for a term of not more than four years. "(2) The President may appoint an officer as Chief of Staff only if— "(A) the officer has had significant experience in joint duty i- assignments; and "(B) such experience includes at least one joint duty assign- ment £is a general officer. President of U.S. "(3) The President may waive paragraph (2) in the case of an officer if the President determines such action is necessary in the national interest. "(b) The Chief of Staff, while so serving, has the grade of general without vacating his permanent grade. "(c) Except as otherwise prescribed by law and subject to section 3013(f) of this title, the Chief of Staff performs his duties under the authority, direction, and control of the Secretary of the Army and is directly responsible to the Secretary. . ,
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1041 "(d) Subject to the authority, direction, and control of the Sec- retary of the Army, the Chief of Staff shall— "(1) preside over the Army Staff; "(2) transmit the plans and recommendations of the Army Staff to the Secretary and advise the Secretary with regard to such plans and recommendations; ;v Y "(3) after approval of the plans or recommendations of the Army Staff by the Secretary, act as the agent of the Secretary y in carrying them into effect; "(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant com- mands under chapter 6 of this title, over such of the members Ante, p. 1012. i and organizations of the Army as the Secretary determines; "(5) perform the duties prescribed for him by section 171 of this title and other provisions of law; and "(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the ., Secretary of Defense, or the Secretary of the Army. "(eXD The Chief of Staff shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section 151 of this title. "(2) To the extent that such action does not impair the independ- ence of the Chief of Staff in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Army. "(3) Subject to the authority, direction, and control of the Sec- retary of Defense, the Chief of Staff shall keep the Secretary of the Army fully informed of significant military operations affecting the duties and responsibilities of the Secretary.". (d) VICE CHIEF OF STAFF.—Section 3035 is redesignated as section 3034 and is amended— (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following: "(a) There is a Vice Chief of Staff of the Army, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Army. "(b) The Vice Chief of Staff of the Army, while so serving, has the grade of general without vacating his permanent grade."; (2) by adding at the end the following new subsection: "(d) When there is a vacancy in the office of Chief of Staff or during the absence or disability of the Chief of Staff— "(1) the Vice Chief of Staff shall perform the duties of the Chief of Staff until a successor is appointed or the absence or disability ceases; or "(2) if there is a vacancy in the office of the Vice Chief of Staff or the Vice Chief of Staff is absent or disabled, unless the ^' President directs otherwise, the most senior officer of the Army 3 in the Army Staff who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Staff until a successor to the Chief of Staff or the Vice ^ .^ Chief of Staff is appointed or until the absence or disability of the Chief of Staff or Vice Chief of Staff ceases, whichever occurs first"; and (3) by striking out the section heading and inserting in lieu thereof the following:
100 STAT. 1042 PUBLIC LAW 99-433—OCT. 1, 1986 "§ 3034. Vice Chief of Staff'. Ante, p. 1034. (e) DEPUTY CHIEFS OF STAFF.—Chapter 305 is further amended by inserting after section 3034 (as redesignated by subsection (d) of this section) the following new section: 10 use 3035. "§ 3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff "(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff shall be general officers detailed to those positions. "(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of Staff shall be prescribed by the Secretary, except that— ^., , , ,, . "(1) there may not be more than five Deputy Chiefs of Staff; ••""• ' " ' ' " " ' " a n d "(2) there may not be more than three Assistant Chiefs of Staff.". (f) REPEAL OF SECTION FOR PROVOST MARSHAL GENERAL.—(1) Sec- tion 3039 is repealed. Ante, p. 1034. (2) Section 3040 (relating to Deputy and Assistant Chiefs of Branches) is redesignated as section 3039 and is amended by striking out "sections 3036 and 3039" in subsection (a) and inserting in lieu thereof "section 3036". (3) Section 3081(a) is amended by striking out "section 3040" and inserting in lieu thereof "section 3039". (g) TECHNICAL AND CLERICAL AMENDMENTS.—(1) Section 3038 (as redesignated by section 501(a)(4) of this Act) is amended by striking out "services in subsection (c) and inserting in lieu thereof "service". (2) The table of sections at the beginning of chapter 305 is amended to read as follows: "Sec. "3031. The Army Staff: function; composition. "3032. The Army Staff: general duties. "3033. Chief of Staff. > -> - >• • • "3034. Vice Chief of Staff. "3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff. "3036. Chiefs of branches: appointment; duties. "3037. Judge Advocate General, Assistant Judge Advocate General, and general offi- cers of Judge Advocate General's Corps: appointment; duties. "3038. Office of Army Reserve: appointment of Chief. "3039. Deputy and assistant chiefs of branches. "3040. Chief of National Guard Bureau: appointment; acting chief.". SEC. 503. AUTHORITY TO ORGANIZE ARMY INTO COMMANDS, FORCES, AND ORGANIZATIONS Section 3074(a) is amended by inserting "or by t h e Secretary of Defense" after "by law". P A R T B — D E P A R T M E N T OF THE N A V Y SEC. 511. THE NAVY SECRETARIAT 10 u s e 5061 et (a) REPEAL OF SUPERSEDED CHAPTER.—Chapter 507 is repealed. seg- (b) TRANSFER OF SECTIONS PROVIDING FOR COMPOSITION OF THE 10 use 5001 et DEPARTMENT OF THE NAVY.—(1) Part I of subtitle C is amended by seq.; post, pp. inserting after chapter 505 the following new chapter 507: 1048, 1051. 6 f & f "CHAPTER 507—COMPOSITION OF THE DEPARTMENT OF THE NAVY "Sec. - : • "5061. Department of the Navy: composition. ,, "'.lio:'.... ^.^. • '
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1043 "5062. United States Navy: composition; functions. "5063. United States Marine Corps: composition; functions. "§ 5061. Department of the Navy: composition 10 USC 5061. "The Department of the Navy is composed of the following: "(1) The Office of the Secretary of the Navy. ' "(2) The Office of the Chief of Naval Operations. "(3) The Headquarters, Marine Corps. "(4) The entire operating forces, including naval aviation, of the Navy and of the Marine Corps, and the reserve components of those operating forces. i- "(5) All field activities, headquarters, forces, bases, installa- tions, activities, and functions under the control or supervision of the Secretary of the Navy. "(6) The Coast Guard when it is operating as a service in the ; Navy.". (2) Section 5011 is amended by striking out the third and fourth sentences. (3) Sections 5012 and 5013 are transferred to the end of chapter 507 (as added by paragraph (1)) and redesignated as sections 5062 and 5063, respectively. (4) Section 5062 (as so transferred and redesignated) is amended— (A) by striking out "assigned and is" in subsection (a) and all ^ that follows in that subsection and inserting in lieu thereof "assigned and, in accordance with integrated joint mobilization plans, for the expansion of the peacetime components of the Navy to meet the needs of war."; and (B) by striking out subsection (d). (c) REVISION OF NAVY SECRETARIAT SECTIONS.—Chapter 503 (as amended by subsection (b)) is further amended as follows: (1) The heading of section 5011 is amended to read as follows: "§ 5011. Organization". (2) Such chapter is amended by adding after section 5011 the following new sections: "§ 5012. Department of the Navy: seal "The Secretary of the Navy shall have a seal for the Department of the Navy. The design of the seal must be approved by the President. Judicial notice shall be taken of the seal. "§ 5013. Secretary of the Navy "(a)(1) There is a Secretary of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary is the head of the Department of the Navy. "(2) A person may not be appointed as Secretary of the Navy within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force. "(b) Subject to the authority, direction, and control of the Sec- retary of Defense and subject to the provisions of chapter 6 of this title, the Secretary of the Navy is responsible for, and has the Ante, p. 1012. authority necessary to conduct, all affairs of the Department of the Navy, including the following functions: "(1) Recruiting. "(2) Organizing. ; ,-ff: "(3) Supplying.
