DRAFT FLOOR POSITION ON THE DRAFT OF THE SENATE ARMED SERVICES COMMITTEE BILL ON DEFENSE REORGANIZATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01390R000801050008-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 129
• Document Creation Date: December 27, 2016
• Document Release Date: January 15, 2013
• Sequence Number: 8
• Publication Date: April 3, 1986
• Content Type: MEMO

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SUSPENSE 9April86
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7April86
Name/Date
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I wnum.VV1i 1M-
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. O.C. 20503
April 3, 1986
SPECIAL
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer-
National Security Council
Department of State
Department of Justice
Department of Defense
Office of Personnel' Management
/CentKA1 Intelligence Agency
Draft Floor Position on the draft of the Senate
Armed Services Committee bill on Defense Reorg-
anization.
(A copy of the draft bill is included for your
review.)
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
A response to this request for your views is needed no later than
WEDNESDAY, APRIL 9, 1986.
Questions should be referred to SueThau/AnnetteRooney ( 395-7300) ,
the legislative analyst in this office.
ONALD K. PETERSON FOR
Assistant Director for
Legislative Reference
cc: A. Belasco
R. Greene
H. Schreiber
T. Stanners
F. Seidl
J. Eisenhour (see pg. 42)
CIAL
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STATEMENT OF
ADMINISTRATION
POLICY
April 3, 1986
Department of Defense Reorganization Act of 1986
(Senators Goldwater (R) Arizona and Nunn (D) Georgia)
The Administration supports Senate passage of S. and the
adoption of amendments to delete the provisions requiring
selected staff reductions in Defense. The statutory imposition of
specific personnel reductions would eliminate needed management
flexibility and impair the Secretary's ability to respond to
changing program requirements.
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2579
NATIONAL SECURITY COUNCIL
WASHINGTON. D.C. 20506
l / J
March 31, 1986
MEMORANDUM FOR RONALD K. PETERSON
FROM: RODNEY B. MCDANIEL 4l`
SUBJECT: Senate Armed Services Committee Bill
Attached is a draft of the Senate Armed Services Committee Bill
on Defense Reorganization. We would appreciate your circulating
the document for comment. The views of those on your distribution
list would be helpful to us in evaluating how to deal with the
various issues concerning reorganization which may arise in the
course of Congressional debate.
Tab A Draft Senate Armed Services Committee Bill
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S.L.C.
049920.046
March 26, 1986
Calendar No. --
99th CONGRESS
2'2. Session
S. ------
[Report No. 99--1
---------------------------
IN THE SENATE OF THE UNITED STATES
Mr. Goldwater, from the committee Aadrmetwiced derrepedorttoedbthe
re ore
f^tlowing original bill; which was
, ced on the calendar
---------------------------
A BILL
To amend title 10, Unite: States Code, to reorganize andto
strengthen certain elements of the Department of Defense, improve the military advice provided the President, the
ational Security Council, and the Secretary of Defense, tc
N to incrsase
enhance the effectiveness of military operations,
for the
attention to the formulation of ;trategY, to provide
more efficient use of resources, tc stren?then civilian
authority in the Department of Defense, and for other
purposes.
o and ?ous? gf 5ccreser.tative
e it ancte_ the Sae
1 --a
sPmtled
2 gni*?d ~t3L25 of .q-rrecica in Corgcess a_,~M---~
*~o
f ---
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049920.046
1 SECTION 1. SHORT TITLE
This Act may be cited as the "Department of Defense
2
3 Reorganization Act of 1986".
4 SEC. 2. REFERENCES TO TITLE 10, UNITED STATES CODE In this
Except as otherwise expressly provided, whenever
5
6 Act an amendment or repeal is expressed in terms of an
ion, the
r CoViS
p
7 amendment to, or repeal of, a section or othe..s section or
8 reference shall be considered to be made tooa de.
9 other provision of title 10, United States Code.
TITLE I--DEPARTMENT OF DEFENSE
DEFENSE
11 SEC. 101. MODIFICATION OF AUTHORITY OF SECRETARY OF
12 TO REORGANIZE THE DEPARTMENT OF DEFENSE
13 Section 125 is amended-- "
unless the
striking out
14 (1) in subsection (a), by -'
15 Secretary" in the second sentence and all that follows
16 down through the rest of the subsection and inserting In
17 lieu thereof a period;
(2) in subsection (b)--
9
(A) by inserting "vested by law in the
19
20 Department of Defense, cc an officer, official, or ,'
agency thereof" after ''function, power, or duty'';
21
22 and
(H) by striking out "5312, 5312, 5313" and inserting
in lieu thereof 52i42, 5243 "; 3Zd
24
25 (3) by striking out subsection (d).
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1 SEC. 102. ORGANIZATION OF THE DEPARTMENT OF DEFENSE
2 Section 131 is amended to read as follows:
3 "S 131. Executive department
4 "The Department of Defense is an executive department of
5 the United States. It is composed of the following:
6 "(1) The office of the Secretary of Defense.
7 "(2) The Joint Chiefs of staff.
8 "(3) The Joint Staff.
9 "(4) The Defense Agencies.
1,- "(5) Department of Defense Field Activities.
11 "(6) The Department of the Army.
12 "(7) The Department of the Navy.
13 "(8) The Department of the Air Force.
14 "(9) The unified and specified combatant commands of
15 the Department of Defense.
16 " (10) All field headquarters of the Department of
17 Defense.
18 "(11) The reserve components of the military
19 departments.
20 %'(12) All Installations of the Department of
21 Defense.
22 %'(13) All functions and activities under the control
23 or supervision of any element named in clauses (1)
24 through (12).
25 "(14) Such other offices as Tay be established or
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1 designated by the President.".
2 SEC. 103. POWERS AND DUTIES OF THE SECRETARY OF DEFENSE
3 (a) In General.--Section 133 is amended--
(1) in subsection (c-)(2), by striking out "section
125" and inserting in lieu thereof "sections 125 and
191";
(2) in subsection (e)--
(A) by inserting " , major military missions,"
9 in clause (1) after " pclicy ";
10 (B) by striking out "that policy" in clause (2)
11 and Inserting in lieu thereof "such policy,
12 missions,"; and
13 (C) by striking out "the policy" in clause (3)
14 and inserting in lieu thereof "such policy,
15 missions,"; and
16 (3) by adding at the end the following new
17 subsections:
18 **(f) When a vacancy occurs in an office within the
19 Department of Defense and the person appointed to that office
20 is to be appointed from civilian life by the President, by
21 and with the advice and consent of the Senate, the Secretary
22 of Defense shall inform the President of the qualifications
23 needed by an appointne to carry cut effectively the duties
24 and responsibilities of that office.
