§ 113. Secretary of Defense

Pub. L. 115–232, div. B, title XXVIII, § 2862, Aug. 13, 2018, 132 Stat. 2283, provided that: “(a) Plan Required.—The Secretary of Defense shall develop and implement a comprehensive strategic plan to identify and address deficits in the capabilities of Department of Defense training ranges to support current and anticipated readiness requirements to execute the National Defense Strategy (NDS). “(b) Evaluation.—As part of the preparation of the strategic plan, the Secretary shall conduct an evaluation of the following:“(1) The adequacy of current training range resources to include the ability to train against near-peer or peer threats in a realistic 5th Generation environment. “(2) The adequacy of current training enablers to meet current and anticipated demands of the Armed Forces. “(c) Elements.—The strategic plan shall include the following:“(1) An integrated priority list of location-specific proposals and/or infrastructure project priorities, with associated Department of Defense Form 1391 documentation, required to both address any limitations or constraints on current Department resources, including any climatically induced impacts or shortfalls, and achieve full spectrum training (integrating virtual and constructive entities into live training) against a more technologically advanced peer adversary. “(2) Goals and milestones for tracking actions under the plan and measuring progress in carrying out such actions. “(3) Projected funding requirements for implementing actions under the plan. “(d) Development and Implementation.—The Under Secretary of Defense for Acquisition and Sustainment, as the principal staff assistant to the Secretary on installation management, shall have lead responsibility for developing and overseeing implementation of the strategic plan and for coordination of the discharge of the plan by components of the Department. “(e) Report on Implementation.—Not later than April 1, 2020, the Secretary shall, through the Under Secretary of Defense for Acquisition and Sustainment, submit to Congress a report on the progress made in implementing this section, including the following:“(1) A description of the strategic plan. “(2) A description of the results of the evaluation conducted under subsection (b). “(3) Such recommendations as the Secretary considers appropriate with respect to improvements of the capabilities of training ranges and enablers. “(f) Progress Reports.—Not later than April 1, 2019, and annually thereafter for 3 years, the Secretary shall, through the Under Secretary, submit to Congress a report setting forth the following:“(1) A description of the progress made during the preceding fiscal year in implementing the strategic plan. “(2) A description of any additional actions taken, or to be taken, to address limitations and constraints on training ranges and enablers. “(3) Assessments of individual training ranges addressing the evaluation conducted under subsection (b). “(g) Additional Report Element.—Each report under subsections (e) and (f) shall also include a list of significant modifications to training range inventory, such as range closures or expansions, during the preceding fiscal year, including any limitations or impacts due to climatic conditions.”

Improvement of Update Process for Populating Mission Data Files Used in Advanced Combat Aircraft

Pub. L. 115–91, div. A, title II, § 224, Dec. 12, 2017, 131 Stat. 1334, provided that: “(a) Improvements To Update Process.—“(1) In general.—The Secretary of Defense shall take such actions as may be necessary to improve the process used to update the mission data files used in advanced combat aircraft of the United States so that such updates can occur more quickly. “(2) Requirements.—In improving the process under paragraph (1), the Secretary shall ensure the following:“(A) That under such process, updates to the mission data files are developed, operationally tested, and loaded onto systems of advanced combat aircraft while in theaters of operation in a time-sensitive manner to allow for the distinguishing of threats, including distinguishing friends from foes, loading and delivery of weapon suites, and coordination with allied and coalition armed forces. “(B) When updates are made to the mission data files, all areas of responsibility (AoRs) are included. “(C) The process includes best practices relating to such mission data files that have been identified by industry and allies of the United States. “(D) The process improves the exchange of information between weapons systems of the United States and weapon systems of allies and partners of the United States, with respect to such mission data files. “(b) Consultation and Pilot Programs.—In carrying out subsection (a), the Secretary shall consult the innovation organizations resident in the Department of Defense and may consider carrying out a pilot program under another provision of this Act [see Tables for classification]. “(c) Report.—Not later than March 31, 2018, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the actions taken by the Secretary under subsection (a)(1) and how the process described in such subsection has been improved.”

Department of Defense Engagement With Covered Non-Federal Entities

Pub. L. 115–91, div. A, title X, § 1088, Dec. 12, 2017, 131 Stat. 1604, provided that: “(a) Review of Current Guidance.—Not later than 120 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense and the Secretary of State shall jointly conduct a review of the guidance of the Department of Defense applicable to Department of Defense engagements with covered non-Federal entities. “(b) Additional Guidance.—If the Secretary of Defense and the Secretary of State determine pursuant to the review under subsection (a) that additional guidance is required in connection with Department of Defense engagements with covered non-Federal entities, the Secretary of Defense, with the concurrence of the Secretary of State, shall, by not later than 180 days after the date of the enactment of this Act, issue such additional guidance as the Secretaries consider appropriate in light of the review. Any such additional guidance shall be consistent with—“(1) applicable law, as in effect on the date of the enactment of this Act; “(2) Department of Defense guidance with respect to solicitation and preferential treatment, as in effect on the date of the enactment of this Act, including such guidance specified in the Department of Defense Joint Ethics Regulations; and “(3) the principle that the Department of State and the United States Agency for International Development are the principal United States agencies with primary responsibility for providing and coordinating humanitarian and economic assistance. “(c) Briefing.—Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly provide to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a briefing on the findings of the review required under subsection (a). “(d) Covered Non-Federal Entity Defined.—In this section, the term ‘covered non-Federal entity’ means an organization that—“(1) is based in the United States; “(2) has an independent board of directors and is subject to independent financial audits; “(3) is substantially privately-funded; “(4) is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] and is exempt from taxation under section 501(a) of such Code [26 U.S.C. 501(a)]; “(5) provides international assistance; and “(6) has a stated mission of supporting United States military missions abroad.”

Notice to Congress of Terms of Department of Defense Settlement Agreements

Pub. L. 115–91, div. A, title X, § 1096, Dec. 12, 2017, 131 Stat. 1614, provided that: “(a) Request of Settlement Agreements.—At the request of the Chairman, in coordination with the Ranking Member, of the Committee on Armed Services of the Senate or the House of Representatives or the Chairman, in coordination with the Ranking Member, of the Committee on Appropriations of the Senate or the House of Representatives, the Secretary of Defense shall make available (in an appropriate manner with respect to classified or other protected information) to the Chairman and Ranking Member of the requesting committee a settlement agreement (including a consent decree) in any civil action in a court of competent jurisdiction involving the Department of Defense, a military department, or a Defense Agency. “(b) Provision of Settlement Agreements.—The Secretary shall take all necessary steps to ensure the settlement agreement is provided to the Chairman and Ranking Member of the requesting committee, including by making any necessary requests to a court with competent jurisdiction over the settlement.”