100 STAT. 1044 PUBLIC LAW 99-433—OCT. 1, 1986 "(4) Equipping (including research and development). "(5) Training. ,.:,.> "(6) Servicing. , - ,. ,. ^. "(7) Mobilizing. ' "^^^ "(8) Demobilizing. "(9) Administering (including the morale and welfare of personnel). "(10) Maintaining. "(11) The construction, outfitting, and repair of military equipment. "(12) The construction, maintenance, and repair of buildings, * Ki structures, and utilities and the acquisition of real property and ' •*• interests in real property necessary to carry out the responsibil- ities specified in this section. "(c) Subject to the authority, direction, and control of the Sec- retary of Defense, the Secretary of the Navy is also responsible to the Secretary of Defense for— "(1) the functioning and efficiency of the Department of the Navy; "(2) the formulation of policies and programs by the Depart- ment of the Navy that are fully consistent with national secu- rity objectives and policies established by the President or the Secretary of Defense; "(3) the effective and timely implementation of policy, pro- gram, and budget decisions and instructions of the President or ' the Secretary of Defense relating to the functions of the Depart- ment of the Navy; "(4) carrying out the functions of the Department of the Navy ^i^' so as to fulfill (to the maximum extent practicable) the current and future operational requirements of the unified and specified -'* combatant commands; "(5) effective cooperation and coordination between the Department of the Navy and the other military departments jf and agencies of the Department of Defense to provide for more effective, efficient, and economical administration and to elimi- nate duplication; "(6) the presentation and justification of the positions of the If Department of the Navy on the plans, programs, and policies of Bii. the Department of Defense; and "(7) the effective supervision and control of the intelligence activities of the Department of the Navy. "(d) The Secretary of the Navy is also responsible for such other activities as may be prescribed by law or by the President or Secretary of Defense. "(e) After first informing the Secretary of Defense, the Secretary of the Navy may make such recommendations to Congress relating to the Department of Defense as he considers appropriate. "(f) The Secretary of the Navy may assign such of his functions, powers, and duties as he considers appropriate to the Under Sec- retary of the Navy and to the Assistant Secretaries of the Navy. 1 ii I, rAisk Officers of the Navy and the Marine Corps shall, £is directed by the Secretary, report on any matter to the Secretary, the Under Sec- retary, or any Assistant Secretary. "(g) The Secretary of the Navy may— "(1) assign, detail, and prescribe the duties of members of the Navy and Marine Corps and civilian personnel of the Depart- ment of the Navy;
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1045 "(2) change the title of any officer or activity of the Depart- ment of the Navy not prescribed by law; and "(3) prescribe regulations to carry out his functions, powers, and duties under this title.". (3) Section 5032 is transferred to the end of such chapter and redesignated as section 5013a. (4) Such chapter is further amended by adding after section 5013a (as transferred and redesignated by paragraph (3)) the following new sections: "§ 5014. Office of the Secretary of the Navy 10 use 5014 "(a) There is in the Department of the Navy an Office of the Secretary of the Navy. The function of the Office is to assist the Secretary of the Navy in carrying out his responsibilities. "(b) The Office of the Secretary of the Navy is composed of the following: "(1) The Under Secretary of the Navy. "(2) The Assistant Secretaries of the Navy. "(3) The General Counsel of the Department of the Navy. "(4) The Judge Advocate General of the Navy. "(5) The Naval Inspector General. "(6) The Chief of Naval Research. ' "(7) Such other offices and officials as may be established by law or as the Secretary of the Navy may establish or designate. "(c)(1) The Office of the Secretary of the Navy shall have sole responsibility within the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps, for the following functions: "(A) Acquisition. "(B) Auditing. "(C) Comptroller (including financial management). "(D) Information management. "(E) Inspector General. ' "(F) Legislative affairs. "(G) Public affairs. "(2) The Secretary of the Navy shall establish or designate a single office or other entity within the Office of the Secretary of the Navy to conduct each function specified in paragraph (1). No office or other entity may be established or designated within the Office of the Chief of Naval Operations or the Headquarters, Marine Corps, to conduct any of the functions specified in paragraph (1). "(3) The Secretary shall— "(A) prescribe the relationship of each office or other entity established or designated under paragraph (2)— "(i) to the Chief of Naval Operations and the Office of the & Chief of Naval Operations; and -X "(ii) to the Commandant of the Marine Corps and the " Headquarters, Marine Corps; and "(B) ensure that each such office or entity provides the Chief of Naval Operations and the Commandant of the Marine Corps '' such staff support as each considers necessary to perform his duties and responsibilities. "(4) The vesting in the Office of the Secretary of the Navy of the responsibility for the conduct of a function specified in paragraph (1) does not preclude other elements of the executive part of the Department of the Navy (including the Office of the Chief of Naval Operations and the Headquarters, Marine Corps) from providing
100 STAT. 1046 PUBLIC LAW 99-433—OCT. 1, 1986 advice or assistance to the Chief of Naval Operations and the Commandant of the Marine Corps or otherwise participating in that function within the executive part of the Department under the direction of the office assigned responsibility for that function in the Office of the Secretary of the Navy. "(d)(1) Subject to paragraph (2), the Office of the Secretary of the Navy shall have sole responsibility within the Office of the Sec- retary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps, for the function of research and ; M„. , r fi development. "(2) The Secretary of the Navy may assign to the Office of the Chief of Naval Operations and the Headquarters, Marine Corps, responsibility for those aspects of the function of research and development relating to military requirements and test and evaluation. "(3) The Secretary shall establish or designate a single office or other entity within the Office of the Secretary of the Navy to conduct the function specified in paragraph (1). "(4) The Secretary shall— "(A) prescribe the relationship of the office or other entity established or designated under paragraph (3)— "(i) to the Chief of Naval Operations and the Office of the Chief of Naval Operations; and "(ii) to the Commandant of the Marine Corps and the Headquarters, Marine Corps; and ^: "(B) ensure that each such office or entity provides the Chief ''"' ' of Naval Operations and the Commandant of the Marine Corps such staff support as each considers necessary to perform his duties and responsibilities. "(e) The Secretary of the Navy shall ensure that the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps, do not duplicate specific func- tions for which the Secretary has assigned responsibility to another of such offices. "(f)(1) The total number of members of the armed forces and civilian employees of the Department of the Navy assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of Chief of Naval Operations, and the Head- quarters, Marine Corps, may not exceed 2,866. "(2) Not more than 1,720 officers of the Navy and Marine Corps on the active-duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps. "(3) The total number of general and flag officers assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Head- quarters, Marine Corps, may not exceed the number equal to 85 percent of the number of general and flag officers assigned or detailed to such duty on the date of the enactment of this subsection. "(4) The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by Congress. President of U.S. The limitation in paragraph (2) does not apply whenever the Presi- dent determines that it is in the national interest to increase the number of officers assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, or the Headquarters, Marine Corps.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1047 "(5) The limitations in paragraphs (1), (2), and (3) do not apply Effective date. before October 1,1988. "§ 5015. Under Secretary of the Navy lO use 5015. "(a) There is an Under Secretary of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate. CMJU 01 "(\)) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Navy may prescribe. "§ 5016. Assistant Secretaries of the Navy M-'^ "(a) There are four Assistant Secretaries of the Navy. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. "(bXD The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Navy may prescribe. "(2) One of the Assistant Secretaries shall be the Assistant Sec- retary of the Navy for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Navy. "§ 5017. Secretary of the Navy: successors to duties "If the Secretary of the Navy dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section 3347 of title 5, directs another person to perform those duties or until the absence or disability ceases: "(1) The Under Secretary of the Navy. "(2) The Assistant Secretaries of the Navy, in the order prescribed by the Secretary of the Navy and approved by the g Secretary of Defense. 4; "(3) The Chief of Naval Operations. "(4) The Commandant of the Marine Corps. .^uo "§ 5018. Administrative Assistant "The Secretary of the Navy may appoint an Administrative Assistant in the Office of the Secretary of the Navy. The Adminis- trative Assistant shall perform such duties as the Secretary may prescribe. "§ 5019. General Counsel "(a) There is a General Counsel of the Department of the Navy, appointed from civilian life by the President. *(b) The General Counsel shall perform such functions as the Secretary of the Navy may prescribe.", (5) Section 5088 is transferred to the end of such chapter (as Z amended by paragraph (4)), redesignated as section 5020, and amended— K (A) by striking out "Office of the Chief of Naval Oper- ations" in subsection (a) and inserting in lieu thereof »' "Office of the Secretary of the Navy"; (B) by redesignating subsection (c) as subsection (d) and striking out "the Chief of Naval Operations" in such subsec- tion and inserting in lieu thereof "the Secretary of the Navy"; and
100 STAT. 1048 PUBLIC LAW 99-433—OCT. 1, 1986 . ji *>^ jvi. : (C) by inserting after subsection (b) the following new subsection (c): "(c) The Naval Inspector General shall cooperate fully with the •' '' Inspector Greneral of the Department of Defense in connection with the performance of any duty or function by the Inspector General of the Department of Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3) regarding the Department of the Navy.". 10 use 5131 et id) TRANSFERS FROM CHAPTER 513.—Sections 5150, 5151, 5152, and seq. 5153 are transferred to the end of chapter 503 (as amended by subsection (c)) and redesignated as sections 5021, 5022, 5023, and Post, p. 1055. 5024, respectively. 10 use 5031 et (e) REPEAL OF SUPERSEDED CHAPTER.—Chapter 505 is repealed. seq. (f) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 503 is amended to read as follows: "Sec. "5011. Organization. "5012. Department of the Navy: seal. "5013. Secretary of the Navy. "5013a. Secretary of the Navy: powers with respect to Coast Guard. "5014. Office of the Secretary of the Navy. "5015. Under Secretary of the Navy. ^_ _ . . .^n "5016. Assistant Secretaries of the Navy. . - J • > •> "5017. Secretary of the Navy: successors to duties. ^ ._, "5018. Administrative Assistant. ' ' "' "5019. General Counsel. "5020. Naval Inspector General: detail; duties. "5021. Office of Naval Research: Chief; appointment, term, emoluments; Assistant Chief; succession to duties. "5022. Office of Naval Research: duties. "5023. Office of Naval Research: appropriations; time limit. "5024. Naval Research Advisory Committee.". SEC. 512. OFFICE OF THE CHIEF OF NAVAL OPERATIONS 10 use 5081 et (a) REPEAL OF FORMER CHAPTER ON OFFICE OF CNO.—Chapter 509 seq. is repealed. Ante, p. 1042; (b) NEW CHAPTER ON OFFICE OF CNO.—Part I of Subtitle C is post, p. 1051. amended by inserting after chapter 503 the following new chapter 505: "CHAPTER 505—OFFICE OF THE CHIEF OF NAVAL OPERATIONS "Sec. "5031. Office of the Chief of Naval Operations: function; composition. "5032. Office of the Chief of Naval Operations: general duties. "5033. Chief of Naval Operations. "5034. Chief of Naval Operations: retirement. ',j^ i-j i »•. "!<; n ' "5035. Vice Chief of Naval Operations. "5036. Deputy Chiefs of Naval Operations. r -1-. • T . ' <ix , • ' - "5037. Assistant Chiefs of Naval Operations. 10 use 5031. "§ 5031. Office of the Chief of Naval Operations: function; com- position "(a) There is in the executive part of the Department of the Navy an Office of the Chief of Naval Operations. The function of the Office of the Chief of Naval Operations is to assist the Secretary of the Navy in carrying out his responsibilities. "(b) The Office of the Chief of Naval Operations is composed of the following: "(1) The Chief of Naval Operations. "(2) The Vice Chief of Naval Operations.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1049 "(3) The Deputy Chiefs of Naval Operations. "(4) The Assistant Chiefs of Naval Operations. "(5) The Surgeon General of the Navy. "(6) The Chief of Naval Personnel. "(7) The Chief of Chaplains of the Navy. "(8) Other members of the Navy and Marine Corps assigned or detailed to the Office of the Chief of Naval Operations. "(9) Civilian employees in the Department of the Navy as- signed or detailed to the Office of the Chief of Naval Operations. "(c) Except as otherwise specifically prescribed by law, the Office of the Chief of Naval Operations shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe. "§ 5032. Office of the Chief of Naval Operations: general duties lO use 5032. "(a) The Office of the Chief of Naval Operations shall furnish professional assistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the Navy and to the Chief of Naval Operations. "(b) Under the authority, direction, and control of the Secretary of the Navy, the Office of the Chief of Naval Operations shall— "(1) subject to subsections (c) and (d) of section 5014 of this title, prepare for such employment of the Navy, and for such , ,.ni recruiting, organizing, supplying, equipping (including those aspects of research and development assigned by the Secretary of the Navy), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Navy, as will assist in rr 08 j o: the execution of any power, duty, or function of the Secretary or the Chief of Naval Operations; "(2) investigate and report upon the efficiency of the Navy and its preparation to support military operations by combatant commands; "(3) prepare detailed instructions for the execution of ap- ' • *^ proved plans and supervise the execution of those plans and instructions; "(4) as directed by the Secretary or the Chief of Naval Oper- ations, coordinate the action of organizations of the Navy; and "(5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary. "§ 5033. Chief of Naval Operations "(a)(1) There is a Chief of Naval Operations, appointed by the President, by and with the advice and consent of the Senate. The Chief of Naval Operations shall be appointed for a term of four years, from officers on the active-duty list in the line of the Navy who are eligible to command at sea and who hold the grade of rear admiral or above. He serves at the pleasure of the President. In time of war or during a national emergency declared by Congress, he may be reappointed for a term of not more than four years. "(2) The President may appoint an officer as the Chief of Naval Operations only if— "(A) the officer has had significant experience in joint duty assignments; and "(B) such experience includes at least one joint duty assign- ment as a flag officer.