25 "(g) The Secretary of Defense, with the approval of the
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1 President, shall provide annually to the Chairman of the
2 Joint Chiefs of Staff written policy guidance for the
3 preparation and review of contingency plans.
4 ??(h) The Secretary of Defense shall keep the Secretaries
5 of the Army, Navy, and Air Force informed on military
6 operations and activities of the Department of Defense that
7 directly affect their respective responsibilities.".
8 (b) Conforming Amendments.--The section heading of
9 section 133 is amended to read as follows:
10 "S 133. Secretary of Defense: appointment; powers and
11 duties; delegation authority".
12 SEC. 104. REDESIGNATION OF SECTIONS
13 Chapter 4 is further amended by redesignating the
14 sections of chapter 4 as follows:
(1) Section 133a as section 142.
(2) Section 133b as section 2780.
(3) Section 134 as section 135.
(4) Section 135 as section 136.
(5) Section 136 as section 137.
(6) Section 136a as section 139.
(7) Section 137 as section 140.
(8) Section 138 as section 2971.
(9) Section 139 as section 2972.
(10) Section 139a as section 2873.
(11) Section 139t as section 2874.
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1
(12) Section 139c as section 2875.
2
(13) Section 140 as section 143.
3
(14) Section 140a as section 144.
4
(15) Section 140b as section 145.
5
(16) Section 140c as section 146.
6
SEC.
105. OFFICE OF THE SECRETARY OF DEFENSE
7
Chapter 4 is further amended by inserting after section
8
133 the following new section:
9
"S 134. Office of the Secretary of Defense
10
"(a) There is In the Department of Defense an Office cf
11
the Secretary of Defense. The function of the Office is to
12
assist the Secretary of-Defense in carrying out his duties
13
and responsibilities.
14
'' (b) The Office of the Secretary of Defense is composed
15
of the following:
16
"M The Deputy Secretary of Defense.
17
"(2) The Under Secretaries of Defense.
18
'*(3) The Assistant Secretaries of Defense.
19
"(4) The Comptroller of the Department of Defense.
20
"(5) The Director of Operational Test and
21
Evaluation.
22
"(6) The general Counsel of the Department of
23
Defense.
24
"(7) The Inspector -eneral of the Department of
25
Defense.
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1 "(8) Such other offices and officers as the
2 Secretary of Defense may establish or designate.
3 "?(c) Officers of the armed forces may be detailed for
4 duty as assistants or personal aides to the Secretary of
5 Defense. However, the Secretary may not establish a military
6 staff other than that designated by section 151(d) of this
7 title.
8 "'(d) The Secretary of each military department, his
9 civilian assistants, and members of the armed forces under
10 the jurisdiction of his department shall cooperate fully with
11 personnel of the Office of the Secretary of Defense to
12 achieve efficient administration of the Department of Defense
13 and to carry out effectively the authority, direction, and
14 control of the Secretary of Defense.".
15 SEC. 106. UNDER SECRETARIES OF DEFENSE
16 Section 136 (as redesignated by section 104(4)) is
17 amended--
18 (1) in subsection (a), by striking out the last
19 sentence; and
23 (2) in subsection (b)--
21 (A) by inserting '*M" after '' (b) ";
22 (8) by aesignating the second sentence as
23 paragraph (2); and
24 (C) by redesi;nating clauses (1) thrcugh (3) of
25 paragraph (2) (as recesi,natea) as clauses (A)
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1
through (C), respectively.
2
SEC. 107. ASSISTANT SECRETARIES OF DEFENSE
3
Section 137 (as redesignated by section 104(5)) is
4
amended--
5
(1) in subsection (b)--
6
(A) by striking out paragraphs (2) and (3);
7
(B) by redesignating paragraph (4) as paragraph
8
(2); and
9
(C) by striking out paragraphs (5) and (6);
10
(2) in subsection (c)--
11
(A) by striking out "him " in paragraph (1) and
12
inserting in lieu thereof "the Assistant
13
Secretary"; and
14
(B) by striking out ", or his designee" in
15
paragraph (2);
16
(3) by striking out subsection (d);
17
(4) by redesignating subsection (e) as subsection
18
(d); and
19
(5) by inserting at the end of subsection (d) (as
20
redesignated) the.following: "The order of precedence
21
among the Assistant Secretaries shall be the order
22
prescribed by the Secretary of Defense.".
23
SEC.
108. COMPTROLLER OF THE DEPA.?1MENT OF DEFENSE
24
Chapter u is further smenced by insertinc after section
25
137 (as redesignated by section 10u(5)) the following new
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1 section:
2 "S 138. Comptroller of the Department of Defense
3 "(a) There is a Comptroller of the Department of
4 Defense, appointed from civilian life.
5 "(b) Subject to the authority, direction, and control of
6 the Secretary of Defense, the Comptroller of the Department
7 of Defense shall--
8 "M advise and assist the Secretary in performing
9 such budgetary and fiscal functions and duties, and in
10 exercising such budgetary and fiscal powers, as are
11 needed to carry out the powers of the Secretary;
12 "(2) supervise and direct the preparation of budget
13 estimates of the Department of Defense;
14 "(3) establish and supervise the execution of
15 principles, policies, and procedures to be followed in
16 connection with organizational and administrative matters
17 relating to--
18 "M the preparation and execution of budgets;
19 "(B) fiscal, cost, operating, and capital
20 property accounting;
21 "(C) progress and statistical reporting; and
22 "(D) internal audit;
23 "(4) establish and supervise t~e execution of
24 policies and procedures relating to the expenditure anc
25 collection of funds administered by the Department of
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1 Defense; and
2 "(5) establish uniform terminologies,
3 classifications, and procedures concerning matters
4 covered by clauses (1) through (4).".
5 SEC. 109. INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE
6 Chapter 4 is further amended by inserting after section
7 140 (as redesignated by section 104(7)) the following new
8 section:
9 "S 141. Inspector General of the Department of Defense
10 "(a) There is an Inspector General of the Department of
11 Defense, who shall be appointed as provided in section 3 of
12 the Inspector General Act of 1978 (Public Law 95-452; 5
13 ' U.S.C. App. 3).