Strategy To Counter Threats by the Russian Federation

Pub. L. 115–91, div. A, title XII, § 1239, Dec. 12, 2017, 131 Stat. 1666, provided that: “(a) Strategy Required.—The Secretary of Defense, in coordination with the Secretary of State and in consultation with each of the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of each of the regional and functional combatant commands, shall develop and implement a comprehensive strategy to counter threats by the Russian Federation. “(b) Report Required.—“(1) In general.—Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall submit to the appropriate congressional committees a report on the strategy required by subsection (a). “(2) Elements.—The report required by this subsection shall include the following elements:“(A) An evaluation of strategic objectives and motivations of the Russian Federation. “(B) A detailed description of Russian threats to the national security of the United States, including threats that may pose challenges below the threshold of armed conflict. “(C) A discussion of how the strategy complements the National Defense Strategy and the National Military Strategy. “(D) A discussion of the ends, ways, and means inherent to the strategy. “(E) A discussion of the strategy’s objectives with respect to deterrence, escalation control, and conflict resolution. “(F) A description of the military activities across geographic regions and military functions and domains that are inherent to the strategy. “(G) A description of the posture, forward presence, and readiness requirements inherent to the strategy. “(H) A description of the roles of the United States Armed Forces in implementing the strategy, including—“(i) the role of United States nuclear capabilities; “(ii) the role of United States space capabilities; “(iii) the role of United States cyber capabilities; “(iv) the role of United States conventional ground forces; “(v) the role of United States naval forces; “(vi) the role of United States air forces; and “(vii) the role of United States special operations forces. “(I) An assessment of the force requirements needed to implement and sustain the strategy. “(J) A description of the logistical requirements needed to implement and sustain the strategy. “(K) An assessment of the technological research and development requirements needed to implement and sustain the strategy. “(L) An assessment of the training and exercise requirements needed to implement and sustain the strategy. “(M) An assessment of the budgetary resource requirements needed to implement and sustain the strategy through December 31, 2030. “(N) An analysis of the adequacy of current authorities and command structures for countering unconventional warfare. “(O) Recommendations for improving the counter-unconventional warfare capabilities, authorities, and command structures of the Department of Defense. “(P) A discussion of how the strategy provides a framework for future planning and investments in regional defense initiatives, including the European Deterrence Initiative. “(Q) A plan to increase conventional precision strike weapon stockpiles in the United States European Command’s areas of responsibility, which shall include necessary increases in the quantities of such stockpiles that the Secretary of Defense determines will enhance deterrence and warfighting capability of the North Atlantic Treaty Organization forces. “(R) A plan to counter the military capabilities of the Russian Federation, which, in addition to elements the Secretary of Defense determines to be appropriate, shall include recommendations for—“(i) improving the capability of United States Armed Forces to operate in a Global Positioning System (GPS)-denied or GPS-degraded environment; “(ii) improving the capability of United States Armed Forces to counter Russian unmanned aircraft systems, electronic warfare, and long-range precision strike capabilities; and “(iii) countering unconventional capabilities and hybrid threats from the Russian Federation. “(3) Form.—The report required by this subsection shall be submitted in unclassified form but may contain a classified annex.”

Cultural Heritage Protection Coordinator

Pub. L. 115–91, div. A, title XII, § 1279C, Dec. 12, 2017, 131 Stat. 1702, provided that: “Not later than 90 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall designate an employee of the Department of Defense to serve concurrently as the Coordinator for Cultural Heritage Protection, who shall be responsible for— “(1) coordinating the existing obligations of the Department of Defense for the protection of cultural heritage, including the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and other obligations for the protection of cultural heritage; and “(2) coordinating with the Cultural Heritage Coordinating Committee convened by the Secretary of State for the national security interests of the United States, as appropriate.”

Exception to Limitation Against Appointment of Persons as Secretary of Defense Within Seven Years of Relief From Active Duty as Regular Commissioned Officers of the Armed Forces

Pub. L. 117–1, § 1, Jan. 22, 2021, 135 Stat. 3, provided for an exception to the seven-year limitation under subsec. (a) of this section for the first person appointed as Secretary of Defense after Jan. 20, 2021.

Pub. L. 115–2, § 1, Jan. 20, 2017, 131 Stat. 6, provided for an exception to the seven-year limitation under subsec. (a) of this section for the first person appointed as Secretary of Defense after Jan. 20, 2017.

Pilot Program on Modernization and Fielding of Electromagnetic Spectrum Warfare Systems and Electronic Warfare Capabilities

Pub. L. 114–328, div. A, title II, § 234, Dec. 23, 2016, 130 Stat. 2064, provided that: “(a) Pilot Program.—“(1) In general.—The Secretary of Defense may carry out a pilot program on the modernization and fielding of electromagnetic spectrum warfare systems and electronic warfare systems. “(2) Selection.—If the Secretary carries out the pilot program under paragraph (1), the Electronic Warfare Executive Committee shall select from the list described in section 240(b)(4) [130 Stat. 2070] a total of 10 electromagnetic spectrum warfare systems and electronic warfare systems across at least two military departments for modernization and fielding under the pilot program. “(b) Termination.—The pilot program authorized by subsection (a) shall terminate on September 30, 2023. “(c) Funding.—For the purposes of this pilot program, funds authorized to be appropriated for electromagnetic spectrum warfare and electronic warfare may be used for the development and fielding of electromagnetic spectrum warfare systems and electronic warfare capabilities. “(d) Definitions.—In this section:“(1) The term ‘electromagnetic spectrum warfare’ means electronic warfare that encompasses military communications and sensing operations that occur in the electromagnetic operational domain. “(2) The term ‘electronic warfare’ means military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy.”

Improved Department of Defense Prevention of and Response to Hazing and Bullying in the Armed Forces

Pub. L. 114–328, div. A, title V, § 549, Dec. 23, 2016, 130 Stat. 2129, as amended by Pub. L. 117–81, div. A, title V, § 549L, Dec. 27, 2021, 135 Stat. 1732, provided that: “(a) Anti-Hazing and Anti-Bullying Database.—The Secretary of Defense shall provide for the establishment and use of a comprehensive and consistent data-collection system for the collection of reports, including anonymous reports, of incidents of hazing or bullying involving a member of the Armed Forces. The Secretary shall issue department-wide guidance regarding the availability and use of the database, including information on protected classes, such as race and religion, who are often the victims of hazing or bullying. “(b) Improved Training.—Each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary, shall seek to improve training to assist members of the Armed Forces [to] better recognize, prevent, and respond to hazing and bullying at all command levels. “(c) Annual Reports on Hazing and Bullying.—“(1) Report required.—Not later than May 31, 2023, and annually thereafter for five years,, [sic] the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a description of efforts during the previous year—“(A) to prevent and to respond to incidents of hazing or bullying involving members of the Armed Forces; “(B) to track and encourage reporting, including reporting anonymously, incidents of hazing in the Armed Force; and “(C) to ensure the consistent implementation of anti-hazing and anti-bullying policies. “(2) Additional elements.—Each report required by this subsection shall include the following:“(A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces. “(B) A description of processes of each Armed Force described in subsection (b) to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology each such Armed Force uses to categorize and count potential instances of hazing or bullying. “(C) An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary. “(D) An assessment by the Office of the Secretary of Defense of—“(i) the effectiveness of each Armed Force described in subsection (b) in tracking and reporting instances of hazing or bullying; “(ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year. “(E) Recommendations of the Secretary to improve—“(i) elements described in subparagraphs (A) through (D). “(ii) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Armed Forces. “(F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces. “(G) Data on allegations of hazing and bullying in the Armed Forces, including final disposition of investigations. “(H) Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year.”