100 STAT. 1050 PUBLIC LAW 99-433—OCT. 1, 1986 President of U.S. "(3) The President may waive paragraph (2) in the case of an officer if the President determines such action is necessary in the national interest. "(b) The Chief of Naval Operations, while so serving, has the grade of admiral without vacating his permanent grade. In the performance of his duties within the Department of the Navy, the Chief of Naval Operations takes precedence above all other officers of the naval service. "(c) Except as otherwise prescribed by law and subject to section 5013(f) of this title, the Chief of Naval Operations performs his duties under the authority, direction, and control of the Secretary of the Navy and is directly responsible to the Secretary. "(d) Subject to the authority, direction, and control of the Sec- retary of the Navy, the Chief of Naval Operations shall— S)-tj fc ^ ,•; "(1) preside over the Office of the Chief of Naval Operations; "(2) transmit the plans and recommendations of the Office of the Chief of Naval Operations to the Secretary and advise the Secretary with regard to such plans and recommendations; "(3) after approval of the plans or recommendations of the Office of the Chief of Naval Operations by the Secretary, act as the agent of the Secretary in carrying them into effect; "(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant com- Ante, p. 1012. mands under chapter 6 of this title, over such of the members and organizations of the Navy and the Marine Corps as the Secretary determines; "(5) perform the duties prescribed for him by section 171 of 10 use 171. this title and other provisions of law; and "(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the Secretary of Defense, or the Secretary of the Navy. "(eXD The Chief of Naval Operations shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under Ante, p. 1005. section 151 of this title. "(2) To the extent that such action does not impair the independ- ence of the Chief of Naval Operations in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Naval Operations shall inform the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affect- ing the Department of the Navy. "(3) Subject to the authority, direction, and control of the Sec- retary of Defense, the Chief of Naval Operations shall keep the Secretary of the Navy fully informed of significant military oper- ations affecting the duties and responsibilities of the Secretary. "§ 5034. Chief of Naval Operations: retirement "An officer who is retired while serving as Chief of Naval Oper- ations, or who, after serving at least two and one-half years as Chief of Naval Operations, is retired after completion of that service while serving in a lower grade than admiral, may, in the discretion of the President, be retired with the grade of admiral. "§ 5035. Vice Chief of Naval Operations "(a) There is a Vice Chief of Naval Operations, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list in the line of the Navy serving in grades above captain and eligible to command at sea.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1051 "(b) The Vice Chief of Naval Operations, while so serving, has the grade of admiral without vacating his permanent grade. "(c) The Vice Chief of Naval Operations has such authority and duties with respect to the Department of the Navy as the Chief of Naval Operations, with the approval of the Secretary of the Navy, .T may delegate to or prescribe for him. Orders issued by the Vice Chief of Naval Operations in performing such duties have the same effect as those issued by the Chief of Naval Operations. "(d) When there is a vacancy in the office of Chief of Naval Operations or during the absence or disability of the Chief of Naval Operations— "(1) the Vice Chief of Naval Operations shall perform the duties of the Chief of Naval Operations until a successor is appointed or the absence or disability ceases; or (2) if there is a vacancy in the office of the Vice Chief of Naval Operations or the Vice Chief of Naval Operations is absent or disabled, unless the President directs otherwise, the most senior officer of the Navy in the Office of the Chief of Naval Operations who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Naval Operations until a successor to the Chief of Naval Operations or the Vice Chief of Naval Operations is appointed or until the absence or disability of the Chief of Naval Operations or Vice Chief of Naval Operations ceases, whichever occurs first. "§ 5036. Deputy Chiefs of Naval Operations "(a) There are in the Office of the Chief of Naval Operations not more than five Deputy Chiefs of Naval Operations, detailed by the Secretary of the Navy from officers on the active-duty list in the line of the Navy serving in grades above captain. "(b) The Deputy Chiefs of Naval Operations are charged, under the direction of the Chief of Naval Operations, with the execution of the functions of their respective divisions. Orders issued by the Deputy Chiefs of Naval Operations in performing the duties as- signed them are considered as coming from the Chief of Naval Operations. "§ 5037. Assistant Chiefs of Naval Operations "(a) There are in the Office of the Chief of Naval Operations not more than three Assistant Chiefs of Naval Operations, detailed by the Secretary of the Navy from officers on the active-duty list in the line of the Navy and officers on the active-duty list of the Marine Corps. "(b) The Assistant Chiefs of Naval Operations shall perform such duties as the Secretary of the Navy prescribes.". SEC. 513. HEADQUARTERS, MARINE CORPS (a) REPEAL OF FORMER CHAPTER ON HEADQUARTERS, MARINE CORPS.—Chapter 515 is repealed. lo use 520i et (b) NEW CHAPTER.—Part I of subtitle C is amended by inserting seq. after chapter 505 (as added by section 512 of this Act) the following Ante, p. 1042. new chapter: "CHAPTER 506—HEADQUARTERS, MARINE CORPS "Sec. "5041. Headquarters, Marine Corps: function; composition.
100 STAT. 1052 PUBLIC LAW 99-433—OCT. 1, 1986 "5042. Headquarters, Marine Corps: general duties. "^ "5043. Commandant of the Marine Corps. "5044. Assistant Commandant of the Marine Corps. "5045. Chief of Staff; Deputy and Assistant Chiefs of Staff. 10 use 5041. "§ 5041. Headquarters, Marine Corps: function; composition "(a) There is in the executive part of the Department of the Navy a Headquarters, Marine Corps. The function of the Headquarters, Marine Corps, is to assist the Secretary of the Navy in carrying out his responsibilities. "(b) The Headquarters, Marine Corps, is composed of the following: "(1) The Commandant of the Marine Corps. "(2) The Assistant Commandant of the Marine Corps. "(3) The Chief of Staff of the Marine Corps. "(4) The Deputy Chiefs of Staff. "(5) The Assistant Chiefs of Staff. "(6) Other members of the Navy and Marine Corps assigned or detailed to the Headquarters, Marine Corps. "(7) Civilian employees in the Department of the Navy assigned or detailed to the Headquarters, Marine Corps. "(c) Except as otherwise specifically prescribed by law, the Head- quarters, Marine Corps, shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe. "§ 5042. Headquarters, Marine Corps: general duties "(a) The Headquarters, Marine Corps, shall furnish professional assistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the Navy and to the Commandant of the Marine Corps. "(b) Under the authority, direction, and control of the Secretary of the Navy, the Headquarters, Marine Corps, shall— "(1) subject to subsections (c) and (d) of section 5014 of this title, prepare for such employment of the Marine Corps, and for such recruiting, organizing, supplying, equipping (including research and development), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Marine Corps, as will assist in the execution of any power, duty, or function of the Secretary or the Commandant; "(2) investigate and report upon the efficiency of the Marine Corps and its preparation to support military operations by combatant commanders; "(3) prepare detailed instructions for the execution of approved plans and supervise the execution of those plans and instructions; "(4) as directed by the Secretary or the Commandant, coordi- nate the action of organizations of the Marine Corps; and "(5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary. "§ 5043. Commandant of the Marine Corps ""' * ' "(aXD There is a Commandant of the Marine Corps, appointed by the President, by and with the advice and consent of the Senate. The Commandant shall be appointed for a term of four years from officers on the active-duty list of the Marine Corps not below the grade of colonel. He serves at the pleasure of the President. In time , ^-iiij J . -.'^J >
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1053 of war or during a national emergency declared by Congress, he may be reappointed for a term of not more than four years. "(2) The President may appoint an officer as Commandant of the Marine Corps only if^ "(A) the officer has had significant experience in joint duty assignments; and j "(B) such experience includes at least one joint duty assign- ment as a general officer. "(3) The President may waive paragraph (2) in the case of an President of U.S. officer if the President determines such action is necessary in the national interest. "(b) The Commandant of the Marine Corps, while so serving, has the grade of general without vacating his permanent grade. "(c) An officer who is retired while serving as Commandant of the Marine Corps, or who, after serving at least two and one-half years as Commandant, is retired after completion of that service while serving in a lower grade than general, may, in the discretion of the President, be retired with the grade of general. "(d) Except as otherwise prescribed by law and subject to section 5013(f) of this title, the Commandant performs his duties under the authority, direction, and control of the Secretary of the Navy and is directly responsible to the Secretary. "(e) Subject to the authority, direction, and control of the Sec- retary of the Navy, the Commandant shall— "(1) preside over the Headquarters, Marine Corps; "(2) transmit the plans and recommendations of the Head- l quarters, Marine Corps, to the Secretary and advise the Sec- retary with regard to such plans and recommendations; "(3) after approval of the plans or recommendations of the Headquarters, Marine Corps, by the Secretary, act as the agent of the Secretary in carrying them into effect; "(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant com- r mands under chapter 6 of this title, over such of the members Ante, p. 1012. and organizations of the Marine Corps and the Navy as the Secretary determines; "(5) perform the duties prescribed for him by section 171 of I this title and other provisions of law; and "(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the Secretary of Defense, or the Secretary of the Navy. "(f)(1) The Commandant shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section 151 of this title. Ante, p. 1005. "(2) To the extent that such action does not impair the independ- ence of the Commandant in the performance of his duties as a member of the Joint Chiefs of Staff, the Commandant shall inform the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Navy. iP- ii "(3) Subject to the authority, direction, and control of the Sec- retary of Defense, the Commandant shall keep the Secretary of the Navy fully informed of significant military operations affecting the duties and responsibilities of the Secretary.