14 "(b) The Inspector General of the Department of Defense
15 shall perform the duties, have the responsibilities, and
16 exercise the powers specified in the Inspector General Act of
17 1978 (Public Law 95-452; 5 U.S.C. App. 3).".
18 SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS
19 (a) Reorganization of Chapter 4.--(1) The table of
20 sections at the beginning of chapter 4 is amended to read as
21 follows:
"Sec.
"131. Executive department.
1132. Department of Defense: seal.
"133. Secretary of Defense: appointment; powers and duties;
delegation authority.
"134. Office of the Secretary of Defense.
'.135. Deputy Secretary of Defense: appointment; powers and
duties; precedence.
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"136. Under Secretaries of Defense: appcintment; powers and
duties; precedence.
"137. Assistant Secretaries of Defense: appointment; powers
and duties; precedence.
1.138. Comptroller of the Department of Defense.
"139. Director of Operational Test and Evaluation:
appointment; powers and duties.
"140. General Counsel: appointment; powers and duties.
"141. Inspector General of the Department of Defense.
" 142. Secretary of Defense: annual report on North Atlantic
Treaty organization readiness.
"143. Emergencies and extraordinary expenses.
'1144. Secretary of Defense: funds transfers for foreign
cryptologic support.
" 145. Prohibition of certain civilian personnel management
constraints.
"146. Secretary of Defense: authority to withhold from
public disclosure certain technical data.".
1 (2) Section 132 is amended by striking cut the section
2 heading and inserting in lieu thereof the following:
3 I'S 132. Department of Defense: seal".
4 (3) Except as provided in subsections (b) and (c), the
5 sections of cnapter 4 redesignated by section 104 and the
6 sections added to such chapter by sections 105, 108, and 109
7 shall appear in such chapter in the order of their numerical
8 designations.
9 (b) Relocation of Section.--(1) Section 2780, as
10 redesignated by section 104(2), is transferred to and made a
11 part of chapter 165, and is inserted immediately after
12 section 2779.
13 (2) The table of sections at the beginning of charter 16E
14 is amended ey adding at the end the following new item:
-2780. Sale or transfer of defense articles: report to
Congress.".
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1 (c) Creation of New Chapter.--(1) Part IV of subtitle A
2 is amended by adding after chapter 169 the following:
3 "CHAPTER 171--REQUIREMENT FOR AUTHORIZATION OF
4 APPROPRIATIONS; OVERSIGHT OF COST GROWTH IN MAJOR PROGRAMS
"Sec.
12871. Annual authorization of appropriations and personnel
strengths for the armed forces; annual manpower
requirements and operations and maintenance
reports.
12872. Weapons development and procurement schedules for
armed forces; reports; supplemental reports.
"2873. oversight of cost growth in major programs: Selected
Acquisition Reports.
12874. Oversight of cost growth of major programs: unit cost
reports.
112875. Major defense acquisition programs: Independent cost
estimates.".
5 (2) Sections 2871 thrcugh 2875, as redesignated by
6 section 104, are transferred to and made a part of chapter
7 171 (as added by subsection (c) of this section).
8 (3) The catchline of section 2872, as redesignated by
9 section 104(9), is amended to read as follows:
"2872. Weapons development and procurement schedules for
armed forces; reports; supplemental reports.".
10 (4) The tables of chapters at the beginning of subtitle A
11 and at the beginning of part IV of such subtitle are each
12 amended by inserting after the item relating to chapter 169
13 the following new item:
"171. Requirement for Authorization of
Aporopri3tions; Oversight of Cost
Growth in Xajor Programs. . . . . . . . . 2871.".
15 (1) ty striking out section 718; and
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1 (2) by striking out in the table of sections at the
2 beginning of such chapter the item relating to section
3 718.
4 SEC. 111. JOINT CHIEFS OF STAFF
5 (a) Composition; Functions; Chairman; Vice Chairman;
6 Joint Staff.--Chapter 5 is amended to read as follows:
7 "CHAPTER 5--JOINT CHIEFS OF STAFF
" Sec.
151. Composition; functions.
.`152. Chairman.
`1153. Vice Chairman.
"154. Joint Staff.
8 I IS 151. Composition; functions
9 "(a)(1) There are in the Department of Defense the Joint
13 Chiefs of Staff consisting of the following:
11 "M The Chairman.
12 1 *(B) The Vice Chairman.
13 *4(C) The Chief of Staff of the Army.
14 "(D) The Chief of Naval Operations.
15 "(E) The Chief of Staff of the Air Force.
16 ''(F) The Commandant of the marine Corps.
17 "(2) The President may assign to serve as members of the
18 Joint Chiefs of Staff only officers who have served in one or
19 more joint duty positions for a substantial period of time.
20 The President may waive such requirement in the case cf any
21 officer if the President determines such action is necessary
22 in the national interest.
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1 "(b) The Chairman of the Joint Chiefs of Staff is the
2 principal military adviser to the President, the National
3 Security Council, and the Secretary of Defense.
4 "(c) The members of the Joint Chiefs of Staff are
5 military advisers to the President, the National Security
6 Council, and the Secretary of Defense, as specified in this
7 section.
8 "(d) The Joint Chiefs of Staff, assisted by the Joint
9 Staff, constitute the immeciate military staff of the
10 Secretary of Defense.
11 "(e) In performing his duties, the Chairman shall--
12 "M convene regular meetings of the Joint Chiefs of
13 Staff;
14 "(2) unless impracticable, consult with and seek the
15 advice of, individually or collectively, the other
15 members of the Joint Chiefs of Staff; and
17 "M when appropriate, consult with and seek the
18 advice of the commanders of the unified and specified
19 combatant commands.