Notification on the Provision of Defense Sensitive Support

Pub. L. 114–328, div. A, title X, § 1055, Dec. 23, 2016, 130 Stat. 2399, as amended by Pub. L. 115–232, div. A, title X, § 1042, Aug. 13, 2018, 132 Stat. 1956; Pub. L. 116–92, div. A, title X, § 1054, Dec. 20, 2019, 133 Stat. 1591; Pub. L. 118–159, div. A, title X, § 1085, Dec. 23, 2024, 138 Stat. 2078, provided that: “(a) Limitation.—The Secretary of Defense may provide defense sensitive support to a non-Department of Defense Federal department or agency only after the Secretary has determined that such support—“(1) is consistent with the mission and functions of the Department of Defense; “(2) does—“(A) not significantly interfere with the mission or functions of the Department; or “(B) interfere with the mission and functions of the Department of Defense but such support is in the national security interest of the United States; and “(3) has been requested by the head of a non-Department of Defense Federal department or agency who has certified to the Secretary that the department or agency has reasonably attempted to use capabilities and resources internal to the department or agency. “(b) Notice Required.—“(1) In general.—Except as provided in paragraphs (3) and (4), before providing defense sensitive support to a non-Department of Defense Federal department or agency, the Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], and, when the part of the Department of Defense providing the sensitive support is a member of the intelligence community, the congressional intelligence committees of the Secretary’s intent to provide such support. “(2) Contents.—Notice provided under paragraph (1) shall include the following:“(A) A description of the support to be provided. “(B) A description of how the support is consistent with the mission and functions of the Department. “(C) A description of the required duration of the support. “(D) A description of the initial costs for the support. “(E) A description of how the support—“(i) does not significantly interfere with the mission or functions of the Department; or “(ii) significantly interferes with the mission or functions of the Department but is in the national security interest of the United States. “(3) Routine defense sensitive support.—In the event that the provision of defense sensitive support is routine defense sensitive support, the Secretary shall provide notification under paragraph (1) on a quarterly basis after providing the support. “(4) Time sensitive support.—In the event that the provision of defense sensitive support is time-sensitive, the Secretary—“(A) may provide notification under paragraph (1) after providing the support; and “(B) shall provide such notice as soon as practicable after providing such support, but not later than 48 hours after providing the support. “(5) Reverse defense sensitive support request.—The Secretary shall notify the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) of requests made by the Secretary to a non-Department of Defense Federal department or agency for support that requires special protection from disclosure in the same manner and containing the same information as the Secretary notifies such committees of defense sensitive support requests under paragraphs (1), (3), and (4). “(6) Sustainment costs.—If the Secretary determines that sustainment costs will be incurred as a result of the provision of defense sensitive support, the Secretary, not later than 15 days after the initial provision of such support, shall certify to the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) that such sustainment costs will not interfere with the ability of the Department to execute operations, accomplish mission objectives, and maintain readiness. “(c) Definitions.—In this section:“(1) The term ‘defense sensitive support’ means support provided by the Department of Defense to a non-Department of Defense Federal department or agency that requires special protection from disclosure. “(2) The term ‘routine defense sensitive support’ has the meaning given such term elsewhere in the National Defense Authorization Act for Fiscal Year 2025 [Pub. L. 118–159, see Tables for classification, which does not contain definition for “routine defense sensitive support”].”

Women’s Military Service Memorials and Museums

Pub. L. 115–91, div. A, title III, § 342, Dec. 12, 2017, 131 Stat. 1361, provided that: “(a) In General.—The Secretary of Defense may provide not more than $5,000,000 in financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the military. The Secretary may enter into a contract, partnership, or grant with a non-profit organization for the purpose of performing such acquisition, installation, and maintenance. “(b) Purposes.—The contracts, partnerships, or grants shall be limited to serving the purposes of—“(1) preserving the history of the 3,000,000 women who have served in the United States Armed Forces; “(2) managing an archive of artifacts, historic memorabilia, and documents related to servicewomen; “(3) maintaining a women veterans’ oral history program; and “(4) conducting other educational programs related to women in service.”

Pub. L. 114–328, div. B, title XXVIII, § 2833, Dec. 23, 2016, 130 Stat. 2740, provided that: “(a) Authorization.—The Secretary of Defense may provide not more than $5,000,000 in financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the military. The Secretary may enter into a contract with a nonprofit organization for the purpose of performing such acquisition, installation, and maintenance. “(b) Offset.—Of the funds authorized to be appropriated by section 301 [130 Stat. 2072] for operation and maintenance, Army, and available for the National Museum of the United States Army, not more than $5,000,000 shall be provided, at the discretion of the Secretary of Defense, to carry out activities under subsection (a).”

Strategic Framework for Department of Defense Security Cooperation

Pub. L. 114–92, div. A, title XII, § 1202, Nov. 25, 2015, 129 Stat. 1036, provided for the development of a strategic framework for Department of Defense security cooperation to guide prioritization of resources and activities and required submission of an initial report and biennial reports thereafter to certain congressional committees, prior to ceasing to be effective 6 years after Nov. 25, 2015.

Role of Secretary of Defense in Development of Gender-Neutral Occupational Standards

Pub. L. 113–291, div. A, title V, § 524(a), Dec. 19, 2014, 128 Stat. 3361, as amended by Pub. L. 114–92, div. A, title V, § 525, Nov. 25, 2015, 129 Stat. 813, provided that: “The Secretary of Defense shall ensure that the gender-neutral occupational standards being developed by the Secretaries of the military departments pursuant to section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 113 note), as amended by section 523 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 756)— “(1) accurately predict performance of actual, regular, and recurring duties of a military occupation; “(2) are applied equitably to measure individual capabilities; and “(3) measure the combat readiness of combat units, including special operations forces.”

Female Personal Protection Gear

Pub. L. 113–291, div. A, title V, § 524(b), Dec. 19, 2014, 128 Stat. 3362, provided that: “The Secretary of Defense shall direct each Secretary of a military department to take immediate steps to ensure that combat equipment distributed to female members of the Armed Forces— “(1) is properly designed and fitted; and “(2) meets required standards for wear and survivability.”

Office of Net Assessment

Pub. L. 113–291, div. A, title IX, § 904, Dec. 19, 2014, 128 Stat. 3471, provided that: “(a) Independent Office Required.—The Secretary of Defense shall establish and maintain an independent organization within the Department of Defense to develop and coordinate net assessments of the standing, trends, and future prospects of the military capabilities and potential of the United States in comparison with the military capabilities and potential of other countries or groups of countries, so as to identify emerging or future threats or opportunities for the United States. “(b) Direct Report to the Secretary of Defense.—The head of the office established and maintained pursuant to subsection (a) shall report directly to the Secretary of Defense without intervening authority and may communicate views on matters within the responsibility of the office directly to the Secretary without obtaining the approval or concurrence of any other official within the Department of Defense.”

Clarification of Policies on Management of Special Use Airspace of Department of Defense

Pub. L. 113–291, div. A, title X, § 1076, Dec. 19, 2014, 128 Stat. 3519, required the Secretary of Defense to issue guidance, no later than 90 days after Dec. 19, 2014, to clarify the policies of the Department with respect to special use airspace and to provide a briefing, no later than 120 days after Dec. 19, 2014, on the status of implementing the guidance.

Provision of Military Service Records to the Secretary of Veterans Affairs in an Electronic Format

Pub. L. 113–66, div. A, title V, § 525, Dec. 26, 2013, 127 Stat. 757, provided that: “(a) Provision in Electronic Format.—In accordance with subsection (b), the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall make the covered records of each member of the Armed Forces available to the Secretary of Veterans Affairs in an electronic format. “(b) Deadline for Provision of Records.—With respect to a member of the Armed Forces who is discharged or released from the Armed Forces on or after January 1, 2014, the Secretary of Defense shall ensure that the covered records of the member are made available to the Secretary of Veterans Affairs not later than 90 days after the date of the member’s discharge or release. “(c) Sharing of Protected Health Information.—For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 42 U.S.C. 1320d–2 note), making medical records available to the Secretary of Veterans Affairs under subsection (a) shall be treated as a permitted disclosure. “(d) Records Currently Available to Secretary of Veterans Affairs.—The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall ensure that the covered records of members of the Armed Forces that are available to the Secretary of Veterans Affairs as of the date of the enactment of this Act [Dec. 26, 2013] are made electronically accessible and available as soon as practicable after that date to the Veterans Benefits Administration. “(e) Covered Records Defined.—In this section, the term ‘covered records’ means, with respect to a member of the Armed Forces—“(1) service treatment records; “(2) accompanying personal records; “(3) relevant unit records; and “(4) medical records created by reason of treatment or services received pursuant to chapter 55 of title 10, United States Code.”

Strategy for Future Military Information Operations Capabilities

Pub. L. 113–66, div. A, title X, § 1096, Dec. 26, 2013, 127 Stat. 880, provided that: “(a) Strategy Required.—The Secretary of Defense shall develop and implement a strategy for developing and sustaining through fiscal year 2020 information operations capabilities for future contingencies. The Secretary shall submit such strategy to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] by not later than 180 days after the date of the enactment of this Act [Dec. 26, 2013]. “(b) Contents of Strategy.—The strategy required by subsection (a) shall include each of the following:“(1) A plan for the sustainment of existing capabilities that have been developed during the ten-year period prior to the date of the enactment of this Act, including such capabilities developed using funds authorized to be appropriated for overseas contingency operations determined to be of enduring value for continued sustainment. “(2) A discussion of how the capabilities referred to in paragraph (1) are integrated into policy, doctrine, and operations. “(3) An assessment of the force structure that is required to sustain operational planning and potential contingency operations, including the integration across the active and reserve components. “(4) Estimates of the steady-state resources needed to support the force structure referred to in paragraph (3), as well as estimates for resources that might be needed based on selected operational plans, contingency plans, and named operations. “(5) An assessment of the impact of how new and emerging technologies can be incorporated into policy, doctrine, and operations. “(6) A description of ongoing research into new capabilities that may be needed to fill any identified gaps and programs that might be required to develop such capabilities. “(7) Potential policy implications or legal challenges that may prevent the integration of new and emerging technologies into the projected force structure. “(8) Potential policy implications or challenges to the better leveraging of capabilities from interagency partners.”