100 STAT. 1054 PUBLIC LAW 99-433—OCT. 1, 1986 10 use 5044. "§ 5044. Assistant Commandant of the Marine Corps "(a) There is an Assistant Commandant of the Marine Corps, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list of the Marine Corps not restricted in the performance of duty. "(b) The Assistant Commandant of the Marine Corps, while so serving, has the grade of general without vacating his permanent grade. * . v.:.j--»-'-- "(c) The Assistant Commandant has such authority and duties with respect to the Marine Corps as the Commandant, with the approval of the Secretary of the Navy, may delegate to or prescribe for him. Orders issued by the Assistant Commandant in performing such duties have the same effect as those issued by the Commandant. "(d) When there is a vacancy in the office of Commandant of the Marine Corps, or during the absence or disability of the Commandant— "(1) the Assistant Commandant of the Marine Corps shall perform the duties of the Commandant until a successor is appointed or the absence or disability ceases; or "(2) if there is a vacancy in the office of the Assistant Com- mandant of the Marine Corps or the Assistant Commandant is absent or disabled, unless the President directs otherwise, the -t»< most senior officer of the Marine Corps in the Headquarters, Marine Corps, who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the ^^' Commandant until a successor to the Commandant or the '* Assistant Commandant is appointed or until the absence or disability of the Commandant or Assistant Commandant ceases, whichever occurs first. "§ 5045. Chief of Staff; Deputy and Assistant Chiefs of Staff "There are in the Headquarters, Marine Corps, a Chief of Staff, not more than five Deputy Chiefs of Staff, and not more than three .i 1)1 q jiiiih Assistant Chiefs of Staff, detailed by the Secretary of the Navy from officers on the active-duty list of the Marine Corps.". SEC. 514. TECHNICAL AND CLERICAL AMENDMENTS (a) CONFORMING AMENDMENTS TO CHAPTER 513.—(1) The heading of chapter 513 is amended to read as follows: ^" "CHAPTER 513—BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL". (2) Section 5155 is redesignated £is section 5150. f : »\Rc (3) rpj^g table of sections at the beginning of such chapter is amended— (A) by striking out the items relating to sections 5150, 5151, 5152, and 5153; and (B) by redesignating the item relating to section 5155 to conform to the redesignation made by paragraph (2). 10 u s e 7861 et Qo) TECHNICAL AMENDMENTS TO CHAPTER 6 6 1 . — C h a p t e r 661 i s seq- amended— (1) by redesignating sections 7861 and 7862 as sections 7862 rftij and 7863, respectively; and (2) by striking out the table of sections at the beginning of such chapter and inserting in lieu thereof the following:
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1055 "Sec. "7861. Custody of departmental records and property. "7862. Accounts of paymasters of lost or captured naval vessels. "7863. Disbursements by order of commanding officer. "§ 7861. Custody of departmental records and property 10 USC 7861. "The Secretary of the Navy has custody and charge of all books, records, papers, furniture, fixtures, and other property under the lawful control of the executive part of the Department of the Navy.". (c) CROSS-REFERENCE AMENDMENTS.—(1) Section 125(b) is amended Ante, p. 996. by striking out "5012, 5013" and inserting in lieu thereof "5062, 5063". (2) Section 5023 (as redesignated by section 511(d) of this Act) is amended by striking out "section 5151" in subsection (a) and insert- ing in lieu thereof "section 5022". (3) Sections 5589(a) and 6027 are amended by striking out "section 5155(b)" and inserting in lieu thereof "section 5150(b)". (d) CLERICAL AMENDMENTS.—(1) The tables of chapters at the beginning of subtitle C, and at the beginning of part I of such subtitle, are each amended by striking out the items relating to chapters 505, 507, 509, 513, and 515 and inserting in lieu thereof the following: "i>05. Office of the Chief of Naval Operations 5031 "506. Headquarters, Marine Corps 5041 "507. Composition of the Department of the Navy 5061 "513. Bureaus; Office of the Judge Advocate General 5131". (2) Subsection (c) of section 5024 (as redesignated by section 511(d) of this Act) is amended by striking out "claim proceeding" and inserting in lieu thereof "claim, proceeding,". PART C—DEPARTMENT OF THE AIR FORCE SEC. 521. THE AIR FORCE SECRETARIAT (a) AMENDMENTS TO CHAPTER 803.—(1) Sections 8010, 8011, 8012, lo USC 8010 et 8013, and 8014 are redesignated as sections 8011, 8012, 8013, 8014, seq. and 8015, respectively. (2) Section 8019 is transferred to the end of chapter 805 and is 10 USC 8031 et redesignated as section 8038. s^?.; post, p. (3) Chapter 803 is amended by striking out sections 8013, 8014, and l^^^. 8015 (as redesignated by paragraph (1)) and inserting in lieu thereof the following: "§ 8013. Secretary of the Air Force "(a)(1) There is a Secretary of the Air Force, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary is the head of the Department of the Air Force. "(2) A person may not be appointed as Secretary of the Air Force within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force. "Ot>) Subject to the authority, direction, and control of the Sec- retary of Defense and subject to the provisions of chapter 6 of this title, the Secretary of the Air Force is responsible for, and has the Ante, p. 1012. authority necessary to conduct, all affairs of the Department of the Air Force, including the following functions:
100 STAT. 1056 PUBLIC LAW 99-433—OCT. 1, 1986 "(1) Recruiting. "(2) Organizing. ' "(3) Supplying. "(4) Equipping (including research and development). "(5) Training. jBT>::.Mn "(6) Servicing. '• <»^ "'•••:} % • • n . . - - "(7) Mobilizing. "(8) Demobilizing. "(9) Administering (including the morale and welfare of personnel). > ,,, .i "(10)Maintaining. "(11) The construction, outfitting, and repair of military equipment. "(12) The construction, maintenance, and repair of buildings, structures, and utilities and the acquisition of real property and interests in real property necessary to carry out the responsibil- ities specified in this section. "(c) Subject to the authority, direction, and control of the Sec- retary of Defense, the Secretary of the Air Force is also responsible to the Secretary of Defense for— "(1) the functioning and efficiency of the Department of the Air Force; "(2) the formulation of policies and programs by the Depart- ment of the Air Force that are fully consistent with national security objectives and policies established by the President or the Secretary of Defense; "(3) the effective and timely implementation of policy, pro- gram, and budget decisions and instructions of the President or the Secretary of Defense relating to the functions of the Depart- ment of the Air Force; "(4) carrying out the functions of the Department of the Air Force so as to fulfill (to the maximum extent practicable) the current and future operational requirements of the unified and specified combatant commands; ; ^, "(5) effective cooperation and coordination between the ' • "• * Department of the Air Force and the other military depart- ments and agencies of the Department of Defense to provide for more effective, efficient, and economical administration and to ' t^'!^ ^'^^ , eliminate duplication; ' *^ .;: . "(6) the presentation and justification of the positions of the ^' Department of the Air Force on the plans, programs, and '"' policies of the Department of Defense; and "(7) the effective supervision and control of the intelligence activities of the Department of the Air Force. "(d) The Secretary of the Air Force is also responsible for such other activities as may be prescribed by law or by the President or Secretary of Defense. "(e) After first informing the Secretary of Defense, the Secretary of the Air Force may make such recommendations to Congress relating to the Department of Defense as he considers appropriate. "(f) The Secretary of the Air Force may assign such of his func- tions, powers, and duties as he considers appropriate to the Under Secretary of the Air Force and to the Assistant Secretaries of the Air Force. Officers of the Air Force shall, as directed by the Sec- LIOI .(} ,,>Vnf. retary, report on any matter to the Secretary, the Under Secretary, or any Assistant Secretary. "(g) The Secretary of the Air Force may—
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1057 £; "(1) assign, detail, and prescribe the duties of members of the Air Force and civilian personnel of the Department of the Air Force; "(2) change the title of any officer or activity of the Depart- ment of the Air Force not prescribed by law; and "(3) prescribe regulations to carry out his functions, powers, and duties under this title. "§ 8014. Office of the Secretary of the Air Force 10 USC 8014. "(a) There is in the Department of the Air Force an Office of the Secretary of the Air Force. The function of the Office is to assist the Secretary of the Air Force in carrying out his responsibilities. "(b) The Office of the Secretary of the Air Force is composed of the following: "(1) The Under Secretary of the Air Force. "(2) The Assistant Secretaries of the Air Force. "(3) The General Counsel of the Department of the Air Force. •«, "(4) The Inspector General of the Air Force. "(5) The Air Reserve Forces Policy Committee. J "(6) Such other offices and officials as may be established by law or as the Secretary of the Air Force may establish or designate. "(c)(1) The Office of the Secretary of the Air Force shall have sole responsibility within the Office of the Secretary and the Air Staff for the following functions: "(A) Acquisition. "(B) Auditing. o "(C) Comptroller (including financial management). "(D) Information management. "(E) Inspector General. "(F) Legislative affairs. "(G) Public affairs. "(2) The Secretary of the Air Force shall establish or designate a single office or other entity within the Office of the Secretary of the Air Force to conduct each function specified in paragraph (1). No office or other entity may be established or designated within the Air Staff to conduct any of the functions specified in paragraph (1). ^ "(3) The Secretary shall prescribe the relationship of each office or other entity established or designated under paragraph (2) to the Chief of Staff and to the Air Staff and shall ensure that each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and respon- sibilities. "(4) The vesting in the Office of the Secretary of the Air Force of the responsibility for the conduct of a function specified in para- graph (1) does not preclude other elements of the executive part of the Department of the Air Force (including the Air StafO from providing advice or assistance to the Chief of Staff or otherwise participating in that function within the executive part of the Department under the direction of the office assigned responsibility for that function in the Office of the Secretary of the Air Force. "(d)(1) Subject to paragraph (2), the Office of the Secretary of the Air Force shall have sole responsibility within the Office of the Secretary and the Air Staff for the function of research and develop- ment. "(2) The Secretary of the Air Force may assign to the Air Staff responsibility for those aspects of the function of research and V 1 _ 1 0 / . n _ «Q _ "lA • OT T Pni-f-1
100 STAT. 1058 PUBLIC LAW 99-433—OCT. 1, 1986 development that relate to military requirements and test and evaluation. "(3) The Secretary shall establish or designate a single office or other entity within the Office of the Secretary of the Air Force to conduct the function specified in paragraph (1). "(4) The Secretary shall prescribe the relationship of the office or other entity established or designated under paragraph (3) to the , ^, r ,.r Chief of Staff of the Air Force and to the Air Staff and shall ensure .u ., ^Yig^^ each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities. "(e) The Secretary of the Air Force shall ensure that the Office of the Secretary of the Air Force and the Air Staff do not duplicate specific functions for which the Secretary has assigned responsibil- ity to the other. "(f)(1) The total number of members of the armed forces and civilian employees of the Department of the Air Force assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Staff may not exceed 2,639. "(2) Not more than 1,585 officers of the Air Force on the active- duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Staff. "(3) The total number of general officers assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Staff may not exceed the number equal to 85 percent of the number of general officers assigned or detailed to such duty on the date of the enactment of this subsection. "(4) The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by Congress. President of U.S. The limitation in paragraph (2) does not apply whenever the Presi- dent determines that it is in the national interest to increase the number of officers assigned or detailed to permanent duty in the Office of the Secretary of the Air Force or on the Air Staff. "(5) The limitations in paragraphs (1), (2), and (3) do not apply before October 1,1988. 10 use 8015. "§ 8015. Under Secretary of the Air Force "(a) There is an Under Secretary of the Air Force, appointed from civilian life by the President, by and with the advice and consent of the Senate. "(b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Air Force may prescribe. "§ 8016. Assistant Secretaries of the Air Force "(a) There are three Assistant Secretaries of the Air Force. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. "(b)(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Air Force may prescribe. "(2) One of the Assistant Secretaries shall be the Assistant Sec- retary of the Air Force for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Air Force.". (4) Section 8017 is amended— (A) by striking out "(a)" at the beginning of the text of such i»ii>. section; -^ uutj^is^jz CJII-I .J ^^'-.^ .j.-. -JCV-? i?.-.; t-*-5A»-it%" .•••i'^'^i
