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 100 STAT. 996

P U B L I C LAW 99-433—OCT. 1, 1986

the President thereafter.". Post, pp. 1022, 1075.

Post, pp. 1022, 1055.

shall notify

Congress not later than

60 days

SEC. 1 2 POWERS AND DUTIES OF THE SECRETARY OF DEFENCE 0. Section 113 (as transferred and redesignated by section 101(a)(2)) is amended by adding a t the e n d the following n e w subsections: "(f) W h e n a vacancy occurs in a n office within the Department of Defense and the office is to be filled by a person appointed from civilian life by the President, by and w i t h the advice and consent of the Senate, the Secretary of Defense shall inform the P r e s i d e n t of the qualifications needed by a person serving in that office to carry out effectively the duties and responsibilities of that office. "(g)(1) The Secretary of Defense, w i t h the advice and assistance of the C h a i r m a n of the Joint Chiefs of Staff, shall provide annual l y to the heads of Department of Defense components w r i t t e n policy guidance for the p r e p a r a t i o n and review of the program recommendations and budget proposals of the i r respective components. Such guidance shall include guidance on— "(A) national security objectives and policies; "(B) the priorities of m i l i t a r y missions; and "(C) the resource levels projected to be available for the period of t i m e for which such recommendations and proposals a r e to be effective. "(2) The Secretary of Defense, w i t h the approval of the President and after consultation w i t h the C h a i r m a n of the Joint Chiefs of Staff, shall provide annual l y to the C h a i r m a n w r i t t e n policy guidance for the p r e p a r a t i o n and review of contingency plans. Such guidance shall include guidance on the specific force levels and specific supporting resource levels projected to b e available for the period of t i m e for which such plans a r e to b e effective. "(h) The Secretary of Defense shall keep the Secretaries of the military d e part m e n t s informed w i t h respect to military operations and activities of the Department of Defense that directly affect the i r respective responsibilities.". SEC. 1 3 MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO 0. REORGANIZE THE DEPARTMENT OF DEFENSE Section 125 is amended— (1) by striking o u t "unless the Secretary " in the second sentence of subsection (a) and all that follows in that subsection and inserting in lieu thereof a period; and (2) by inserting "vested by law in the Department of Defense, or a n officer, official, or agency the r e o f in subsection (b) after "function, power, or d u t y ". SEC. 1 4 OFFICE OF THE SECRETARY OF DEFENSE 0. 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 carrying 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.

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 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 RESEARCH AND ENGINEERING

ij o;

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 as Under Secretary within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force. "(b)(1) The Under Secretary shall perform such duties and exercise 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 (b) 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

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 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 USC 137.

"§ 137. Comptroller "(a) There is a Comptroller of the Department of Defense, appointed 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 principles, 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 accounting; 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).

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 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 999

"(b) The Inspector General performs the duties, has the responsibiHties, and exercises the powers specified in the Inspector General Act of 1978.".

5 USC app.

SEC. 109. MANAGEMENT STUDIES OF OFFICE OF THE SECRETARY OF DEFENSE

10 USC 131 note.

(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 allocation and structure of the Office to assist the Secretary in carrying out his duties and responsibilities. The study shall include consideration 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 (d)(l)(A) 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 recommendations concerning the matters specified in paragraphs (1)(C), (I)(D), (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 planning 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.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1036

 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 between 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 development 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 performance 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 FiveYear 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, including the desirability of— (A) establishing Under Secretaries of Defense for missionoriented 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 effective policy formulation and management. (e) ANALYSIS OF CIVIUAN CONTROL.—(1) The Secretary of Defense,

Wages.

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. (2) Such examination shall include a determination of the total number of positions in the Office of the Secretary of Defense above

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1037

 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 Secretary 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 subsection (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 description 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), together 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— 10 USC 7ii et (1) by striking out section 718; and 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:
 * ^9(2) by striking out the item relating to that section in the

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1038

 100 STAT. 1002 10 USC 114.

PUBLIC LAW 99-433—OCT. 1, 1986

"§ 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 manpower 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 JPollowing: (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 as follows: "CHAPTER 3—GENERAL POWERS AND FUNCTIONS". (d) REVISED SECTION HEADINGS.—(1) The heading of section 112 (as
 * '§ 116. Annual operations and maintenance report";

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 readiness". (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:

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 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 technical 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. "128. "129. "130.

Emergency and extraordinary expenses. Funds transfers for foreign cryptologic support. Prohibition of certain civilian personnel management constraints. 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.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1040

 100 STAT. 1004

PUBLIC LAW 99-433—OCT. 1, 1986

"136. "137. "138. "139. "140.

Assistant Secretaries of Defense. Comptroller. Director of Operational Test and Evaluation. General Counsel. Inspector General.".