Prohibition of Retaliation Against Members of the Armed Forces for Reporting a Criminal Offense

Pub. L. 113–66, div. A, title XVII, § 1709(a), (b), Dec. 26, 2013, 127 Stat. 962, as amended by Pub. L. 113–291, div. A, title X, § 1071(g)(5), Dec. 19, 2014, 128 Stat. 3511, required the prescription, no later than 120 days after Dec. 26, 2013, of regulations prohibiting retaliation against an alleged victim or other member of the Armed Forces who reports a criminal offense.

Review and Policy Regarding Department of Defense Investigative Practices in Response to Allegations of Uniform Code of Military Justice Violations

Pub. L. 113–66, div. A, title XVII, § 1732, Dec. 26, 2013, 127 Stat. 975, required a review, by no later than 180 days after Dec. 26, 2013, of the practices of the military criminal investigative organizations in response to allegations of Uniform Code of Military Justice violations and required the development of a uniform policy regarding the use of case determinations to record the results of investigations of such allegations.

Designation of Department of Defense Senior Official for Enterprise Resource Planning System Data Conversion

Pub. L. 112–239, div. A, title IX, § 903, Jan. 2, 2013, 126 Stat. 1866, directed the designation, by no later than 90 days after Jan. 2, 2013, of a Department of Defense senior official with principal responsibility for coordination and management oversight of data conversion for all enterprise resource planning systems of the Department.

Electronic Warfare Strategy of the Department of Defense

Pub. L. 112–239, div. A, title X, § 1061(a), (b), Jan. 2, 2013, 126 Stat. 1939, directed the Secretary of Defense to review and update guidance related to electronic warfare and directed the Commander of the United States Strategic Command to update and issue guidance regarding the responsibilities of the Command with regard to joint electronic warfare capabilities.

United States Participation in Headquarters Eurocorps

Pub. L. 112–239, div. A, title XII, § 1275, Jan. 2, 2013, 126 Stat. 2027, provided that: “(a) Participation Authorized.—The Secretary of Defense may, with the concurrence of the Secretary of State, authorize the participation of members of the Armed Forces as members of the staff of Headquarters Eurocorps for the purpose of supporting the North Atlantic Treaty Organization (NATO) activities of the NATO Rapid Deployable Corps Eurocorps. “(b) Memorandum of Understanding.—“(1) Requirement.—The participation of members of the Armed Forces as members of the staff of Headquarters Eurocorps shall be in accordance with the terms of one or more memoranda of understanding entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and Headquarters Eurocorps. “(2) Cost-sharing arrangements.—If Department of Defense facilities, equipment, or funds are used to support Headquarters Eurocorps, the memoranda of understanding under paragraph (1) shall provide details of any cost-sharing arrangement or other funding arrangement. “(c) Limitation on Number of Members Participating as Staff.—Not more than two members of the Armed Forces may participate as members of the staff of Headquarters Eurocorps, until the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following:“(1) A certification by the Secretary of Defense that the participation of more than two members of the Armed Forces in Headquarters Eurocorps is in the national interests of the United States. “(2) A description of the benefits of the participation of the additional members proposed by the Secretary. “(3) A description of the plans for the participation of the additional members proposed by the Secretary, including the grades and posts to be filled. “(4) A description of the costs associated with the participation of the additional members proposed by the Secretary. “(d) Notice on Participation of Number of Members Above Certain Ceiling.—Not more than 10 members of the Armed Forces may participate as members of the staff of Headquarters Eurocorps unless the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a notice that the number of members so participating will exceed 10 members. “(e) Availability of Appropriated Funds.—“(1) Availability.—Funds appropriated to the Department of Defense for operation and maintenance are available as follows:“(A) To pay the United States’ share of the operating expenses of Headquarters Eurocorps. “(B) To pay the costs of the participation of members of the Armed Forces participating as members of the staff of Headquarters Eurocorps, including the costs of expenses of such participants. “(2) Limitation.—No funds may be used under this section to fund the pay or salaries of members of the Armed Forces who participate as members of the staff of the Headquarters, North Atlantic Treaty Organization (NATO) Rapid Deployable Corps under this section. “(f) Headquarters Eurocorps Defined.—In this section, the term ‘Headquarters Eurocorps’ refers to the multinational military headquarters, established on October 1, 1993, which is one of the High Readiness Forces (Land) associated with the Allied Rapid Reaction Corps of NATO.”

Strategy To Counter Improvised Explosive Devices in Pakistan and Afghanistan

Pub. L. 112–87, title V, § 503, Jan. 3, 2012, 125 Stat. 1896, directed the establishment of a strategy to identify and counter network activity and operations in Pakistan and Afghanistan regarding improvised explosive devices and required a report and implementation of the strategy no later than 120 days after Jan. 3, 2012.

Designation of Department of Defense Senior Official With Principal Responsibility for Airship Programs

Pub. L. 112–81, div. A, title IX, § 903, Dec. 31, 2011, 125 Stat. 1532, directed the Secretary of Defense to designate an official to have principal responsibility for the airship programs of the Department and to set forth the responsibilities of that official by no later than 180 days after Dec. 31, 2011.

Authority To Support Operations and Activities of the Office of Security Cooperation in Iraq