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1059 (B) by striking out clause (2) and inserting in lieu thereof the following: "(2) The Assistant Secretaries of the Air Force, in the order prescribed by the Secretary of the Air Force and approved by the Secretary of Defense."; and (C) by striking out subsection Ot)). (5) Chapter 803 is further amended by adding at the end the following new sections: "§ 8018. Administrative Assistant 10 use 8018. "The Secretary of the Air Force may appoint an Administrative Assistant in the Office of the Secretary of the Air Force. The Administrative Assistant shall perform such duties as the Secretary may prescribe. "§ 8019. General Counsel "(a) There is a General Counsel of the Department of the Air Force, appointed from civilian life by the President. "(b) The General Counsel shall perform such functions as the Secretary of the Air Force may prescribe. "§ 8020. Inspector General "(a) There is an Inspector General of the Air Force who shall be detailed to such position by the Secretary of the Air Force from the general officers of the Air Force. An officer may not be detailed to such position for a tour of duty of more than four years, except that the Secretary may extend such a tour of duty if he makes a special finding that the extension is necessary in the public interest. "(h) When directed by the Secretary or the Chief of Staff, the Inspector General shall— "(1) inquire into and report upon the discipline, efficiency, n and economy of the Air Force; and "(2) perform any other duties prescribed by the Secretary or the Chief of Staff. "(c) The Inspector General shall periodically propose programs of inspections to the Secretary of the Air Force and shall recommend additional inspections and investigations as may appear appro- priate. "(d) The Inspector General shall cooperate fully with the Inspec- tor General of the Department of Defense in connection with the performance of any duty or function by the Inspector General of the Department of Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3) regarding the Department of the Air Force. "(e) The Inspector General shall have such deputies and assistants as the Secretary of the Air Force may prescribe. Each such deputy and Eissistant shall be an officer detailed by the Secretary to that position from the officers of the Air Force for a tour of duty of not more than four years, under a procedure prescribed by the Sec- retary.". (6) Section 8033 is transferred to the end of chapter 803 (as amended by paragraph (5)), redesignated as section 8021, and amended— (A) in subsection (a)— (i) by striking out "Policy which" and inserting in lieu thereof "Policy. The Committee"; r;, (ii) by inserting "and the mobilization preparedness" after "reserve components";
100 STAT. 1060 PUBLIC LAW 99-433—OCT. 1, 1986 " (iii) by striking out "Air Force and the" and inserting in lieu thereof "Air Force. The"; and ^"^Z (iv) by striking out "Chief of Staff, and the Assistant '^^ Secretary responsible for reserve affairs" and inserting in lieu thereof "Secretary of the Air Force and the Chief of Staff"; (B) in subsection (b), by inserting "and" after the semicolon in clause (2); and j ! f>; (C) by striking out the section heading and inserting in lieu thereof the following: 10 use 8021. "§ 8021. Air Force Reserve Forces Policy Committee". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 803 is amended to read as follows: "Sec. "..'•' r-' • -., "8011. Organization. "j • ;,... "8012. Department of the Air Force: seal. , , "8013. Secretary of the Air Force. "8014. Office of the Secretary of the Air Force. "8015. Under Secretary of the Air Force. "8016. Assistant Secretaries of the Air Force. .•.,,.. .^ •- "8017. Secretary of the Air Force: successors to duties. * " I'^H'^*^^ - , .. "8018. Administrative Assistant. * -f-j T f i'* "8019. General Counsel. "8020. Inspector General. "8021. Air Force Reserve Forces Policy Committee.". SEC. 522. THE AIR STAFF (a) COMPOSITION OF THE AIR STAFF.—Section 8031 is amended to read as follows: "§ 8031. The Air Staff: function; composition "(a) There is in the executive part of the Department of the Air Force an Air Staff. The function of the Air Staff is to assist the Secretary of the Air Force in carrying out his responsibilities. "0>) The Air Staff is composed of the following: "(1) The Chief of Staff. "(2) The Vice Chief of Staff. "(3) The Deputy Chiefs of Staff. "(4) The Assistant Chiefs of Staff. "(5) The Surgeon General of the Air Force. "(6) The Judge Advocate General of the Air Force. "(7) The Chief of the Air Force Reserve. "(8) Other members of the Air Force assigned or detailed to 8 r the Air Staff "(9) Civilian employees in the Department of the Air Force assigned or detailed to the Air Staff. "(c) Except as otherwise specifically prescribed by law, the Air Staff shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe.". Qo) GENERAL DUTIES.—(1) Subsection (a) of section 8032 is amended by inserting "of the Air Force" after "Chief of Staff. (2) Subsection OJ) of such section is amended— (A) by striking out "The Air Staff in the matter preceding clause (1) and inserting in lieu thereof "Under the authority, J* direction, and control of the Secretary of the Air Force, the Air Staff;
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1061 (B) by inserting "subject to subsections (c) and (d) of section 8014 of this title,' before "prepare" in clause (1); (C) by striking out ", training, serving, mobilizing, and demobilizing" in clause (1) and inserting in lieu thereof "(includ- ing those aspects of research and development assigned by the Secretary of the Air Force), training, servicing, mobilizing, demobilizing, administering, and maintaining"; (D) by striking out "for military operations" in clause (2) and inserting in lieu thereof "to support military operations by combatant commands"; and (E) by striking out clause (4) and inserting in lieu thereof the following: "(4) as directed by the Secretary or the Chief of Staff, coordi- nate the action of organizations of the Air Force; and". (3) The heading of such section is amended to read as follows: "§ 8032. The Air Staff: general duties". 10 use 8032. (c) CHIEF OF STAFF.—Section 8034 is redesignated as section 8033 and is amended to read as follows: "§8033. Chief of Staff "(a)(1) There is a Chief of Staff of the Air Force, appointed for a period of four years by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. He serves at the pleasure of the President. In time of war or during a national emergency declared by Congress, he may be reappointed for a term of not more than four years. "(2) The President may appoint an officer as Chief of Staff only if— "(A) the officer has had significant experience in joint duty assignments; and "(B) such experience includes at least one joint duty assign- ment as a general officer. "(3) The President may waive paragraph (2) in the case of an President of U.S. officer if the President determines such action is necessary in the national interest. "(b) The Chief of Staff, while so serving, has the grade of general without vacating his permanent grade. "(c) Except as otherwise prescribed by law and subject to section 8013(f) of this title, the Chief of Staff performs his duties under the authority, direction, and control of the Secretary of the Air Force and is directly responsible to the Secretary. "(d) Subject to the authority, direction, and control of the Sec- retary of the Air Force, the Chief of Staff shall— "(1) preside over the Air Staff; "(2) transmit the plans and recommendations of the Air Staff : *'J "> to the Secretary and advise the Secretary with regard to such ^ |- plans and recommendations; "(3) after approval of the plans or recommendations of the Air Staff by the Secretary, act as the agent of the Secretary in carrying them into effect; 1« "(4) exercise supervision, consistent with the authority as- signed to commanders of unified or specified combatant com- mands under chapter 6 of this title, over such of the members Ante, p. 1012. and organizations of the Air Force as the Secretary determines; "(5) perform the duties prescribed for him by section 171 of '" this title and other provisions of law; and
100 STAT. 1062 PUBLIC LAW 99-433—OCT. 1, 1986 "(6) perform such other military duties, not otherwise as- signed by law, as are assigned to him by the President, the Secretary of Defense, or the Secretary of the Air Force. "(e)(1) The Chief of Staff shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section 151 of this title. "(2) To the extent that such action does not impair the independ- ence of the Chief of Staff in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Air Force. "(3) Subject to the authority, direction, and control of the Sec- retary of Defense, the Chief of Staff shall keep the Secretary of the Air Force fully informed of significant military operations affecting ,'f;(! .f J»' *^® duties and responsibilities of the Secretary.". (d) VICE CHIEF OF STAFF.—Section 8035 is redesignated as section 8034 and is amended— (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following: "(a) There is a Vice Chief of Staff of the Air Force, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. "(b) The Vice Chief of Staff of the Air Force, while so serving, has the grade of general without vacating his permanent grade."; (2) by striking out subsection (c); (3) by redesignating subsection (d) as subsection (c); (4) by adding at the end the following new subsection: "(d) When there is a vacancy in the office of Chief of Staff or during the absence or disability of the Chief of Staffs "(1) the Vice Chief of Staff shall perform the duties of the ' Chief of Staff until a successor is appointed or the absence or disability ceases; or :c. ; u:- jn -. RJ W(2) if there is a vacancy in the office of the Vice Chief of Staff or the Vice Chief of Staff is absent or disabled, unless the President directs otherwise, the most senior officer of the Air ^ Force in the Air Staff who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Staff until a successor to the Chief of Staff or the Vice Chief of Staff is appointed or until the absence or disability of the Chief of Staff or Vice Chief of Staff ceases, whichever occurs first."; and ^' (5) by striking out the section heading and inserting in lieu thereof the following: 10 use 8034. "§ 8034. Vice Chief of Staff. Ante, p. 1055. (e) DEPUTY CHIEFS OF STAFF.—Chapter 805 is further amended by inserting after section 8034 (as redesignated by subsection (d) of this section) the following new section: "§ 8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff "(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff shall be general officers detailed to those positions. '^ ^ '• "(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of Staff shall be prescribed by the Secretary, except that— "(1) there may not be more than five Deputy Chiefs of Staff; and
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1063 "(2) there may not be more than three Assistant Chiefs of Staff.". (f) JUDGE ADVOCATE GENERAL; DEPUTY JUDGE ADVOCATE GEN- ERAL.—Section 8072 is transferred to chapter 805, inserted after Ante, p. 1062. section 8036, and redesignated as section 8037. (g) CLERICAL AMENDMENTS.—(1) The table of sections at the begin- ning of chapter 805 is amended to read as follows: "Sec. "8031. The Air Staff: function; composition. "8032. The Air Staff: general duties. "8033. Chief of Staff. .; "8034. Vice Chief of Staff. "8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff. "8036. Surgeon General: appointment; grade. "8037. Judge Advocate General, Deputy Judge Advocate General: appointment; duties. "8038. Office of Air Force Reserve: appointment of Chief". (2) The heading of section 8036 is amended by striking out the 10 USC 8036. comma and inserting in lieu thereof a semicolon. (3) Section 8038 (as redesignated by section 521(a)(2)) is amended by striking out the comma in subsection (a) after "Chief of Staff. (4) The table of sections at the beginning of chapter 807 is amended by striking out the item relating to section 8072. '•^^i '>gu or SEC. 523. AUTHORITY TO ORGANIZE AIR FORCE INTO SEPARATE ORGANIZATIONS Section 8074(a) is amended by striking out "The" and inserting in lieu thereof "Except as otherwise prescribed by law or by the Secretary of Defense, the". PART D—GENERAL CONFORMING AMENDMENTS AND TRANSITION jf PROVISIONS SEC. 531. CONFORMING AMENDMENTS (a) AMENDMENTS TO TITLE 10.—(1) Sections 175(d) and 523(b)(lXB) are amended by striking out "3033" and "8033" and inserting in lieu thereof "3021" and "8021", respectively. (2) Section 641(1)(B) is amended by striking out "3015, 3019, 3033, 3496, 5251, 5252, 8019, 8033," and inserting in lieu thereof "3021, 3038, 3040, 3496, 5251, 5252, 8021, 8038,". Ot)) AMENDMENTS TO TITLE 37.—Section 204((a)(2) of title 37, United States Code, is amended by striking out "3033" and "8033" and inserting in lieu thereof "3021" and "8021", respectively. SEC. 532. TRANSITION (a) EFFECTIVE DATE.—The provisions of subsections (c) and (d) of lO use 3014 each of sections 3014, 5014, and 8014 of title 10, United States Code, note. as added by sections 501, 511, and 521, respectively, shall be imple- mented not later than 180 days after the date of the enactment of this Act. (h) REPORT.—Not later than 210 days after the date of the enact- ment of this Act, the Secretary of each military department shall submit to Congress a report on the actions that have been taken to implement the provisions referred to in subsection (a) with respect to that military department. (c) WAIVER OF QUAUFICATIONS FOR APPOINTMENT AS SERVICE President of U.S. CHIEF.—(1) The President may waive, as provided in paragraph (2), 10 USC 3033 note.