20 "(f) When the Chairman of the Joint Chiefs of Staff
21 provides advice to the Secretary of Defense, the National
22 Security Council, or the President, any other member of the
23 Joint Chiefs of Staff may submit advice or an opinion in
24 disagreement or advice or an opinion in addition to the
25 advice proviead by the Chairman. If such member submits such
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1 advice or opinion, the Chairman shall present the advice or
2 opinion of such member at the same time the Chairman presents
3 his own advice to the President, the National Security
4 Council, or the Secretary of Defense, as the case may be.
5 " (g) After first informing the Secretary of Defense, a
6 member of the Joint Chiefs of Staff may make such
7 recommendations to Congress relating to the Department of
8 Defense as he may consider appropriate.
9 '*(h) In addition to any advice or opinion submitted
10 under subsection (f) by members of the Joint Chiefs of Staff
11 other than the Chairman, such members, in their capacity as
12 military advisers, shall provide advice to the President, the
13 National Security Council, or the Secretary of Defense on a
14 particular matter when the President, the National Security
15 Council, or the Secretary requests such advice.
16 "'S 152. Chairman
17 "(a)(1) The Chairman of the Joint Chiefs of Staff shall
18 be appointed by the President, by and with the advice and
19 consent of the Senate, from the officers of the regular
20 components of the armed forces. He serves at the pleasure of
21 the President for a term of two years and, subject to
22 paragraph (3), may be reappointed in the same manner for two
23 additional terms. However, in time of war declared by
24 Congress there is no limit on the number of reappointments.
25 "(2) Notwithstanding paragraph (1), the term of 3
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2 accession to office of a new President. The requirement of
3 the preceding sentence does not apply in the case of a
4 Chairman appointed or reappointed during the first six months
5 of the term of a new President. As used in this paragraph,
6 the term 'new President' shall not include a President who Is
7 elected to a second consecutive term.
8 '' (3) An officer may not serve as chairman or Vice
9 Chairman of the Joint Chiefs of Staff if the total combined
10 period of service of such officer in both such positions
11 exceeds six years. The President may extend the combined
12 period of service for such officer to eight years if he
13 determines such action is necessary in the national interest.
14 The limitations of this paragraph'do not apply in time of war
15 declared by Congress.
16 "(b) In addition to his other duties as a member of the
17 Joint Chiefs of staff, the Chairman shall, subject to the
18 authority, direction, and ccntrol of the President and the
19 Secretary of Defense--
20 "M preside over the Joint Chiefs of Staff; and
21 "(2) provide agenda for the meetings of the Joint
22 Chiefs of Staff (including any subject for the agenda
23 recommended by the Joint Chiefs of Ctaff), assist them in
24 carrying on their business as promptly as practicable,
25 and determine when issues under ccnsidaration shall be
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1 decided.
2 "(c) The Chairman, while so serving, holds the grade of
3 general or, in the case of an officer of the Navy, admiral
4 and outranks all other officers of the armed forces. However,
5 he may not exercise military command over the Joint Chiefs of
6 Staff or any of the armed forces.
7 " (d) Subject to the authority, direction, and control of
8 the President and the Secretary of Defense, the Chairman of
9 the Joint Chiefs of staff shall--
10 "(1) prepare strategic plans to provide for the
11 strategic direction of the armed forces, including plans
12 which conform with resource levels projected by the
13 Secretary of Defense;
14 "(2) advise the Secretary on the extent to which the
15 program recommendations and budget proposals of the
16 military departments and other components of the
17 Department of Defense for each fiscal year conform with
18 the priorities established in strategic plans and the
19 operational requirements of the unified and specified
20 combatant commands;
21 " (3) advise the Secretary on the extent to :which the
22 major manpower programs and pclicies of the armed forces
23 conform with strategic plans;
24 "(4) provide for the preparation and review cf
25 contingency plans which conform to policy guidance from
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1 the President and the Secretary of Defense;
2 "(5) prepare joint logistic and mobility plans to
3 support the contingency plans and recommend the
4 assignment of logistic and mobility responsibilities to
5 the military departments in accordance with such logistic
6 and mobility plans;
7 "(6) advise the Secretary on critical deficiencies
8 and strengths in force capabilities, including manpower,
9 logistic, and mobility support, identified during the
10 preparation and review of contingency plans and assess
11 the effect of such deficiencies and strengths on meeting
12 national security objectives and policy and on strategic
13 plans;
14 "(7) assess joint military requirements for defense
15 acquisition programs, especially in the area of
16 communications, in order to enhance the ability of the
17 armed forces to operate jointly;
18 "(8) develop doctrine, for the approval of the
19 Secretary of Defense, for the joint employment of the
20 armed forces;
21 "(9) formulate policies, for the approval of the
22 Secretary of Defense, for the joint training of the armed
23 forces that enhance their ability to operate jointly;
24 "(10) formulate policies, for the approval of the
25 Secretary of Defense, for coordinating the military
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1 education and training of the armed forces, particularly
2 the education and training of cfficers who serve in point
3 duty positions;
4 " (11) provide for representation of the United
5 States on the Military Staff Committee of the United
6 Nations in accordance with the Charter of the United
7 Nations; and
8 " (12) perform such other duties as the President or
9 the Secretary of Defense may prescribe.
10 "(e)(1) Not less than once every three years, or upon
11 the request of the President, the Chairman shall submit a
12 report to the Secretary of Defense containing such
13 recommendations for changes in the function assignments of
14 the armed forces as the Chairman considers necessary to
15 ensure maximum effectiveness of the armed forces. In
16 preparing each report, the Chairman shall take into
17 consideration--
18 "(A) changes in the nature cf the threats faced by
19 the armed forces;
20 "(B) unnecessary duplication of effort among the
21 armed forces; and
22 "(C) changes in technology that can be applied
23 effectively to warfare.
24 `'(2) The Chairman shall also include in each such report
25 recommendations for such changes In policies, directives,
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1 regulations, and legislation as may be necessary to achieve
2 the changes in function assignments recommended by the
3 Chairman.
4 "S 153. Vice Chairman
5 *'(a)(11) There is a Vice Chairman of the Joint Chiefs of
6 Staff. The Vice Chairman shall be appointed by the President,
7 by and with the advice and consent of the Senate, from the
8 officers of the regular components of the armed forces.
9 "(2) The Chairman and Vice Chairman may not be members
10 of the same armed force. However, the Secretary of Defense
11 may waive the restriction in the Preceding sentence for a
12 limited period of time in order to effect the orderly
13 transition of officers appointed to serve in the positions of
14 Chairman and Vice Chairman.
15 "(3) The Vice Chairman serves at the pleasure of the
16 President for a term of two years and may be reappointed in
17 the same manner for two additional terms. However, in time of
13 war declared by Congress there is no limit on the number of
19 reappointments.