Pub. L. 112–81, div. A, title XII, § 1215, Dec. 31, 2011, 125 Stat. 1631, as amended by Pub. L. 112–239, div. A, title XII, § 1211(a)–(c), Jan. 2, 2013, 126 Stat. 1982; Pub. L. 113–66, div. A, title XII, § 1214(a)–(c), Dec. 26, 2013, 127 Stat. 906; Pub. L. 113–291, div. A, title XII, § 1237, Dec. 19, 2014, 128 Stat. 3562; Pub. L. 114–92, div. A, title XII, § 1221, Nov. 25, 2015, 129 Stat. 1047; Pub. L. 114–328, div. A, title XII, § 1223, Dec. 23, 2016, 130 Stat. 2486; Pub. L. 115–91, div. A, title XII, § 1224(a), (b)(1), (c), Dec. 12, 2017, 131 Stat. 1654; Pub. L. 115–232, div. A, title XII, § 1235(a), (b)(1), (c), Aug. 13, 2018, 132 Stat. 2041, 2042; Pub. L. 116–92, div. A, title XII, § 1223, Dec. 20, 2019, 133 Stat. 1641; Pub. L. 116–283, div. A, title XII, § 1223, Jan. 1, 2021, 134 Stat. 3930; Pub. L. 117–81, div. A, title XII, § 1224, Dec. 27, 2021, 135 Stat. 1971; Pub. L. 117–263, div. A, title XII, § 1232(a), Dec. 23, 2022, 136 Stat. 2837; Pub. L. 118–31, div. A, title XII, § 1265, Dec. 22, 2023, 137 Stat. 482; Pub. L. 118–159, div. A, title XII, § 1230, Dec. 23, 2024, 138 Stat. 2108, provided that: “(a) Authority.—The Secretary of Defense may support United States Government security cooperation activities in Iraq by providing funds for the operations and activities of the Office of Security Cooperation in Iraq. “(b) Types of Support.—The operations and activities for which the Secretary may provide funds under the authority in subsection (a) may include life support and transportation and personal security. “(c) Limitation on Amount.—The total amount of funds provided under the authority in subsection (a) in fiscal year 2025 may not exceed $18,000,000. “(d) Source of Funds.—Funds for purposes of subsection (a) for fiscal year 2025 shall be derived from amounts available for that fiscal year for operation and maintenance for the Air Force. “(e) Coverage of Costs in Connection With Sales of Defense Articles or Defense Services to Iraq.—The President shall ensure that any letter of offer for the sale to Iraq of any defense articles or defense services issued after the date of the enactment of this Act [Dec. 31, 2011] includes appropriate administrative charges, consistent with the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.). “(f) Additional Authority for Activities of OSCI.—“(1) In general.—During fiscal year 2019, the Secretary of Defense, with the concurrence of the Secretary of State, may authorize the Office of Security Cooperation in Iraq to conduct activities to support the following:“(A) Defense institution building to mitigate capability gaps and promote effective and sustainable defense institutions. “(B) Professionalization, strategic planning and reform, financial management, manpower management, and logistics management of military and other security forces with a national security mission. “(2) Required elements.—The activities of the Office of Security Cooperation in Iraq conducted under paragraph (1) shall include elements that promote the following:“(A) Observance of and respect for human rights and fundamental freedoms. “(B) Military professionalism. “(C) Respect for legitimate civilian authority within Iraq. “(3) Sunset.—The authority provided in this subsection shall terminate on the date that is 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 [Pub. L. 116–92, approved Dec. 20, 2019]. “(g) Reports.—“(1) In general.—Not later than September 30, 2020, and every 180 days thereafter until the authority in this section expires, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the appropriate committees of Congress a report on the activities of the Office of Security Cooperation in Iraq. “(2) Elements.—Each report under this subsection shall include the following:“(A) A description of capability gaps in the security forces of Iraq that also addresses capability gaps relating to intelligence matters, protection of Iraq airspace, and logistics and maintenance, and a description of the extent, if any, to which the Government of Iraq has requested assistance in addressing such capability gaps. “(B) A description of the activities of the Office of Security Cooperation in Iraq and the extent, if any, to which United States security assistance and security cooperation activities are intended to address the capability gaps described pursuant to subparagraph (A). “(C) A description of how the activities of the Office of Security Cooperation in Iraq are coordinated with, and complement and enhance, the assistance provided pursuant to section 1236 of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015. “(D) A description of end use monitoring programs, and any other programs or procedures, used to improve accountability for equipment provided to the Government of Iraq. “(E) A description of the measures of effectiveness used to evaluate the activities of the Office of the Security Cooperation in Iraq, and an analysis of any determinations to expand, alter, or terminate specific activities of the Office based on such evaluations. “(F) An evaluation of the effectiveness of United States efforts to promote respect for human rights, military professionalism, and respect for legitimate civilian authority in Iraq. “(3) Appropriate committees of congress defined.—In this subsection, the term ‘appropriate committees of Congress’ means—“(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and “(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. “(h) Limitation on Availability of Funds.—Of the amount authorized to be appropriated by this Act [probably means Pub. L. 117–81, see Tables for classification] for fiscal year 2022 to carry out this section, not more than $10,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report that—“(1) details further steps to reorganize the Office in a manner similar to that of other security cooperation offices in the region and indicates whether such reorganization will be achieved by 2023; “(2) describes progress made toward the continuation of bilateral engagement with the Government of Iraq, with the objective of establishing a joint mechanism for security assistance planning; “(3) includes a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform; and “(4) describes progress made toward, and a timeline for, the transition of the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years.”

[Section 1235(b)(1)(B) and (c) of Pub. L. 115–232 made identical amendment to subsec. (d) of section 1215 of Pub. L. 112–81, set out above.]

Counter-Improvised Explosive Device Initiatives Database

Pub. L. 111–383, div. A, title I, § 124, Jan. 7, 2011, 124 Stat. 4159, provided that: “(a) Comprehensive Database.—“(1) In general.—The Secretary of Defense, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall develop and maintain a comprehensive database containing appropriate information for coordinating, tracking, and archiving each counter-improvised explosive device initiative within the Department of Defense. The database shall, at a minimum, ensure the visibility of each counter-improvised explosive device initiative. “(2) Use of information.—Using information contained in the database developed under paragraph (1), the Secretary, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall—“(A) identify and eliminate redundant counter-improvised explosive device initiatives; “(B) facilitate the transition of counter-improvised explosive device initiatives from funding under the Joint Improvised Explosive Device Defeat Fund to funding provided by the military departments; and “(C) notify the appropriate personnel and organizations prior to a counter-improvised explosive device initiative being funded through the Joint Improvised Explosive Device Defeat Fund. “(3) Coordination.—In carrying out paragraph (1), the Secretary shall ensure that the Secretary of each military department coordinates and collaborates on development of the database to ensure its interoperability, completeness, consistency, and effectiveness. “(b) Metrics.—The Secretary of Defense, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall—“(1) develop appropriate means to measure the effectiveness of counter-improvised explosive device initiatives; and “(2) prioritize the funding of such initiatives according to such means. “(c) Counter-improvised Explosive Device Initiative Defined.—In this section, the term ‘counter-improvised explosive device initiative’ means any project, program, or research activity funded by any component of the Department of Defense that is intended to assist or support efforts to counter, combat, or defeat the use of improvised explosive devices.”

Programs To Commemorate Anniversaries of the Korean War

Pub. L. 111–383, div. A, title V, § 574, Jan. 7, 2011, 124 Stat. 4223, authorized the Secretary of Defense to conduct a program to commemorate the 60th anniversary of the Korean War, authorized the establishment of a Department of Defense Korean War Commemoration Fund, and directed the Inspector General of the Department of Defense to submit to Congress a report containing an accounting of various funds no later than 60 days after the end of the commemorative program.

Pub. L. 105–85, div. A, title X, § 1083, Nov. 18, 1997, 111 Stat. 1918, as amended by Pub. L. 105–129, § 1(b)(1), Dec. 1, 1997, 111 Stat. 2551; Pub. L. 105–261, div. A, title X, § 1067(a), (c), Oct. 17, 1998, 112 Stat. 2134; Pub. L. 106–65, div. A, title X, § 1052(a), (b)(1), (c), Oct. 5, 1999, 113 Stat. 764; Pub. L. 107–107, div. A, title X, § 1048(g)(6), (i)(1), Dec. 28, 2001, 115 Stat. 1228, 1229; Pub. L. 107–314, div. A, title X, § 1069, Dec. 2, 2002, 116 Stat. 2660, authorized the Secretary of Defense to conduct a program to commemorate the 50th anniversary of the Korean War during fiscal years 2000 through 2004, provided that up to $10,000,000 of funds appropriated for the Army for such fiscal years be made available for the program, and directed the Secretary to submit to Congress a report containing an accounting not later than 60 days after completion of all activities and ceremonies.

Report on Organizational Structure and Policy Guidance of the Department of Defense Regarding Information Operations

Pub. L. 111–383, div. A, title IX, § 943, Jan. 7, 2011, 124 Stat. 4341, required a report on the organizational structure and policy guidance of the Department of Defense with respect to information operations to be submitted to Congress no later than 90 days after Jan. 7, 2011, and a revised directive on information operations to be prescribed upon submittal of the report.

Biennial Report on Nuclear Triad

Pub. L. 111–383, div. A, title X, § 1054, Jan. 7, 2011, 124 Stat. 4358, which provided that, not later than March 1 of each even-numbered year, beginning March 1, 2012, the Secretary of Defense was to submit to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives a report on the nuclear triad, was repealed by Pub. L. 115–91, div. A, title X, § 1051(p)(4), Dec. 12, 2017, 131 Stat. 1565.

Treatment of Successor Contingency Operation to Operation Iraqi Freedom

Pub. L. 111–383, div. A, title X, § 1077, Jan. 7, 2011, 124 Stat. 4379, provided that: “Any law applicable to Operation Iraqi Freedom shall apply in the same manner and to the same extent to the successor contingency operation known as Operation New Dawn, except as specifically provided in this Act [see Tables for classification], any amendment made by this Act, or any other law enacted after the date of the enactment of this Act [Jan. 7, 2011].”