"" ' '

(g) CROSS REFERENCE AMENDMENTS TO TITLE 10.—(1) Section 138(a)(2)(B) (as redesignated by section 101(a)) is amended by striking out "section 139a(a)(l)" and inserting in lieu thereof "section 2432(a)(l)". (2) Section 1621(3) is amended by striking out "section 139a(a)(l)" and inserting in lieu thereof "section 2432(a)(l)". (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 appears in paragraph (2) and inserting in lieu thereof "section 2432(a)(l)(B)". (4) Section 2362(e)(2) 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 (c)(1) 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 (a)(1) 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(b)(l) (as redesignated by section 101(a)) is amended by striking out "section 139a(a)(l)" and inserting in lieu thereof "section 2432(a)(l)". (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(c)(l) of the Arms Export Control Act (22 U.S.C. 2795(c)(l)) 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:

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1041

 PUBLIC LAW 9 9 - 4 3 3 - O C T. 1, 1986

100 STAT. 1005

"CHAPTER 5—JOINT CHIEFS OF STAFF "Sec. "151. "152. "153. "154. "155.

Joint Chiefs of Staff: composition; functions. Chairman: appointment; rank. Chairman: functions. Vice Chairman. 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 President, 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 functions, duties, and responsibilities, the Chairman shall, as he considers 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 appropriate, 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 President, 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 Security 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 advisers, 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.

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 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 Department 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 President 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 USC 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 pleasure 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 reassignment 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 Commandant 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.

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 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1007

"§ 153. Chairman: functions "(a) PLANNING; ADVICE; POLICY 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 Secretary 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 objectives and policy and on strategic plans. "(D) Establishing and maintaining, after consultation with the commanders of the unified and specified combatant commands, 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 program recommendations and budget proposals of the military departments and other components of the Department of Defense 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 recommendations 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.

10 USC 153.

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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 manpower 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 education and training of members of the armed forces. "(6) OTHER MATTERS.—(A) Providing for representation of the

10 USC 154.

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 Secretary 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 maximum 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 recommendations for such changes in policies, directives, regulations, and legislation as may be necessary to achieve the changes in the assignment of functions recommended by the Chairman. "§ 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 components 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.

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"(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 Chairman, 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 Chairman 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 President 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 disability 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 command over the Joint Chiefs of Staff or any of the armed forces. "§ 155. Joint Staff 10 USC 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 Chairman 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

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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 approval 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 Department 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 USC 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,";

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(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 Security 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 (3)(D) 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 USC 153 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 QUALIFICATIONS FOR APPOINTMENT AS VICE CHAIR- ID use 154 note. MAN OF JCS.—(1) The President may waive, as provided in paragraph (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. (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 (2)(B) or (2)(C) 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.

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PUBLIC LAW 99-433—OCT. 1, 1986 "CHAPTER 6—COMBATANT COMMANDS

"Sec. "161. "162. "163. "164. "165. "166.

10 USC 161. President of U.S.

President of U.S.

Combatant commands: establishment. Combatant commands: assigned forces; chain of command. Role of Chairman of Joint Chiefs of Staff. Commanders of combatant commands: assignment; powers and duties. Combatant commands: administration and support. Combatant commands: budget proposals.

.

"§ 161. Combatant commands: establishment "(a) UNIFIED AND SPECIFIED COMBATANT COMMANDS.—With the

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 geographic 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. "(2) Except during time of hostilities or imminent threat of hostilities, 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 military command which has broad, continuing missions and which is normally composed of forces from a single military department. "(3) The term 'combatant command' means a unified combatant 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 assignments 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.

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"(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 approved 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 prescribed by the Secretary of Defense. "(b) CHAIN OF COMMAND.—Unless otherwise directed by the President, 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 "(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 commands prescribed in section 164(b)(2) of this title. "(2) Subject to the authority, direction, and control of the Secretary 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 commanders 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) has the joint specialty under section 661 of this title; and

10 USC 163.

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"(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 commander 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 preparedness 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 commanders; "(F) coordinating and approving those aspects of administration 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 provided 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 control 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 consultation 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

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Secretary considers necessary to carry out missions assigned to the command. "(3) If a commander of a combatant command at any time considers 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 otherwise directed by the President or the Secretary of Defense— "(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 combatant command on all matters for which the commander of the i combatant command has been assigned authority under subsection (c); » "(2) the commander of a command or force referred to in clause (1) shall communicate with other elements of the Department of Defense 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; f' "(3) other elements of the Department of Defense shall communicate with the commander of a command or force referred 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 recommended 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 Secretary 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 determines 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.

\ i

10 USC 601.

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10 USC 601.