20 '*(b)(1) The Vice Chairman exercises such duties as may
21 be delegated by the Chairman with the approval of the
22 Secretary of Defense.
23 "(2) when there is a vacancy in the office of Chairman
2a or in the absence or disability of the Chairman, the Vice
25 Chairman, unless otherwise directed cy the Fresicent or
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1 Secretary of Defense, acts as Chairman and performs the
2 duties of the Chairman until a successor is appointed or the
3 absence or disability ceases.
4 "(c) The Vice Chairman may attend all meetings of the
5 Joint Chiefs of Staff but may not vote on a matter before the
6 Joint Chiefs of Staff except when acting as Chairman.
7 "(d) The Vice Chairman, while so serving, holds the
8 grade of general or, in the case of an officer of the Navy,
9 admiral and outranks all other officers of the armed forces
10 except the Chairman. The Vice Chairman may not exercise
11 military command over the Joint Chiefs of Staff or any of the
12 armed forces.
13 "S 154. Joint Staff
14 "(a)(1) There is in the Department of Defense a Joint
15 Staff under the Chairman of the Joint Chiefs of Staff.
16 Subject to the authority, direction, and control of the
17 Chairman, the Joint Staff shall assist the Chairman and the
18 other members of the Joint Chiefs of Staff in carrying out
19 their responsibilities.
20 "(2) The Joint Staff shall include officers selected by
21 the Chairman in approximately equal numbers from--
22 "(P.) th3 Army;
23 ''(2) the Navy and the Marine Cocos; and
24 "(C) the Alir Force.
25 " (3) Selection of officers of an armed force to serve or
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1 the Joint, Staff shall be made by the Chairman from a list of
2 officers submitted by the armed force. Each officer whose
3 name is submitted shall be among those officers considered to
4 be the most outstanding officers of that armed force. The
5 Chairman may specify the number of officers to be included or.
6 any such list.
7 "(4) The tenure of the members. of the Joint Staff is
3 subject to the approval of the Chairman of the Joint Chiefs
9 of Staff.
10 "(b) The Chairman of the Joint Chiefs of Staff, after
11 consultation with the other members of the Joint Chiefs of
12 Staff and with the approval of the Secretary of Defense, may
13 select a Director of the Joint Staff.
14 ""(c) The Chairman of the Joint Chiefs of Staff manages
15 the Joint Staff and the Director of the Joint Staff. The
15 Joint Staff shall perform such duties as the Chairman shall
17 prescribe and shall perform such duties under such procecures
18 as the Chairman shall prescribe.
19 "(d) The Joint Staff shall not operate cc be organized
20 as an overall Armed Forces General Staff and shall have no
21 executive authority. The Joint Staff may be organized and may
22 operate along conventional staff lines to support the
23 Chairman and the other members of the Joint Chief_ of Staff
24 in discharging their assigned res.-onsibilities.
25 " (e)(1) An officer wr.o is assigned or cetailec to cut;
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1 on the Joint Staff may not serve fcc a tour of duty of more
2 than four years. However, such tour of duty may be extended
3 with the approval of the Secretary of Defense.
4 ""(2) An officer completing a tour of duty with the Joint
5 Staff may not be assigned or detailed to duty on the Joint
6 Staff within two years after relief from that duty except
7 with the approval of the secretary.
8 "(3) This subsection does not apply in time of war
9 declared by Congress or in time of national emergency
10 declared by the President.
11 "(f)(1) The total number of civilian and military
12 personnel assigned or detailed to permanent duty on the Joint
13 Staff may not exceed 1,617. Such limitation does not apply in
14 time of war or during a national emergency declared by
15 Congress.
16 "(2)(A) For purposes of this section, the Joint Staff
17 includes all civilian and military personnel assigned or
18 detailed to permanent duty to assist the Chairman and vice
19 Chairman in carrying out their responsibilities and to assist
20 the other members of the Joint Chiefs of Staff in carrying
21 out their responsibilities specified in section 151 of this
22 title.
23 *'(B) The Joint Staff does not include civilian or
24 military personnel assigned or detailed to Ferman?nt duty in
25 a military depact:rent. ".
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1 (b) Conforming Amendments.--(1) The item relating to
2 chapter 5 in the tables of chapters at the beginning of
3 subtitle A and at the beginning of part I of such subtitle
4 are each amended to read as follows:
" 5 . Joint Chiefs of Staff. . . . . . . . . . . 151".
5 (2) Section 525(b)(3) is amended by Inserting "or vice
6 Chairman" after "chairman".
7 (3) Section 743 is amended--
8 (A) by striking out "and" after '*Operations,";
9 (3) by inserting ", and the Commandant of the Marine
10 Corps" after "Air Force"; and
11 (C) by inserting "and the Vice Chairman" after
12 "'Chairman".
13 (c) Date for First Report.--The first report under
14 section 152(e) of title 10, United States Code (as added by
15 subsection (a) of this section), shall be submitted by the
16 Chairman of the Joint Chiefs of Staff not later than one year
17 after the date of the enactment of this Act.
18 (d) Effective Date.--The limitation crescribed in section.
19 154(f) of title 10, United States Code (as added by
20 subsection (a) of this section), shall be effective after
21 September 3e, 1988.
22 SEC. 112. CO'?BATANT COMMANDS
23 (a) In General.--Fart I of subtitle A is amencea by
24 inserting after chapter 5 the following new chapter:
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"Sec.
"161. Definitions.
"162. Combatant commands: establishment; composition;
functions.
"163. Operational chain of command.
''164. Commanders of combatant commands: assignment; powers
and duties.
"165. Combatant commands: administration and support.
2 "S 161. Definitions
3 *'In this chapter:
4 11(1) 'Unified combatant command' means a command
5 which has broad, continuing missions and which is
6 composed of combatant forces from two or more military
7 departments.
8 "(2) 'Specified combatant command' means a command
9 which has broad, continuing missions and which is
10 composed of combatant forces from a single military
11 department.
12 "(3) 'Combatant command' means a unified combatant
13 command or a specified combatant command.
14 "(4) 'Combatant forces' means those forces of the
15 armed forces whose primary mission is to engage in
16 combat.
17 "S 162. Combatant commancs: establishment; composition;
18 functions
19 "(a) with the advice and assistance of the Chairmian of
20 the Joint Chiefs of Staff, the President, through the
21 Secretary of Defense, shall-
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1 "(1) establish unified combatant commands and
2 specified combatant commands to perform military
3 missions;
4 "(2) prescribe the force structure of those
5 commands;
6 "(3) review periodically, but not less often than
7 every two years, the missions, tasks, responsibilities
8 (including geographic boundaries), and force structure cf
9 each combatant command and revise such missions, tasks,
10 responsibilities, and force structures as may be
11 necessary to respond to changing conditions; and
12 '(4) notify Congress, except during time of
13 hostilities or imminent threat of hostilities, at least
14 60 days before (A) establishing a new combatant command,
15 or (3) significantly revising the missions, tasks,
16 responsibilities, or force structure of an existing
17 combatant command.