Policy and Requirements To Ensure the Safety of Facilities, Infrastructure, and Equipment for Military Operations

Pub. L. 111–84, div. A, title VIII, § 807, Oct. 28, 2009, 123 Stat. 2404, provided that: “(a) Policy.—It shall be the policy of the Department of Defense that facilities, infrastructure, and equipment that are intended for use by military or civilian personnel of the Department in current or future military operations should be inspected for safety and habitability prior to such use, and that such facilities should be brought into compliance with generally accepted standards for the safety and health of personnel to the maximum extent practicable and consistent with the requirements of military operations and the best interests of the Department of Defense, to minimize the safety and health risk posed to such personnel. “(b) Requirements.—Not later than 60 days after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall—“(1) ensure that each contract or task or delivery order entered into for the construction, installation, repair, maintenance, or operation of facilities for use by military or civilian personnel of the Department complies with the policy established in subsection (a); “(2) ensure that contracts entered into prior to the date that is 60 days after the date of the enactment of this Act comply with such policy to the maximum extent practicable; “(3) define the term ‘generally accepted standards’ with respect to fire protection, structural integrity, electrical systems, plumbing, water treatment, waste disposal, and telecommunications networks for the purposes of this section; and “(4) provide such exceptions and limitations as may be needed to ensure that this section can be implemented in a manner that is consistent with the requirements of military operations and the best interests of the Department of Defense.”

Defense Integrated Military Human Resources System Development and Transition

Pub. L. 111–84, div. A, title IX, § 932, Oct. 28, 2009, 123 Stat. 2433, as amended by Pub. L. 113–291, div. A, title IX, § 901(n)(1), Dec. 19, 2014, 128 Stat. 3469; Pub. L. 115–91, div. A, title X, § 1081(b)(1)(D), Dec. 12, 2017, 131 Stat. 1597, established a Defense Integrated Military Human Resources System development and transition Council to provide advice on the modernization of the integrated pay and personnel systems, required a report to Congress on actions taken, and went out of effect after Sept. 30, 2013.

Annual Report on Military Power of Iran

Pub. L. 111–84, div. A, title XII, § 1245, Oct. 28, 2009, 123 Stat. 2542, as amended by Pub. L. 113–66, div. A, title XII, § 1232(a), Dec. 26, 2013, 127 Stat. 920; Pub. L. 113–291, div. A, title XII, § 1277, Dec. 19, 2014, 128 Stat. 3592; Pub. L. 114–92, div. A, title XII, § 1231(a)–(d), Nov. 25, 2015, 129 Stat. 1057, 1058; Pub. L. 114–328, div. A, title XII, § 1225(a), Dec. 23, 2016, 130 Stat. 2487; Pub. L. 115–91, div. A, title XII, § 1225(a), Dec. 12, 2017, 131 Stat. 1655; Pub. L. 115–232, div. A, title XII, § 1236, Aug. 13, 2018, 132 Stat. 2042; Pub. L. 117–263, div. A, title XII, § 1231, Dec. 23, 2022, 136 Stat. 2837; Pub. L. 118–31, div. A, title XII, § 1268, Dec. 22, 2023, 137 Stat. 484; Pub. L. 118–159, div. A, title XII, § 1222, Dec. 23, 2024, 138 Stat. 2103; Pub. L. 119–60, div. A, title XII, § 1222, Dec. 18, 2025, 139 Stat. 1088, provided that: “(a) Annual Report.—Not later than January 30 of each year, the Secretary of Defense shall submit to Congress a report, in both classified and unclassified form, on the current and future military strategy of Iran. “(b) Matters to Be Included.—The report required under subsection (a) shall include a description of the security posture of Iran, including at least the following:“(1) A description and assessment of Iranian grand strategy, security strategy, and military strategy, including—“(A) the goals of Iran’s grand strategy, security strategy, and military strategy. [sic] “(B) evolving thresholds for the use of direct and attributable force by Iran; “(C) any adjustments to the use of proxy forces by Iran; “(D) trends in Iran’s strategy that would be designed to establish Iran as the leading power in the Middle East and to enhance the influence of Iran in other regions of the world; “(E) Iranian strategy regarding other countries in the region, including other specified countries; and “(F) Iranian strategy regarding offensive cyber capabilities and defensive cyber capabilities. “(2) An assessment of the capabilities of Iran’s conventional forces, including—“(A) the size and capabilities of Iran’s conventional forces; “(B) the effectiveness of Iran’s conventional forces when facing United States forces in the region and other specified countries; “(C) a summary of Iran’s procurement of advanced conventional capabilities from Russia; “(D) a description of Iranian military doctrine, including Iranian anti-access or area denial and other maritime harassment capabilities; and “(E) an estimate of the funding provided for each branch of Iran’s conventional forces and Iran’s unconventional or parallel military forces. “(3) An assessment of Iran’s unconventional forces and related activities, including—“(A) the size and capability of Iranian special operations units, including the Islamic Revolutionary Guard Corps–Quds Force; “(B) the types and amount of support, including funding, lethal and non-lethal supplies, and training, provided to groups designated by the United States as foreign terrorist organizations, regional militant groups, and Iranian-linked proxy groups, in particular those forces as having been assessed as to be willing to carry out terrorist operations on behalf of Iran or in response to a military attack by another country on Iran; “(C) the types and amount of support to be assessed under subparagraph (B) shall include support provided to Lebanese Hezbollah, Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, any Iraqi Shia-militia operating under the auspices of the ‘Islamic Resistance’, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the ‘Houthis’); “(D) the threat from Special Groups in Iraq, including Kata’ib Hezbollah and Asa’ib Ahl al-Haq, to United States and coalition forces located in Iraq and Syria; “(E) the role of Iran in supporting, facilitating, directing, or conducting attacks on United States forces in the region; “(F) an analysis of the effectiveness of Iran’s unconventional forces when facing United States forces in the region and other specified countries in the region; “(G) an estimate of the amount of funds spent by Iran to develop and support special operations forces and terrorist groups; “(H) a description of the structure of Iran’s global network of terrorist and criminal groups and an analysis of the capability of such network of groups and how such network of groups operates to support and reinforce Iran’s grand strategy; “(I) Iran’s cyber capabilities, including—“(i) Iran’s ability to use proxies and other actors to mask its cyber operations; “(ii) Iran’s ability to target United States governmental and nongovernmental entities, assets, and critical infrastructure; and “(iii) cooperation with or assistance from state and non-state actors in support or enhancement of Iran’s cyber capabilities; “(J) Iranian ability to manipulate the information environment both domestically and against the interests of the United States and its allies; and “(K) all formal or informal agreements involving a strategic military or security partnership with the Russian Federation, the People’s Republic of China, or any proxies of either such country; and “(L) an assessment of the military power of Iranian proxies and partners, including Hezbollah, Hamas, Palestine Islamic Jihad, Ansar Allah, and Iraqi and Syrian proxies. “(4) An assessment of Iranian capabilities related to nuclear and missile forces, including—“(A) a summary of nuclear weapons-related advances, including development of related scientific and industrial infrastructure, fissile material inventories aggregated by level of enrichment, and weaponization-related activities in the preceding year; “(B) a summary of the capabilities of Iran’s ballistic missile forces, including developments in the preceding year, the size of Iran’s ballistic missile forces and Iran’s cruise missile forces, and the locations of missile launch, storage, and production sites; “(C) a detailed analysis of the effectiveness of Iran’s ballistic missile forces and Iran’s cruise missile forces when facing United States forces in the region and other specified countries[;] “(D) an estimate of the amount of funding expended by Iran since 2004 on programs to develop a capability to build nuclear weapons or to enhance Iran’s ballistic missile forces; “(E) an assessment of Iran’s space launch vehicle program and the ability of Iran to use those technologies to develop and field an intermediate-range ballistic missile or an intercontinental ballistic missile; “(F) a detailed analysis of the effectiveness of Iran’s drone forces and the exportation of Iranian drones globally; “(G) a detailed analysis of the domestic and foreign supply chains supporting Iran’s drone program; “(H) a detailed assessment of the domestic production capacity by Iran’s proxies in the Middle East of tactical munitions including mortars, rocket assisted munitions, and rockets and long-range strike capabilities, including, drones, cruise missiles, and ballistic missiles; and “(I) a description or estimation of the threat posed by Iran’s Islamic Revolutionary Guard Corps to European citizens or to member countries of the European Union. “(5) An assessment of transfers to and from Iran of military equipment, technology, and training from or to non-Iranian sources or destinations, including transfers that pertain to nuclear development, ballistic missiles, chemical, biological, and advanced conventional weapons, weapon systems, and delivery vehicles, including drones. “(6) An assessment of the use of civilian transportation assets and infrastructure, including commercial aircraft, airports, commercial vessels, and seaports, used to transport illicit military cargo to or from Iran, including military personnel, military goods, weapons, military-related electric parts, and related components. “(7) An assessment of military-to-military cooperation between Iran and foreign counties [sic], including the People’s Republic of China, Cuba, North Korea, Pakistan, the Russian Federation, Sudan, Syria, Venezuela, and any other country designated by the Secretary of Defense with additional reference to cooperation and collaboration on the trafficking or development of nuclear, biological, chemical, and advanced conventional weapons, weapon systems, and delivery vehicles. “(8) An assessment of the extent to which the commercial aviation sector of Iran knowingly provides financial, material, or technological support to the Islamic Revolutionary Guard Corps, the Ministry of Defense and Armed Forces Logistics of Iran, the Russian Federation, Hezbollah, Hamas, Ansarallah, Kata’ib Hezbollah, the Badr Organization, any other foreign terrorist organization, or any Specially Designated Global Terrorist. “(9) An assessment of the use of civilians by groups supported by Iran to shield military objectives from attack, including groups such as—“(A) Hezbollah, Hamas, and the Houthis; and “(B) the Special Groups in Iraq. “(10) An assessment of the threat posed by Iran against United States and partner military bases, to include missile, unmanned aircraft systems, and loitering munition attacks. “(11) An assessment of the sale, supply, or transfer of narcotics in the Middle East region by the Islamic Revolutionary Guard Corps and Iran backed groups. “(12) An assessment of groups that are supported by Iran and designated by the United States as foreign terrorist organizations and regional military groups, including Hezbollah, Hamas, the Houthis, and the Special Groups in Iraq, in particular those forces as having been assessed as to be willing to carry out terrorist operations on behalf of Iran. “(13) An assessment of how Iran would utilize additional resources to further activities described in paragraphs (1) through (12). “(14) An assessment of the manner and extent to which the advances or improvements in the capabilities of Iran’s conventional and unconventional forces described in this section have affected Israel’s qualitative military edge during the preceding year. “(c) Definitions.—In this section:“(1) Iran’s conventional forces.—The term ‘Iran’s conventional forces’—“(A) means military forces of the Islamic Republic of Iran designed to conduct operations on sea, air, or land, other than Iran’s unconventional forces and Iran’s ballistic missile forces and Iran’s cruise missile forces; and “(B) includes all branches and sub-branches of Iran’s national army or Artesh, such as its ground forces, air force, navy, and air defense forces as well as most branches of its parallel military, and the Islamic Revolutionary Guard Corps excluding its Quds-Force. “(2) Iran’s unconventional forces.—The term ‘Iran’s unconventional forces’—“(A) means forces of the Islamic Republic of Iran that carry out missions typically associated with special operations forces; and “(B) includes—“(i) the Islamic Revolutionary Guard Corps–Quds Force; and “(ii) any organization that— “(I) has been designated a terrorist organization by the United States; “(II) receives assistance from Iran; and “(III)(aa) is assessed as being willing in some or all cases of carrying out attacks on behalf of Iran; or “(bb) is assessed as likely to carry out attacks in response to a military attack by another country on Iran or its regional interests. “(3) Iran’s ballistic missile forces.—The term ‘Iran’s ballistic missile forces’ means those elements of the military forces of Iran that employ ballistic missiles, including surface-to-surface or anti-ship variants. “(4) Iran’s cruise missile forces.—The term ‘Iran’s cruise missile forces’ means those elements of the military forces of Iran that employ cruise missiles, including surface-to-surface or anti-ship variants. “(5) Specified countries.—The term ‘specified countries’ means the countries in the same geographic region as Iran, including Israel, Lebanon, Syria, Jordan, Iraq, Afghanistan, Saudi Arabia, Turkey, Bahrain, Kuwait, the United Arab Emirates, Armenia, and Azerbaijan. “(d) Termination.—The requirement to submit the report required under subsection (a) shall terminate on December 31, 2030.”