100 STAT. 1064 PUBLIC LAW 99-433—OCT. 1, 1986 the requirements provided for in section 3033(a)(2), 5033(a)(2), 5043(a)(2), and 8033(a)(2) of title 10, United States Code (as added or amended by sections 502, 512, 513, and 522, respectively). t .''^'••' (2) In exercising such waiver authority, the President may, in the case of any officer— (A) waive the requirement under section 664 of such title (as added by section 401 of this Act) for the length of a joint duty assignment if the officer has served in such an assignment for not less than two years; and (B) consider as a joint duty assignment any tour of duty served by the officer as a general or flag officer before the date of the enactment of this Act (or being served on the date of the enactment of this Act) that was considered to be a joint duty assignment or a joint equivalent assignment under regulations in effect at the time the assignment began. (3) A waiver under paragraph (2) may not be made in the case of J .. r J . . any officer more than four years after the date of the enactment of (4) A waiver under this subsection may be made only on a case-by- case basis. TITLE VI—MISCELLANEOUS 10 u s e 194 note. SEC. 601. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT HEAD- QUARTERS ACTIVITIES AND CERTAIN OTHER ACTIVITIES Effective date. (a) MILITARY DEPARTMENTS AND COMBATANT COMMANDS.—(1) Effective on October 1, 1988, the total number of members of the Armed Forces and civilian employees assigned or detailed to duty described in paragraph (2) may not exceed the number equal to 90 percent of the total number of such members and employees as- signed or detailed to such duty on September 30,1986. (2) Duty referred to in paragraph (1) is permanent duty in the military departments and in the unified and specified combatant commands to perform management headquarters activities or management headquarters support activities. (3) In computing and implementing the limitation in paragraph (1), the Secretary of Defense shall exclude members and employees who are assigned or detailed to permanent duty to perform manage- ment headquarters activities or management headquarters support activities in the following: (A) The Office of the Secretary of the Army and the Army Staff. (B) The Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps. ' ' (C) The Office of the Secretary of the Air Force and the Air Staff. (D) The immediate headquarters staff of the commander of each unified or specified combatant command. (4) If the Secretary of Defense applies any reduction in personnel required by the limitation in paragraph (1) to a unified or specified combatant command, the commander of that command, after consulting with his directly subordinate commanders, shall deter- mine the manner in which the reduction shall be accomplished. (b) DEFENSE AGENCIES AND D O D FIELD ACTIVITIES.—dXA) Not later than September 30, 1988, the Secretary of Defense shall reduce
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1065 the total number of members of the Armed Forces and civilian employees assigned or detailed to permanent duty in the manage- ment headquarters activities and management headquarters sup- port activities in the Defense Agencies and Department of Defense Field Activities by a number that is at least 5 percent of the total number of such members and employees assigned or detailed to such duty on September 30,1986. (B) Not later than September 30, 1989, the Secretary shall carry out an additional reduction in such members and employees of not less than 10 percent of the number of such members and employees assigned or detailed to such duty on September 30,1988. (C) If the number of members and employees reduced under subparagraph (A) or (B) is in excess of the reduction required to be made by that subparagraph, such excess number may be applied to the number required to be reduced under paragraph (2). (2)(A) Not later than September 30, 1988, the Secretary of Defense shall reduce the total number of members of the Armed Forces and civilian employees assigned or detailed to permanent duty in the Defense Agencies and Department of Defense Field Activities, other than members and employees assigned or detailed to duty in management headquarters activities or management headquarters support activities, by a number that is at least 5 percent of the total ; c -f*' number of such members and employees £issigned or detailed to such duty on September 30,1986. (B) Not later than September 30, 1989, the Secretary shall carry out an additional reduction in such members and employees of not less than 5 percent of the number of such members and employees assigned or detailed to such duty on September 30,1988. (3) If after the date of the enactment of this Act and before October 1, 1988, the total number of members and employees de- scribed in paragraph (1)(A) or (2)(A) is reduced by a number that is in excess of the number required to be reduced under that para- graph, the Secretary may, in meeting the additional reduction required by paragraph (1)(B) or (2)(B), as the case may be, offset such additional reduction by that excess number. (4) The National Security Agency shall be excluded in computing and making reductions under this subsection. (c) PROHIBITION AGAINST CERTAIN ACTIONS TO ACHIEVE REDUC- TIONS.—Compliance with the limitations and reductions required by subsections (a) and 0>) may not be accomplished by recategorizing or redefining duties, functions, offices, or organizations. (d) ALLOCATIONS TO B E MADE BY SECRETARY OF DEFENSE.—(1) The Secretary of Defense shall allocate the reductions required to comply with the limitations in subsections (a) and (b) in a manner consistent with the efficient operation of the Department of Defense. If the Secretary determines that national security requirements dictate that a reduction (or any portion of a reduction) required by subsection Ot)) not be made from the Defense Agencies and Depart- ment of Defense Field Activities, the Secretary may allocate such reduction (or any portion of such reduction) (A) to personnel as- signed or detailed to permanent duty in management headquarters activities or management headquarters support activities, or (B) to personnel assigned or detailed to permanent duty in other than management headquarters activities or management headquarters ' ' ' support activities, as the case may be, of the Department of Defense other than the Defense Agencies and Department of Defense Field Activities.
100 STAT. 1066 PUBLIC LAW 99-433—OCT. 1, 1986 (2) Among the actions that are taken to carry out the reductions required by subsections (a) and (b), the Secretary shall consolidate and eliminate unnecessary management headquarters activities and management headquarters support activities. (e) TOTAL REDUCTIONS.—Reductions in personnel required to be made under this section are in addition to any reductions required to be made under other provisions of this Act or any amendment made by this Act. (f) DEFINITIONS.—For purposes of this section, the terms "manage- ment headquarters activities" and "management headquarters sup- port activities" have the meanings given those terms in Department of Defense Directive 5100.73, entitled "Department of Defense Management Headquarters and Headquarters Support Activities" and dated January 7,1985. 10 u s e 111 note. SEC. 602. REDUCTION OF REPORTING REQUIREMENTS (a) PoucY.—It is the policy of Congress to reduce the administra- tive burden placed on the Department of Defense by requirements for reports, studies, and notifications to be submitted to Congress through the elimination of outdated, redundant, or otherwise un- necessary reporting requirements. President of U.S. (b) COMPILATION OF EXISTING REPORTING REQUIREMENTS.—(1) T h e Secretary of Defense shall compile a list of all provisions of law in effect on the date of the enactment of this Act or enacted after such date and before February 1, 1987, that require the President, with respect to national defense functions of the Government, or any official or employee of the Department of Defense to submit a report, notification, or study to Congress or any committee of Con- gress. The preceding sentence does not apply to a requirement for a report, notification, or study to be submitted one time. (2) The Secretary shall submit to Congress the list compiled under paragraph (1) not later than six months after the date of the enactment of this Act. The Secretary shall include with such list (with respect to each report, notification, or study shown on the list) the following: (A) The date the requirement for such report, notification, or study was first imposed by law and the current legal citation for such requirement. (B) The Secretary's assessment of the continuing utility of such requirement to Congress and to the executive branch. (C) The Secretary's assessment of the administrative burden of such requirement and how such burden relates to the utility of the report, notification, or study. (D) The Secretary's recommendation as to whether such requirement should be retained, modified, or repealed. (3) The matter submitted under paragraph (2) shall also include— (A) any recommendation of the Secretary for consolidation of different requirements for reports, notifications, and studies; and (B) a draft of legislation to implement any changes in law recommended by the Secretary and to conform statutory provi- sions to the elimination of reporting requirements under subsec- tion (c). Effective date. (c) TERMINATION OF REPORTING REQUIREMENTS.—Except aS pro- vided in subsection (d), effective on January 1, 1987, each provision of law that is contained in title 10, 32, or 37, United States Code, or in any Act authorizing appropriations or making appropriations for
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1067 military functions of the Department of Defense (including military construction and military family housing functions) shall not be effective to the extent such provision requires the submission of a report, notification, or study. (d) EXCEPTIONS.—Subsection (c) does not apply— (1) to a requirement for a report, notification, or study to be submitted one time; (2) to a provision of law enacted on or after the date of the enactment of this Act (including any provision enacted by this Act); or (3) to a provision of law that requires the submission of the reports, notifications, and studies described in subsections (e) through (u). (e) PROVISIONS OF TITLE 10.—The exception provided in subsection (d)(3) applies to the following reports, notifications, and studies required by title 10, United States Code: (1) The annual report required by section 113(c) of such title (as redesignated by section 101(a)), relating to the accomplish- ; ments of the Department of Defense. (2) The annual report required by section 113(e) of such title (as redesignated by section 101(a) and amended by section 603), relating to major military missions and the military force struc- ture of the United States. (3) The annual reports required by section 115 of such title (as ; designated and amended by section 110(b))— (A) under subsection (a)(2) of such section, relating to equipment of the National Guard and reserve components; ^ ., (B) under subsection Ot>)(3) of such section, relating to ^'' '" military and civilian personnel and strength levels, certain other manpower requirements, base structures, and certain requirements for and information on officers; and . (C) under subsection (c)(2) of such section, relating to * average student training loads. (4) The annual report required by section 116(a) of such title , (as designated and amended by section 110(b)), relating to oper- ations and maintenance. (5) The annual report required by section 117 of such title (as ^ redesignated by section 101(a)), relating to North Atlantic Treaty Organization readiness. I (6) The reports required by section 118 of such title (as > redesignated by section 101(a)), relating to sales or transfers of I certain defense articles. (7) The report required by section 125(c) of such title, relating J to the proposed reduction or elimination of a major weapon f system. f (8) The reports required by subsection (b)(5) of section 138 of such title (as redesignated by section 101(a)) and the annual V report required by subsection (g) of such section, relating to operational test and evaluation activities. (9) Reports required by section 1092(aX3) of such title, relating i to studies and demonstration projects relating to delivery of T j health and medical care. (10) The reports required by section 1464(c) of such title, f relating to the status of the Department of Defense Military Retirement Fund.