1s "(b)(1) Unless otherwise directed by the Secretary of
19 Defense, all combatant forces of the military departments
20 shall be assigned to combatant commands, established under
21 this section, to perform the missions of those commands.
22 "(2) Consistent with the force structure prescribed by
23 the President for each combatant command, the Secretary of
24 each military department, with the approval of the Secretary
25 of Defense, shall assign combatant forces of his department
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1 to combatant commands.
2 "(3) A combatant force so assigned may be transferred
3 from the command to which it is assigned only by authority of
4 the Secretary of Defense and only under procedures prescribed
5 by the Secretary and approved by the President.
6 ""(c) Combatant commands established under this section
7 are responsible to the President and to the Secretary of
3 Defense for the performance of such military missions as may
9 be assigned to such commands by the Secretary of Defense with
10 the approval of the President.
11 "S 163. Operational chain of command
12 "(a) Unless otherwise directed by the President, the
13 chain of command for the operational direction of the
14 combatant commands runs from the President to the Secretary
15 of Defense to the commanders of the unified and specified
16 combatant commands.
17 **(b) Subject to the limitations of section 152(c) of
18 this title, the President or the Secretary of Defense may
19 direct the channel of command communications to run from the
20 Secretary of Defense to the commanders of the unified and
21 specified combatant commands through the chairman of the
22 Joint Chiefs of Staff.
23 `.(c) Unless otherwise directed by the President or the
24 Secretary of Defense, the ccmimander of a combatant command
25 shall prescribe the chain of command to, and the
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1 organizational relationship among, the commands and forces
2 within that command.
3 "(d)(1) As a means of providing for more effective
4 control and coordination of the combatant commands, the
5 Secretary of Defense may assign responsibility to the
6 Chairman of the Joint Chiefs of Staff for overseeing the
7 activities of the combatant commands. Such assignment by the
8 Secretary to the Chairman does not confer any command
9 authority on the Chairman and does not alter the
10 responsibility of the combatant commanders prescribed in
11 section 164(b) of this title.
12 "(2) Subject to the authority, direction, and control of
13 the Secretary of Defense, the Chairman of the Joint Chiefs of
14 Staff serves as the spokesman in the executive part of the
15 Department of Defense for the commanders of the combatant
16 commands on operational requirements. In performing such
17 responsibility, the Chairman shall--
18 **(A) confer with and obtain information from the
19 commanders of the combatant commands about the
20 operational requirements of their commands;
21 " (B) evaluate and integrate such information;
22 "(C) advise and make recommendations to the
23 Secretary of Defense about the operational requirements
24 of the combatant command's, individually and collectively;
25 ana
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1 "(D) perform such other activities as may be
2 required to communicate clearly the operational
3 requirements of the combatant commands.
4 "S 164. Commanders of combatant commands: assignment; powers
5 and duties
6 "(a) The President may assign to serve as commanders of
7 unified combatant commands only officers who have served in
8 one or more joint duty positions for a substantial period of
9 time. The President may waive the requirement of the
10 preceding sentence in the case of any officer if the
11 President determines such action is necessary in the national
12 Interest.
13 "(b) Each commander of a combatant command performs his
14 duties under the authority, direction, and control of the
15 Secretary of Defense and is directly responsible to the
16 Secretary for the performance of his command and its
17 preparedness to execute assigned missions.
18 "(c) Each commander of a combatant command shall--
19 "M maintain the security of his command and
2:3 protect the United States, its possessions, and bases
21 against attack or hostile incursion;
22 "(2) carry out assigned missions, tasks, and
23 responsibilities; and
24 "(3) assign tasks to, and direct ccordination among,
25 his subordinate commanders so as to ensure unity of
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1 effort in the accomplishment of the missions assigned to
2 his command.
3 "(d) Forces assigned to combatant commands are under the
4 full operational command of the commander of the combatant
5 command to which they are assigned. Full operational command
6 includes--
7 "M all aspects of military operations and joint
8 training; and
9 ""(2) authority as assigned by the Secretary of
13 Defense, after consultation with the Secretaries of the
11 military departments and the combatant commander, for
12 coordination and approval of those aspects of
13 administration and support, including planning for
14 wartime logistics, necessary for the accomplishment of
15 the missions assigned to the command.
16 "(e)(1) Commanders of commands and forces assigned to a
17 combatant command are under the authority, direction, and
18 control of, and are responsible to, the commander of the
19 combatant command.
20 *1(2) The commander of a command or force referred to in
21 paragraph (1) shall communicate with other elements of the
22 Department of Defense on any matter for wnich the combatant
23 commander has been assigned full enerational command under
24 sucsection (d) in accordance with procedures, if any,
25 established by the commander of the combatant corr.mand.
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1 "(3) If directed by the combatant commander, the
2 commander of a command or force referred to in paragraph (1)
3 shall advise the combatant commander of all communications
4 with other elements of the Department of Defense on any
5 matter for which the combatant commander has not been
5 assigned full operational command under subsection (d).
7 "(f)(1) Selection of an officer of an armed force to
3 serve as commander of a command directly subordinated to the
9 commander of a combatant command may be made only with the
13 concurrence of the commander of the combatant command and
11 only in accorcance with orocedures established by the
12 Secretary of Defense.
13 " (2) The commander of a combatant command shall evaluate
14 the duty performance of each commander of a command directly
15 subordinated to the commander of such combatant command and
16 submit the evaluation to the Secretary of the military
17 department of which the commander being evaluated is a
19 member.
19 " (g)(1) Each unified combatant command shall have a
23 joint staff with officers in key positions of responsibility
21 from each military department having forces assigned to the
22 combatant command.
23 " (2) Selection of officers of an armed force to serve or
24 the joint staff of a unified combatant command in any grade
25 above lieutenant colonel or, in the case of an officer of the
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1 Navy, any grade above commander shall be made only with the
2 concurrence of the commander of such command and only In
3 accordance with procedures established by the secretary of
4 Defense.
5 "(h) In accordance with procedures establisned by the
6 Secretary of Defense, the commander of a combatant command
7 may suspend from duty and recommend the reassignment cf any
8 officer assigned to such combatant command.