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 designated under section 601 of this title as a position of importance and responsibility, may be recommended to the President for assignment to that position, only— "(A) with the concurrence of the commander of such command; 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 MILITARY DEPARTMENTS.—

Subject to the authority, direction, 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, the Secretary of a military department is responsible for the administration and support 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, direction, 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).

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Rh Generous and altogether unselfish as this sentiment really was, it was obviously to the general interest that they should become acquainted, and if possible establish friendly relations, with any human inhabitant who might be sharing their own strange destiny in being rolled away upon a new planet into the infinitude of space. All difference of race, all distinction of nationality, must be merged into the one thought that, few as they were, they were the sole surviving representatives of a world which it seemed exceedingly improbable that they would ever see again; and common sense dictated that they were bound to direct all their energies to insure that their asteroid should at least have a united and sympathizing population.

It was on the 25th of February that the yacht left the little creek in which she had taken refuge, and setting off at full steam eastwards, she continued her way along the northern shore. A brisk breeze tended to increase the keenness of the temperature, the thermometer being, on an average, about two degrees below zero. Salt water freezes only at a lower temperature than fresh; the course of the Dobryna was therefore unimpeded by ice, but it could not he concealed that there was the greatest necessity to maintain the utmost possible speed.

The nights continued lovely; the chilled condition of the atmosphere prevented the formation of clouds; the constellations gleamed forth with unsullied luster; and, much as Lieutenant Procope, from nautical considerations, might regret the absence of the moon, he could not do otherwise than own that the magnificent nights of Gallia were such as must awaken the enthusiasm of an astronomer. And, as if to compensate for the loss of the moonlight, the heavens were illuminated by a superb shower of falling stars, far exceeding, both in number and in brilliancy, the phenomena which are commonly distinguished as the August and November meteors; in fact, Gallia was passing through that meteoric ring which is known to lie exterior to the earth's orbit, but almost concentric with it. The rocky coast, its metallic surface reflecting the glow of the dazzling luminaries, appeared literally stippled with light, whilst the sea, as though spattered with burning hailstones, shone with a phosphorescence that was perfectly splendid. So great, however, was the speed at which Gallia was receding from the sun, that this meteoric storm lasted scarcely more than four and twenty hours.

Next day the direct progress of the Dobryna was arrested by a long projection of land, which obliged her to turn southwards, until she reached what formerly would have been the southern extremity of Corsica. Of this, however, there was now no trace; the Strait of Bonfacio had been replaced by a vast expanse of water, which had at first all the appearance of being utterly desert; but on the following morning the explorers unexpectedly sighted a little island, which, unless it should prove, as was only too likely, to be of recent origin they concluded, from its situation, must be a portion of the northernmost territory of Sardinia.

The Dobryna approached the land as nearly as was prudent, the boat was lowered, and in a few minutes the count and Servadac had landed upon the islet, which was a mere plot of meadow land, not much more than two acres in extent, dotted here and there with a few myrtle-bushes and lentisks, interspersed with some ancient olives. Having ascertained, as they imagined, that the spot was devoid of living creature, they were on the point of returning to their boat, when their attention was arrested by a faint bleating, and immediately afterwards a solitary she-goat came bounding towards the shore. The creature had dark, almost black hair, and small curved horns, and was a specimen of that domestic breed which, with considerable justice, has gained for itself the title of "the poor man's cow." So far from being alarmed at the presence of strangers, the goat ran nimbly towards them, and then, by its movements and plaintive cries, seemed to be enticing them to follow it.

"Come," said Servadac; "let us see where it will lead us; it is more than probable it is not alone."

The count agreed; and the animal, as if comprehending what was said, trotted on gently for about a hundred paces, and stopped in front of a kind of cave or burrow that was half concealed by a grove of lentisks. Here a little girl, seven or eight years of age, with rich brown hair and lustrous dark eyes, beautiful as one of Murillo's angels, was peeping shyly through the branches. Apparently discovering nothing in the aspect of the strangers to excite her apprehensions, the child suddenly gained confidence, darted forwards with outstretched hands, and in a voice, soft and melodious as the language which she spoke, said in Italian:

"I like you; you will not hurt me, will you?"

"Hurt you, my child?" answered Servadac. "No, indeed; we will be your friends; we will take care of you."

And after a few moments' scrutiny of the pretty maiden, he added:

"Tell us your name, little one."

"Nina!" was the child's reply.

"Well, then, Nina, can you tell us where we are?"

"At Madalena, I think," said the little girl; "at least, I know I was there when that dreadful shock came and altered everything."