100 STAT. 1068 PUBLIC LAW 99-433—OCT. 1, 1986 (11) The report required by section 2137 of such title, relating to the educational assistance program for members of the Se- 10 use 2131 et lected Reserve under chapter 106 of such title. s^9- (12) T h e a n n u a l report required by section 2208(k) of such title, relating to t h e condition a n d operation of working-capital funds. (13) The notifications required by section 2233a(a)(l) of such J : title, relating to expenditures and contributions for acquisition .1 of facilities for reserve components. (14) The notifications required by section 2304(c)(7) of such title, relating to the use of procurement procedures other than competitive procedures. (15) The notifications required by section 2306(h)(3) of such title, relating to cancellation ceilings in certain multiyear contracts. (16) The annual report required by section 2313(d)(4) of such title, relating to subpoenas issued by the Director of the Defense ^ ,, Contract Audit Agency to obtain contractor records. (17) The annual report required by section 2349 of such title, relating to North Atlantic Treaty Organization acquisition and cross-servicing agreements. (18) The semiannual report required by section 2357 of such title, relating to contracts in excess of $50,000 entered into by ^ the military departments for research and development. (19) The report required by section 2362(c) of such title, relating to the testing of wheeled or tracked armored vehicle programs. (20) The reports required by section 2391(c) of such title, relating to miltiary base reuse studies and community planning assistance. (21) The notifications required by section 23940t))(2) of such title, relating to contracts for energy or fuel. '-* (22) The annual report required by section 2397(e) of such title, relating to the names of certain employees and former employees of defense contractors. (23) The notifications required by clauses (B) and (C) of section 24010t))(l) of such title, the cost analyses required by section 2401(e)(1) of such title, and the reports required by section 2401(e)(2) of such title, all relating to the long-term lease or charter of vessels and aircraft by the military departments. (24) The notifications required by subsection (e)(1) of section 2403 of such title and the annual report required by subsection (e)(2) of such section, relating to waivers of certain requirements "^ for contractor guarantees. (25) The notifications required by paragraphs (1) and (2) of section 2407(d) of such title, relating to certain contracts awarded by the Department of Defense in connection with North Atlantic Treaty Organization cooperative agreements. (26)(A) The annual and supplemental reports required by section 2431 of such title (as redesignated by section 101(a)), relating to weapons development and procurement schedules, mcluding the matter required by section 53(b) of the Arms Export Control Act (22 U.S.C. 2795b(b)) to be included in such annual reports. (B) The notifications in lieu of such supplemental reports under subsection (b) of such section. .„.,,.... ,
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1069 (27) The Selected Acquisition Reports required by section 2482 of such title (as redesignated by section 101(a)). (28) The notifications required by subsection (d)(3) of section 2433 of such title (as redesignated by section 101(a)) and reports required by subsection (e) of such section, relating to increases in program acquisition unit costs and procurement unit costs of certain major defense acquisition programs. (29) The annual report required by section 2457(d) of such title, relating to the policy to standardize equipment, ammuni- tion, and fuel procured for the use of United States military forces stationed in Europe under the North Atlantic Treaty. (30) The reports required by subsection (a) or (e) of section 2662 of such title and the annual report required by subsection (b) of such section, relating to certain real property trans- actions. (31) The notifications required by section 2667a(g)(3) of such title, relating to expenditures in excess of $300,000 from the DOD Facilities Replacement Management Account. (32) The notifications required by section 26720t)) of such title, relating to acquisitions of interests in land for more than $100,000. (33) The notifications required by section 2676(d) of such title, relating to reductions in scope and increases in cost of a land acquisition. (34)(A) The notifications required by section 26870t)) of such title, relating to base closures and realignments. (B) The certification provided for in section 2687(c) of such title, relating to a closure or realignment of a military installa- tion for reasons of national security. (35) The annual report required by section 2779(b)(4) of such title, relating to the use of funds appropriated for the elimi- nation of certain losses caused by fluctuations in currency exchange rates of foreign countries. (36) The reports required by section 28030t>) of such title, relating to emergency military construction projects carried out under section 2803 of such title. (37) The reports required by section 2804(b) of such title, relating to military construction projects not authorized by law. (38) The notifications required by paragraphs (2) and (3) of section 2805(b) of such title, relating to minor construction in connection with certain relocations of activities from one installation to another. (39) The reports required by section 2806(c)(2) of such title, relating to contributions for North Atlantic Treaty Organiza- tion Infrastructure. (40) The notifications required by subsection (b) of section 2807 of such title and the reports required by subsection (c) of such section, relating to architectural and engineering services and construction design in connection with military construc- tion or military family housing projects. (41) The notifications required by section 28080t)) of such title, relating to military construction projects in the event of a declaration of war or national emergency. (42) The justifications and economic analyses required by section 2809(a)(4) of such title, relating to long-term contracts for the construction, management, and operation of certain facilities.
100 STAT. 1070 PUBLIC LAW 99-433—OCT. 1, 1986 (43) The notifications and justifications required by section 2823(b) of such title, relating to disagreements on the availabil- ity of suitable alternative housing at locations in the United States where family housing is proposed to be constructed. (44) The notifications required by section 2827(b) of such title, relating to relocation of military family housing units. (45) The notifications and reports of economic analyses re- quired by section 2828 of such title— (A) under subsection (b)(3) of such section, relating to domestic family housing limitations; (B) under subsection (f) of such section, relating to the proposed lease of military family housing in excess of au- thorized amounts; and (C) under subsection (g)(6)(A) of such section, relating to leasing of military family housing facilities. (46) The notifications required by section 2834(b) of such title, relating to agreements with the Secretary of State for the use of Department of State housing and related services by Depart- ment of Defense personnel. (47) The notifications required by subsections (d) and (e) of section 2853 of such title, relating to reductions in the scope of work or increases in the cost of military construction projects. (48) The notifications required by section 2854(b) of such title, relating to repair, restoration, or replacement of damaged or destroyed military facilities. (49) The notifications required by section 2856(b) of such title, relating to regulations establishing limitations on barracks space. (50) The annual report required by section 2861(a) of such title, relating to military construction activities and military family housing activities. (51) The notifications required by section 7307(b)(2) of such title, relating to the disposition of naval vessels to foreign nations. (52) The quarterly report required by section 7434 of such title, relating to production from the naval petroleum reserves. (f) PROVISIONS OF TITLE 37.—(1) The exception provided in subsec- tion (d)(3) applies to the report required by section 406(i) of title 37, United States Code, relating to dependents accompanying members of the Armed Forces stationed outside the United States. (2) Such section is amended— (A) by striking out "quarter" in the matter preceding clause (1); and (B) by striking out "quarter" in clauses (1) and (2) and insert- ing in lieu thereof "fiscal year". (g) PuBUC LAW 91-121.—Notifications required by subsections (b)(4) and (c)(1) of section 409 of Public Law 91-121 (50 U.S.C. 1512(4), 1513(1)), relating to chemical or biological warfare agents. (h) PUBLIC LAW 91-441.—Reports required by section 203(c) of Public Law 91-441 (10 U.S.C. 2358 note), relating to independent research and development and bid and proposal programs. (i) PUBLIC LAW 93-365.—The exception provided in subsection (d)(3) applies to the statements and quarterly report required by subsections (c) and (e) of section 709 of the Department of Defense SOUSCapp. Appropriation Authorization Act, 1975 (50 U.S.C. App. 2403-l(e)), relating to the export of certain goods, technology, and industrial techniques. . ,.
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT, 1071 (j) PUBLIC LAW 96-342.—The exception provided in subsection (dX3) applies to the notifications, summaries, certifications, and reports required by subsections (a), (b), and (c) of section 502 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2304 note), relating to conversion of performance of commercial and other type functions from Department of Defense personnel to private contractors. (k) PuBUC LAW 98-94.—The exception provided in subsection (d)(3) applies to the following: (1) The notifications required by section 1201(c) of the Depart- ment of Defense Authorization Act, 1984 (97 Stat. 678), relating to transfers of amounts of authorizations. , , ^r. ;;..; (2) The reports and assessments required by section 1231 of such Act (97 Stat. 693), relating to certain intercontinental ballistic missile systems. ^ (3) The reports required by section 1252(d) of such Act (97 Stat. 698), relating to the cost effectiveness of and the quality of 42 USC 248d. medical care provided by public health service hospitals. (1) PUBLIC LAW 98-525.—The exception provided in subsection (d)(3) applies to the following: ' n (1) Reports required by section 1050t>)(l) of the Department of - Defense Authorization Act, 1985 (98 Stat. 2503), relating to ^ government-to-government agreements for acquisition in * connection with certain NATO cooperative programs. (2) The reports required by section 307(b)(3) of the Department of Defense Authorization Act, 1985 (10 U.S.C. 2304 note), relat- ing to waivers of a prohibition on contracting out certain logis- iilsl -JcLsJ tics activities. (3) The annual report required by section 1002(dXl) of such Act (22 U.S.C. 1928 note), relating to the supply of munitions and certain aircraft facilities in support of the North Atlantic Treaty Organization. f (4) The annual report required by section 1002(d)(2) of such Act (22 U.S.C. 1928 note), relating to the status and cost of the United States commitment to the North Atlantic Treaty Organization and certain activities of other member nations of the North Atlantic Treaty Organization. 3i : >au m F (5) The annual reports required by subsections (c) and (d) of section 1003 of such Act (22 U.S.C. 1928 note), relating to allied P_ contributions to the common defense. (6) The annual report required by section 1102 of such Act (10 U.S.C. 2872 note (formerly 10 U.S.C. 139 note)), relating to the p Strategic Defense Initiative and any other antiballistic missile '] defense program. (7) The notifications required by section 1501(c) of such Act (98 Stat. 2626), relating to transfers of amounts of authorizations. ^ (8) The notification required by section 1512 of the Depart- : ment of Defense Authorization Act, 1985 (98 Stat. 2627), relating :JOI ''I to the use of funds for the B-IB bomber aircraft program • beyond 100 aircraft. (9) The reports required by section 1536(g) of such Act (98 Stat. 2633; 46 U.S.C. 1120 note), relating to the Commission on 46 USC app. 1120 Merchant Marine and Defense. note, (m) PuBUC LAW 99-145.—The exception provided in subsection (dX3) applies to the following: «* (1) Reports required by section 106(aX2) of the Department of Defense Authorization Act, 1986 (99 Stat. 596), relating to