9 "S 165. Combatant commands: administration and support
10 "(a) The Secretary of Defense, with the advice and
11 assistance of the Chairman of the Joint Chiefs of Staff,
12 shall provide for the administration and support of combatant
13 forces assigned to each combatant command.
14 "(b) Subject to the authority, direction, and control of
15 the Secretary of Defense and consistent with the full
16 operational command vested in combatant commanders by section
17 164(d) of this title, the Secretary of a military department
18 is responsible for the administration and support of forces
19 assigned by him to a combatant command.
20 "(c) After consultation with the Secretary of each
21 military department, the secretary of Defanse may also assign
22 the responsibility or any pact cf the responsibility for the
23, administration and suc?crt of comcatant forces assigned to
24 the combatant commands to oth&r components cf the Department
25 of refense. A component assicrea 3ucn a rasFonsibility shell
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1 discharge that responsibility under the authority, direction,
2 and control of the Secretary of Defense and consistent with
3 the full operational command vested in combatant commanders
4 by section 164(d) of this title.".
5 (b) Conforming Amendments.--(1) The tables of chapters at
6 the beginning of subtitle A and at the beginning of cart I of
7 such subtitle are each amended by Inserting after the item
8 relating to chapter 5 the following new item:
6. Combatant Commands. . . . . . . . . . . . . 161".
9 (2) Section 124 is repealed.
10 (3) The table of sections at the beginning of chapter 3
11 is amended by striking out the item relating to secticn 124.
12 SEC. 113. REPEAL OF PROHIBITION AGAINST CONSOLIDATING
13 FUNCTIONS OF THE MILITARY TRANSPORTATION
14 COHMANDS
15 Section 1110 of the Department of Defense Authorization
16 Act, 1983 (Public Law 97-252; 96 Stat. 747), is repealed.
17 SEC. 114. REPEAL OF PROHIBITION AGAINST ALTERING THE COMMAND
18 STRUCTURE FOR MILITARY FORCES IN ALASKA
19 Section 8106 of the Department of Defense Appropriations
20 Act, 1986, as contained in section 101(b) of the Joint
21 Resolution entitled ''Joint Resolution braking further
22 continuing appropriations for fiscal year 1986, and for other
23 purposes", approved 3ece,ber 19, 1985 (Public Law 99-190; 99
24 Stat. 1221), Is repealed.
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1 SEC. 115. POSITIONS OF IMPORTANCE AND RESPONSIEILITY
2 Section 601 is amended by adding at the end thereof the
3 following new subsections:
4 "(d) When an officer is recommended to the President for
5 an Initial appointment to the grade of lieutenant general or
6 vice admiral, or for an initial appointment to the grade of
7 general or admiral, the Chairman of the Joint Chiefs of Staff
8 shall submit to the President the evaluation of the Chairman
9 of the performance of that officer as a member of the Joint
10 Staff and in other joint duty positions. The Chairman shall
11 submit the evaluation to the President at the same time the
12 recommendation for the appointment Is submitted to the
13 President.
14 1 *(e) Each time a vacancy occurs in a military office or
15 position within the Department of Defense that the President
16 has designated as a position of importance and responsibility
17 to carry the grade of general or admiral or lieutenant
18 general or vice admiral, the Secretary of Defense shall
19 inform the President of the qualifications needed by an
20 appointee to carry out effectively the duties and
21 responsibilities of that office or position.".
22 SEC. 115. SERVICE OF OFFICERS IN JOINT DUTY POSITIONS
23 (a) In General.--Section 646 is amended to read as
24 follows:
25 " ! 646. S=rvica of officers in joint duty Positions
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1 "(a) The Secretary of Defense, after consultation with
2 the Chairman of the Joint Chiefs of Staff and the Secretary
3 of each military department, shall ensure that the personnel
4 practices, policies, and procedures of the Army, Navy, Air
5 Force, and Marine Corps enhance the abilities of those
6 officers assigned to joint duty positions to perform
7 effectively the duties of such positions.
8 "(b) In carrying out subsection (a), the Secretary of
9 Defense shall ensure that--
10 "M officers are well prepared to assume joint duty
11 positions as the result of previous experience
12 (including, as appropriate, previous duty in joint duty
13 positions), formal education, and training;
14 "(2) continuity is attained and preserved in joint
15 organizations through appropriate periods of service by
16 officers serving in joint organizations;
17 ''(3) the promotion, retention, and assignment
18 policies of the Army, Navy, Air Ferce, and 1arine Corps
19 provide sufficient incentives for officers to seek joint
20 duty assignments;
21 `?(4) the curricula of joint military colleges and
22 schools are oriented to preparing officers for joint duty
23 assignments;
24 "(5) a substantial p=rcent3ce of the graduates of
25 joint military colleges and scncols are assicr.ed to joint
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1
duty positions soon after they complete their courses of
2
study; and
3
"(6) the curricula of the military colleges and
4
schools of the Army, Navy, Air Force, and Marine Corps
5
give appropriate emphasis to instruction in joint
6
military matters.".
7
(b) Conforming Amendment.--The table of sections at the
8
beginning of subchapter V of chapter 36 is amendea by
9
striking out the item relating to section 646 and inserting
13
in lieu thereof the following:
646. Service of officers in joint duty positions.".
11
SEC. 117. DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD
12
ACTIVITIES
13
(a) In General.--Chapter 8 is amended--
14
(1) by redesignating section 191 as section 195;
15
(2) by striking out the table of sections at the
16
beginning of such chapter and Inserting in lieu thereof
17
the following:
"Subchapter Sec.
I. Common Supply and Service Activities. . . . .
191
II. Defense Intelligence Agency . . . . . . . . .
195
18
"SUBCHAPTER I--COMMON SUPPLY AND SERVICE ACTIVITIES
"Sec
"191. Common supply and service activities.
19
`.; 191. Commcn supply and service activities
20
-(a) In any case in which the Secretary of Defense
21
determines such action would be more effective, economical,
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1 or efficient, he may provide for the performance of a supply
2 or service activity which is common to more than one military
3 department by a single agency of the Department cf Defense.