The count knew that Madalena was close to Caprera, to the north of Sardinia, which had entirely disappeared in the disaster. By dint of a series of questions, he gained from the child a very intelligent account of her experiences. She told him that she had no parents, and had been employed in taking care of a flock of goats belonging to one of the landowners, when one day, all of a sudden, everything around her, except this little piece of land, had been swallowed up, and that she and Marzy, her pet goat, had been left quite alone. She went on to say that at first she had been very frightened; but when she found that the earth did not shake any more, she had thanked the great God, and had soon made herself very happy living with Marzy. She had enough food, she said, and had been waiting for a boat to fetch her, and now a boat had come and she was quite ready to go away; only they must let her goat go with her: they would both like so much to get back to the old farm.

"Here, at least, is one nice little inhabitant of Gallia," said Captain Servadac, as he caressed the child and conducted her to the boat.

Half an hour later, both Nina and Marzy were safely quartered on board the yacht. It is needless to say that they received the heartiest of welcomes. The Russian sailors, ever superstitious, seemed


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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— 10 USC 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;*; ru graphs (2) and (3): "(2) the Secretary of Defense; "(3) the commanding officer of a unified or specified combatant 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

(a) MATTERS To B E CONSIDERED.—The first review of the missions, responsibilities (including geographic boundaries), and force structure 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 Strategic 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 transportation missions which would combine the transportation missions, 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 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 (B) the region of the Middle East that is assigned to the United States European Command. (6) Revision of the geographic area for which the United States Southern Command has responsibility so as to include the ocean areas adjacent to Central America.

^. ^ ^""""' 10 USC 161 note.

^,, >. ^

,

Asia.

Asia. Middle East. Central America.

,^

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1054

 100 STAT. 1018 Alaska.

Reports.

PUBLIC LAW 99-433—OCT. 1, 1986

(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. (b) DEADLINE.—The first report to the President under such section 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 MILITARY TRANSPORTATION COMMANDS.—Section 1110 of the Department

10 USC 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 USC 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 USC 164 note.

(b) WAIVER OF QUALIFICATIONS FOR ASSIGNMENT AS COMBATANT

COMMANDER.—(1) The President may waive, as provided in paragraph (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 (2)(B) or (2)(C) may not be made more than four years after the date of the enactment of this Act.

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 100 STAT. 1019

PUBLIC LAW 99-433—OCT. 1, 1986

(4) A waiver under this subsection may be made only on a case-bycase basis. (c) SELECTION AND SUSPENSION FROM DUTY OF SUBORDINATE OFFI-

CERS.—Subsections (e), (f), and (g) of section 164 of title 10, United 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 (as added by section 211 of this Act), shall take effect with budget proposals for fiscal year 1989.

Effective date. 10 USC 164 note.

Effective date. 10 USC 166 note.

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 " I. Common Supply and Service Activities "II. Miscellaneous Defense Agency Matters

Sec. 191 201

"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 USC 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 performance 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.

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 100 STAT. 1020 10 USC 192.

PUBLIC LAW 99-433—OCT. 1, 1986

"§ 192. Defense Agencies and Department of Defense Field Activities: 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 procedures under which information required for review of the National Security Agency shall be obtained. Reports.

"§ 193. Combat support agencies: oversight, 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 Secretary of Defense, take steps to provide for any revision of those plans that the Chairman considers appropriate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1057

 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 agencies 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 readiness 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. — The Secretary 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 support 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 Department 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

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1058

 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 assigned 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 exceeded by recategorizing or redefining duties, functions, offices, or organizations. "(d) EXCLUSION OF N S A. — The 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 headquarters activities' and 'management headquarters support 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?, 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 (c)(2) 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 DEFENSE 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 (other than such an entity that is designated by the SecI * ^ 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
 * . f BlJOf

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 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 ACTIVITIES

10 USC 191 note.

(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 subsection (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 Secretaries 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 discussion 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 Secretary 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 Department of Defense Field Activities meet the statutory requirement 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

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 100 STAT. 1024

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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 functions 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 legislation 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 resource 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 equipment with new equipment. (4) Plans to achieve reductions in 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 the National Security Agency) by 5 percent, 10 percent, and 15 percent of the total number of such members and employees projected to be assigned 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 USC 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

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 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 10 USC 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) ESTABLISHMENT OF JOINT OFFICER MANAGEMENT POLICIES.—

Part II of subtitle A is amended by inserting after chapter 37 the 10 USC 501 et following new chapter:
 * ^9-

^

"CHAPTER 38—JOINT OFFICER MANAGEMENT

"Sec. "661. "662. "663. "664. "665. "666. "667. "668.

Manjigement policies for joint specialty officers. Promotion policy objectives for joint officers. Education. Length of joint duty assignments. Procedures for monitoring careers of joint officers. Reserve officers not on the active-duty list. Annual report to Congress. Definitions.

"§ 66L Management policies for joint specialty officers 10 USC 661. "(a) ESTABLISHMENT.—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 Secretary 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

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