100 STAT. 1072 PUBLIC LAW 99-433—OCT. 1, 1986 government-to-government agreements for acquisition in connection with certain NATO cooperative programs. (2) The certification required by section 125(a)(1) of the Department of Defense Authorization Act, 1986 (99 Stat. 601), relating to any new contract for the procurement of 5-ton trucks. (3) The legislative environmental impact statement required :^'m by section 209(c) of such Act (99 Stat. 610), relating to full-scale development of a small intercontinental ballistic missile or the selection of basing areas for the deployment of such missile. (4) The certification required by section 222 of such Act (99 10 use 139 note. Stat. 613), relating to termination of a prohibition of deploy- ment of a strategic defense system. (5) The reports required by section 223 of such Act (99 Stat. 613), relating to the Strategic Defense Initiative. ^ ^, . , (6) The quarterly reports required by section 502(c) of such - •' •.'^^.; :i p^f,^ (99 g^^^ g21), relating to the obligation of funds appro- priated for civilian personnel. Union of Soviet (7) The report required by section 1002 of such Act (99 Stat. Socialist 705) relating to Soviet compliance with arms control commit- Republics. - w.^Jfo 22 u s e 2592a menus. (8) The annual report required by section 1221(d)(2) of such Act (99 Stat. 727), relating to a research program to support the . — polygraph activities of the Department of Defense. (9) The annual reports required by section 1407 of such Act 10 use 133 note. (99 Stat. 745), relating to unobligated balances in appropriation accounts. (10)(A) The certifications required by subsections Ot)) and (c)(2) of section 1411 of such Act (99 Stat. 745), relating to the procure- ment or assembly of binary chemical weapons. (B) The report required by subsection (e) of such section, relating to consultations among member nations of the North Atlantic Treaty Organization concerning the chemical deter- rent posture of the North Atlantic Treaty Organization. (11) The annual report required by section 1412(g) of the 50 use 1521. Department of Defense Authorization Act, 1986 (99 Stat. 748), ' • relating to the program for the destruction of the United States stockpile of lethal chemical agents and munitions, (n) PUBLIC LAW 98-473.—The exception provided in subsection (d)(3) applies to the following: (1) The notifications required by the proviso in section 8005(m) of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98-473 (98 Stat. 1923)), relating to unusual cost overruns incident to overhaul, mainte- nance, and repair for certain ships. (2) The annual report required by section 8104(b) of such Act 10 use 139 note. (98 Stat. 1942), relating to consultations with members of common defense alliances concerning Strategic Defense Initia- tive research, (o) PUBLIC LAW 99-190.—The exception provided in subsection (d)(3) applies to the following: (1) The notifications required by section 8020 or 8021 of the Department of Defense Appropriations Act, 1986 (as contained , , in section 101(b) of Public Law 99-190 (99 Stat. 1206)), relating to transfers of working capital funds. , ,
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1073 (2) The notifications required by section 8021 of such Act (99 Stat. 1206), relating to the obligation of working capital funds to procure war reserve material inventory. (3) The notifications required by section 8042 of such Act (99 Stat. 1210), relating to the availability of appropriated funds for intelligence or special activities different from activities justi- fied to the Congress. (4) The notification required by section 8075 of such Act (99 Stat. 1214), relating to the acquisition of certain types of weap- ons, subsystems, and munitions of European North Atlantic Treaty Organization manufacture. 1 (5) The certification required by section 8097 of such Act (99 Stat. 1219), relating to the obligation or expenditure of funds to lo USC139 note. carry out a test of the Space Defense System (anti-satellite weapon) against an object in space. (p) MiuTARY CONSTRUCTION AUTHORIZATION ACTS.—(1) The excep- tion provided in subsection (dX3) applies to the annual reports required by section 704 of the Military Construction Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1377), relating to contracts for construction in the United States and its possessions. (2) The exception provided in subsection (dX3) applies to the following: (A) The economic analyses required by section 802(d)(1) of the I Military Construction Authorization Act, 1984 (10 U.S.C. 2821 note), relating to proposed military housing rental guarantee fc agreements. p (B) The notifications required by section 803(bX2) of such Act (10 U.S.C. 2821 note), relating to waivers of a requirement to use 7 manufactured or factory-built housing fabricated in the United B States by a United States contractor for military family housing 9 construction in foreign countries. (3) The exception provided in subsection (dX3) applies to the report South Carolina. required by section 840(d) of the Military Construction Authoriza- tion Act, 1986 (Public Law 99-167; 99 Stat. 998), relating to the sale of land at Fort Jackson, South Carolina. (q) MiuTARY CONSTRUCTION APPROPRIATION ACTS.—The exception provided in subsection (dX3) applies to the following: (1) The annual report required by the third proviso in the undesignated paragraph under the heading "FOREIGN CUR- RENCY FLUCTUATION, CONSTRUCTION, DEFENSE" in the Military 1^ Construction Appropriation Act, 1980 (Public Law 96-130; 93 '^ Stat. 1019), relating to transfers of appropriated funds to elimi- 31 USC 628-3. nate losses in military construction or expenses of family hous- i ing caused by fluctuations in foreign currency exchange rates of i foreign countries. * (2) The reports required by section 125(a) of the Military Construction Appropriations Act, 1985 (as contained in section :; 101(e) of Public Law 98-473; 98 Stat. 1883), relating to termi- ' nations of a prohibition on the availability of appropriated military construction funds to foreign governments ineligible to receive such funds by reason of inadequate drug control measures. ii (j.) The report required by section 1436(a) of title 38, United States Code, relating to the New GI-Bill Educational Assistance Program under chapter 30 of such title. 38 USC 1401 et is) INSPECTOR GENERAL ACT OF 1978.—The exception provided in seq. subsection (dX3) applies to the following:
100 STAT. 1074 PUBLIC LAW 99-433—OCT. 1, 1986 SUSCapp. (1) The semiannual report required by section 5(b) of the Inspector General Act of 1978 (5 U.S.C. App. 3), relating to activities of the Inspector General of the Department of Defense. (2) The reports required by section 5(d) of such Act (5 U.S.C. App. 3), relating to particular cases of problems, abuses, or ^,^j deficiencies which have come to the attention of the Inspector General of the Department of Defense. (3) The statements required by paragraphs (3) and (4) of 5 use app. section 8(b) of such Act (5 U.S.C. App. 3), relating to the exercise ,» of certain authority of the Secretary of Defense with respect to ^ .^ f ^^® activities of the Inspector General of the Department of ®'''"' '•' ' "'"' ••' Defense. (t) INTELLIGENCE COMMUNITY PROVISIONS.—The exception pro- vided in subsection (d)(3) applies to the following: (1) The requirement to furnish information and to report to Congress concerning intelligence activities as provided in title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.). (2) Reports and information required to be furnished under s/i t the following provisions of law: (A) Section 1601(e) of title 10, United States Code, relating 0, to the Defense Intelligence Senior Executive Service. (B) Section 1604(e) of such title, relating to termination of certain Defense Intelligence Agency personnel. (C) Section 1605 of such title, relating to benefits and tr# ;^ allowances for certain Defense Intelligence Agency civilian personnel. (3) Reports and information required to be furnished under section 431 of title 37, United States Code, relating to benefits and allowances for certain military personnel assigned to the .xru\:n3i :jjj.v Defense Intelligence Agency. (u) ADDITIONAL MISCELLANEOUS EXCEPTIONS.—The exception pro- vided in subsection (d)(3) applies to the following: (1) The reports required by section 673(d) of title 10, United ^"•^•^ States Code, relating to the necessity for units of the Ready ^ ., Reserve being ordered to active duty. ' ' (2) The reports required by section 673b(f) of such title, relat- ing to necessity of ordering units or members of the Selected Reserve to active duty. (3) The reports required under section 836(b) (article 360t>)) of s~m.i^'WJ IS such title, relating to rules and regulations prescribed by the President under such section. (4) The reports required by section 867(g)(1) (article 69(g)(1) of ,-r such title, relating to the operation of the Uniform Code of Military Justice. (5) The reports required by subsections (a) and (h) of section 1008 and subsections (e) and (f) of section 1009 of title 37, United States Code, relating to military compensation. SEC. 603. ANNUAL REPORT ON NATIONAL SECURITY STRATEGY (a) ANNUAL PRESIDENTIAL REPORT.—(1) Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at ^hi' >& j hh the end the following new section:
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1075 "ANNUAL NATIONAL SECURITY STRATEGY REPORT "SEC. 104. (aXD The President shall transmit to Congress each 50 use 404a. year a comprehensive report on the national security strategy of the United States (hereinafter in this section referred to as a 'national security strategy report'). "(2) The national security strategy report for any year shall be transmitted on the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31, United States Code. "(b) Each national security strategy report shall set forth the national security strategy of the United States and shall include a comprehensive description and discussion of the following: i/ "(1) The worldwide interests, goals, and objectives of the United States that are vital to the national security of the United States. "(2) The foreign policy, worldwide commitments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strategy of the United States. "(3) The proposed short-term and long-term uses of the politi- cal, economic, military, and other elements of the national f^ power of the United States to protect or promote the interests '? and achieve the goals and objectives referred to in paragraph (1). "(4) The adequacy of the capabilities of the United States to carry out the national security strategy of the United States, including an evaluation of the balance among the capabilities of all elements of the national power of the United States to support the implementation of the national security strategy. "(5) Such other information as may be necessary to help inform Congress on matters relating to the national security strategy of the United States. "(c) Each national security strategy report shall be transmitted in Classified both a classified and an unclassified form.". information. (2) The table of contents in the first section of such Act is amended by inserting after the item relating to section 103 the following new item: "Sec. 104. Annual national security strategy report.". Ob) REVISION OF ANNUAL SECRETARY OF DEFENSE REPORT.—Subsec- tion (e) of section 113 (as redesignated by section 101(a) of this Act) is Ante, pp. 996, amended to read as follows: ^^^2. "(eXD The Secretary shall include in his annual report to Con- gress under subsection (c)— "(A) a description of the major military missions and of the military force structure of the United States for the next fiscal year; "(B) an explanation of the relationship of those military missions to that force structure; and "(C) the justification for those military missions and that force structure. "(2) In preparing the matter referred to in paragraph (1), the Secretary shall take into consideration the content of the annual national security strategy report of the President under section 104 of the National Security Act of 1947 for the fiscal year concerned.". Supra.
100 STAT. 1075a PUBLIC LAW 99-433—OCT. 1, 1986 10 u s e 111 note. SEC. 604. LEGISLATION TO MAKE REQUIRED CONFORMING CHANGES IN LAW Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a draft of legislation to make any technical and conforming changes to title 10, United States Code, and other provisions of law that are required or should be made by reason of the amendments made by this Act. SEC. 605. GENERAL TECHNICAL AMENDMENTS (a) The tables of chapters at the beginning of subtitle A, and at the beginning of part I of such subtitle, are amended by striking out the items relating to chapters 3 through 8 and inserting in lieu thereof the following: "2. Department of Defense Ill "3. General Powers and Functions 121 "4. Office of the Secretary of Defense 131 "5. Joint Chiefs of Staff 151 "6. Combatant Commands 161 "7. Boards, Councils, and Committees 171 "8. Defense Agencies and Department of Defense Field Activities 191". (b) The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of such subtitle, are amended by inserting after the item relating to chapter 143 the following new item: "144. Oversight of Cost Growth in Major Programs 2431". Approved October 1, 1986. . ... h-i • i O "f ' ' ' > " v'^ -%. I, u,^ f n"! >n< rhif •( v \ •; '-"H .^''t
PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1075b X..: LEGISLATIVE HISTORY—H.R. 3622 (S. 2295) (H.R. 4370): HOUSE REPORTS: No. 99-375 and No. 99-700 accompanying H.R. 4370 (both from Comm. on Armed Services) and No. 99-824 (Comm. of Conference). SENATE REPORTS: No. 99-280 accompanying S. 2295 (Comm. on Armed Services). CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 20, considered and passed House. Vol. 132 (1986): May 7, considered and passed Senate, amended, in lieu of S. 2295. i Aug. 11, House concurred in Senate amendments with amend- ments. Sept. 16, Senate agreed to conference report. Sept. 17, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 1, Presidential statement.