[Pub. L. 118–159, § 1222(b)(2), which directed amendment of section 1245 of Pub. L. 111–84, set out above, by inserting “or its regional interests” before the period at the end of subsec. “(c)(2)(B)(ii)(bb)”, was executed to subsec. (c)(2)(B)(ii)(III)(bb), to reflect the probable intent of Congress.]

[Pub. L. 115–91, div. A, title XII, § 1225(b), Dec. 12, 2017, 131 Stat. 1655, provided that: “The amendments made by this section [amending section 1245 of Pub. L. 111–84, set out above] shall take effect on the date of the enactment of this Act [Dec. 12, 2017], and shall apply with respect to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010 [Pub. L. 111–84] after that date.” ]

[Pub. L. 114–328, div. A, title XII, § 1225(b), Dec. 23, 2016, 130 Stat. 2487, provided that: “The amendment made by subsection (a) [amending section 1245 of Pub. L. 111–84, set out above] shall take effect on January 1, 2018, and shall apply with respect to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010 [Pub. L. 111–84] on or after that date.” ]

[Pub. L. 114–92, div. A, title XII, § 1231(e), Nov. 25, 2015, 129 Stat. 1058, provided that: “The amendments made by this section [amending section 1245 of Pub. L. 111–84, set out above] shall take effect on the date of the enactment of this Act [Nov. 25, 2015], and shall apply with respect to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010 [Pub. L. 111–84], as so amended, after that date.” ]

[Pub. L. 113–66, div. A, title XII, § 1232(b), Dec. 26, 2013, 127 Stat. 920, provided that: “The amendments made by this section [amending section 1245 of Pub. L. 111–84, set out above] shall take effect on the date of the enactment of this Act [Dec. 26, 2013] and shall apply with respect to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010 [Pub. L. 111–84], as so amended, on or after that date.” ]

[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 1245 of Pub. L. 111–84, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.]

Requirement for Common Ground Stations and Payloads for Manned and Unmanned Aerial Vehicle Systems

Pub. L. 110–417, [div. A], title I, § 144, Oct. 14, 2008, 122 Stat. 4382, required the establishment of a policy and an acquisition strategy for intelligence, surveillance, and reconnaissance payloads and ground stations for manned and unmanned aerial vehicle systems and submission of a report containing the policy and acquisition strategy no later than 120 days after Oct. 14, 2008.

Report on Command and Control Structure for Military Forces Operating in Afghanistan

Pub. L. 110–417, [div. A], title XII, § 1216, Oct. 14, 2008, 122 Stat. 4633, as amended by Pub. L. 111–84, div. A, title XII, § 1229, Oct. 28, 2009, 123 Stat. 2528, required a report on the command and control structure for military forces operating in Afghanistan to be submitted in December of 2008, with a subsequent update as warranted by any modifications to the command and control structure.

Program To Commemorate 50th Anniversary of the Vietnam War

Pub. L. 110–181, div. A, title V, § 598, Jan. 28, 2008, 122 Stat. 141, provided that: “(a) Commemorative Program Authorized.—The Secretary of Defense may conduct a program to commemorate the 50th anniversary of the Vietnam War. In conducting the commemorative program, the Secretary shall coordinate, support, and facilitate other programs and activities of the Federal Government, State and local governments, and other persons and organizations in commemoration of the Vietnam War. “(b) Schedule.—The Secretary of Defense shall determine the schedule of major events and priority of efforts for the commemorative program in order to ensure achievement of the objectives specified in subsection (c). “(c) Commemorative Activities and Objectives.—The commemorative program may include activities and ceremonies to achieve the following objectives:“(1) To thank and honor veterans of the Vietnam War, including personnel who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans. “(2) To highlight the service of the Armed Forces during the Vietnam War and the contributions of Federal agencies and governmental and non-governmental organizations that served with, or in support of, the Armed Forces. “(3) To pay tribute to the contributions made on the home front by the people of the United States during the Vietnam War. “(4) To highlight the advances in technology, science, and medicine related to military research conducted during the Vietnam War. “(5) To recognize the contributions and sacrifices made by the allies of the United States during the Vietnam War. “(d) Names and Symbols.—The Secretary of Defense shall have the sole and exclusive right to use the name ‘The United States of America Vietnam War Commemoration’, and such seal, emblems, and badges incorporating such name as the Secretary may lawfully adopt. Nothing in this section may be construed to supersede rights that are established or vested before the date of the enactment of this Act [Jan. 28, 2008]. “(e) Commemorative Fund.—“(1) Establishment and administration.—If the Secretary establishes the commemorative program under subsection (a), the Secretary the Treasury shall establish in the Treasury of the United States an account to be known as the ‘Department of Defense Vietnam War Commemoration Fund’ (in this section referred to as the ‘Fund’). The Fund shall be administered by the Secretary of Defense. “(2) Use of fund.—The Secretary shall use the assets of the Fund only for the purpose of conducting the commemorative program and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary. “(3) Deposits.—There shall be deposited into the Fund—“(A) amounts appropriated to the Fund; “(B) proceeds derived from the Secretary’s use of the exclusive rights described in subsection (d); “(C) donations made in support of the commemorative program by private and corporate donors; and “(D) funds transferred to the Fund by the Secretary from funds appropriated for fiscal year 2008 and subsequent years for the Department of Defense. “(4) Availability.—Subject to subsection (g)(2), amounts deposited under paragraph (3) shall constitute the assets of the Fund and remain available until expended. “(5) Budget request.—The Secretary of Defense may establish a separate budget line for the commemorative program. In the budget justification materials submitted by the Secretary in support of the budget of the President for any fiscal year for which the Secretary establishes the separate budget line, the Secretary shall—“(A) identify and explain any amounts expended for the commemorative program in the fiscal year preceding the budget request; “(B) identify and explain the amounts being requested to support the commemorative program for the fiscal year of the budget request; and “(C) present a summary of the fiscal status of the Fund. “(f) Acceptance of Voluntary Services.—“(1) Authority to accept services.—Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. The Secretary of Defense shall prohibit the solicitation of any voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in the program. “(2) Reimbursement of incidental expenses.—The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph. “(g) Final Report.—“(1) Report required.—Not later than 60 days after the end of the commemorative program, if established by the Secretary of Defense under subsection (a), the Secretary shall submit to Congress a report containing an accounting of—“(A) all of the funds deposited into and expended from the Fund; “(B) any other funds expended under this section; and “(C) any unobligated funds remaining in the Fund. “(2) Treatment of unobligated funds.—Unobligated amounts remaining in the Fund as of the end of the commemorative period specified in subsection (b) shall be held in the Fund until transferred by law. “(h) Limitation on Expenditures.—Total expenditures from the Fund, using amounts appropriated to the Department of Defense, may not exceed $5,000,000 for fiscal year 2008 or for any subsequent fiscal year to carry out the commemorative program. “(i) Funding.—Of the amount authorized to be appropriated pursuant to section 301(5) [122 Stat. 53] for Defense-wide activities, $1,000,000 shall be available for deposit in the Fund for fiscal year 2008 if the Fund is established under subsection (e).”

Access to Military Installations

Pub. L. 116–283, div. A, title X, § 1090, Jan. 1, 2021, 134 Stat. 3879, as amended by Pub. L. 118–31, div. A, title X, § 1046, Dec. 22, 2023, 137 Stat. 390, which related to vetting procedures and monitoring requirements for certain military training, was transferred and is set out as a note preceding section 2661 of this title.

Pub. L. 115–232, div. A, title VI, § 626, Aug. 13, 2018, 132 Stat. 1802, which related to access to military installations for certain surviving spouses or next of kin, was transferred and is set out as a note preceding section 2661 of this title.

Pub. L. 114–328, div. A, title III, § 346, Dec. 23, 2016, 130 Stat. 2085, as amended by Pub. L. 115–91, div. B, title XXVIII, § 2819, Dec. 12, 2017, 131 Stat. 1853, which related to access to military installations by transportation companies, was transferred and is set out as a note preceding section 2661 of this title.

Pub. L. 114–328, div. A, title X, § 1050, Dec. 23, 2016, 130 Stat. 2396, as amended by Pub. L. 116–92, div. B, title XXVIII, § 2822, Dec. 20, 2019, 133 Stat. 1889, which related to access to military installations for credentialed transportation workers, was transferred and is set out as a note preceding section 2661 of this title.

Pub. L. 112–239, div. B, title XXVIII, § 2812, Jan. 2, 2013, 126 Stat. 2150, required the Secretary of Defense to publish procedural requirements regarding access to military installations in the United States by individuals, including individuals performing work under a contract awarded by the Department of Defense, by no later than 180 days after Jan. 2, 2013.

Pub. L. 110–181, div. A, title X, § 1069, Jan. 28, 2008, 122 Stat. 326, as amended by Pub. L. 110–417, [div. A], title X, § 1059, Oct. 14, 2008, 122 Stat. 4611; Pub. L. 111–84, div. A, title X, § 1073(c)(11), Oct. 28, 2009, 123 Stat. 2475, directed the Secretary of Defense to develop access standards applicable to all military installations in the United States by Feb. 1, 2009, submit the standards to Congress by Aug. 1, 2009, and implement the standards by Oct. 1, 2010.

Protection of Certain Individuals

Pub. L. 110–181, div. A, title X, § 1074, Jan. 28, 2008, 122 Stat. 330, as amended by Pub. L. 113–66, div. A, title X, § 1084(b)(2)(A), Dec. 26, 2013, 127 Stat. 872; Pub. L. 113–291, div. A, title X, § 1046, Dec. 19, 2014, 128 Stat. 3494, which provided for protection of Department of Defense leadership and certain additional individuals within the military, Department of Defense, and certain foreign government representatives, was repealed by Pub. L. 114–328, div. A, title IX, § 952(c)(3), Dec. 23, 2016, 130 Stat. 2375. See section 714 of this title.

Authority To Provide Automatic Identification System Data on Maritime Shipping to Foreign Countries and International Organizations

Pub. L. 110–181, div. A, title XII, § 1208, Jan. 28, 2008, 122 Stat. 367, provided that: “(a) Authority To Provide Data.—The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the Secretary of a military department or a commander of a combatant command to exchange or furnish automatic identification system data broadcast by merchant or private ships and collected by the United States to a foreign country or international organization pursuant to an agreement for the exchange or production of such data. Such data may be transferred pursuant to this section without cost to the recipient country or international organization. “(b) Definitions.—In this section:“(1) Automatic identification system.—The term ‘automatic identification system’ means a system that is used to satisfy the requirements of the Automatic Identification System under the International Convention for the Safety of Life at Sea, signed at London on November 1, 1974 (TIAS 9700) [see 33 U.S.C. 1602 and notes thereunder]. “(2) Geographic combatant commander.—The term ‘commander of a combatant command’ means a commander of a combatant command (as such term is defined in section 161(c) of title 10, United States Code) with a geographic area of responsibility.”

Report on Support From Iran for Attacks Against Coalition Forces in Iraq