4 "(b) The Secretary of Defense shall assign
5 responsibility for the overall suDervision of each supply or
6 service agency referred to in subsection (a) to the pep uty
7 Secretary of Defense, an Under Secretary of Defense, an
8 Assistant Secretary of Defense, the Comptroller of the
9 Department of Defense, the General Counsel of the Department
10 of Defense, or the Chairman of the Joint Chiefs of Staff. In
11 discharging such responsibility, an official assigned. such a
12 responsibility shall advise the Secretary of Defense on the
13 extent to which the program recommendations and budget
14 proposals of such supply or service agency conform with the
15 material requirements of the military departments and the
16 operational requirements of the unified and specified
17 combatant commands. This subsection shall not apply to the
18 Defense Intelligence Agency and the National Security Agency.
19 "(c) The Secretary of Defense shall establish procedures
20 to ensure the full and effective review of the program
21 recommendations and budget proposals of each such supply or
22 service agency.
23 "(d)(1) The Chairman of the Joint Chiefs of Staff shall
24 be responsible for advising the Secretary of Defense on the
25 preparedness of each sucn supply or service agency which has
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1 wartime support responsibilities to perform those
2 responsibilities. As part of such advice, the Chairman shall
3 assess the adequacy of the contingency plans, participation
4 in joint exercises, and readiness reporting systems of each
5 such supply or service agency.
6 ""(2) The Secretary of Defense and the Director of
7 Central Intelligence shall jointly develop and implement, as
8 they may determine to be necessary, policies and programs to
9 correct such deficiencies as the Chairman of the Joint Chiefs
10 of Staff may identify in the wartime support capabilities of
11 the Defense Intelligence Agency and the National Security
12 Agency.
13 'k(e) The Secretary of Defense shall periodically assess
14 the continuing need for each such supply or service agency.
15 In making such assessment, the Secretary shall also examine
16 the division of responsibilities between such supply or
17 service agency and other components of the Department of
18 Defense.
19 "SUBCHAPTER II--DEFENSE INTELLIGENCE AGENCY
"Sec.
"195. Unauthorized use of Defense. Intelligence Agency name,
initials, or seal. " ; and
20 (3) by striking out the chapter heading and inserting
21 in lieu thereof the following:
22 "CHAPTER 2--DEFENSE AGENCIE`' AND. DEPARTMENT OF DEFFNSE FIELD
23 ACTIVITIES".
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1 (b) Conforming Amendment.--The tables of chapters at the
2 beginning of subtitle A and at the beginning of part I of
3 such subtitle are each amended by striking out the item
4 relating to chapter 8 and inserting in lieu thereof the
5 following:
8. Defense Agencies and Department of Defense
Field Activities . . . . . . . . . . .. . . . 191 ''.
5 SEC. 118. REDUCTION IN PERSONNEL ASSIGNED TO DEFENSE AGENCIES
7 AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES
8 (a) Management Headquarters Activities and Management
9 Headquarters Support Activities.--Not later than September
10 30, 1988, the Secretary of Defense shall reduce the total
11 number of military and civilian personnel assigner to duty in
12 the management headquarters activitias or management
13 headquarters support activities in the Defense Agencies and
14 Department of Defense Field Activities by a number that is at
15 least 15 percent below the total number of personnel
16 performing such activities on September 30, 1985. The number
17 of personnel reduced under this subsection in excess of the
13 reduction required by this subsection may be included in the
19 number required to be reduced by subsection (b).
20 (b) Other Activities.--:loot later than September 3D, 1988,
21 the Secretary of Defense shall reduce the total number cf
22 military and civilian Personnel assigned to duty in the
23 Defense Agencies and Department of Defense Field Activities,
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1 other than personnel assigned to management headquarters
2 activities or management headquarters support activities, by
3 a number that is at least 10 percent below the total number
4 of personnel performing such activities on September 30,
5 1985.
6 (c) Prohibition Against Certain Actions To Achieve
7 Reductions.--The reductions required by subsections (a) and
8 (b) may not be accomplished by recategorizing or redefining
9 duties, functions, offices, or organizations.
10 (d) Allocations To Be Made by Secretary of Defense.--(1)
11 The Secretary of Defense shall allocate the reductions
12 required by subsections (a) and (b) in a manner consistent
13 with the efficient operation of the Department of Defense.
14 (2) The Secretary shall also consolidate and eliminate
15 unnecessary management headquarters activities and management
16 headquarters support activities.
17 (e) Reduction Not Applicable to National Security
18 Agency.--The reductions required by this section do nct apply
19 to the National Security Agency.
20 (f) Prohibition on Future Increases.--After September 30,
21 1988, the number of civilian and military personnel assigned
22 to perform activities aescribed in subsections (a) anc (b)
23 may not be increased above the number of such personnel
24 assigned to perform such activities on September 30, 1988.
25 The limitation provided in this subsection shall not apply in
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1 time of war or during a national emergency declared by
2 Congress.
3 (g) Definitions.--For purposes of this section, the term
4 "management headquarters activities" and "management
5 headquarters support activities" have the same meanings as
6 prescribed for such terms in Department of Defense Directive
7 5100.73 entitled "Department of Defense Management
8 Headquarters and Headquarters Support Activities" dated
9 January 7, 1985.
10 SEC. 119. ADDITIONAL CONFOFEING AMENDMENTS
11 (a) Amendments to Title 10, United States Code.--(1)
12 Section 139(a)(2)(P) (as redesignated by section 104(6) of
13 this Act) is amended by striking out "section 139a(a)(1) "
14 and Inserting in lieu thereof "section 2873(a)(1) ".
15 (2) Paragraphs (1) and (2) of section 2403(e) are each
16 amended by striking out "section 139a" and inserting in
17 lieu thereof "section 2873".
18 (3) Section 2872 (as redesignated by section 104(9) of
19 this Act) is amended by striking out "section 138(a) " in
20 subsection (a) and inserting in lieu thereof "section
21 2871(a) ".
22 (4) Section 2673(c) (as redesignated by section 104(10)
23 of this Act) is amended by striking out "section 139" in
24 subsection (c)(1). and inserting in lieu tnereof "section
25 2872".
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1 (5) Section 2874 (as redesignated by section 104(11) of
2 this Act) is amended--
3 (A) in subsection (a)(1), by striking out "section
4 139a(a) " and inserting in lieu thereof "secticn
5 2873(a) "; and
6 (3) in subsection (b), by striking out "section
7 139a(b)(3) and inserting in lieu thereof "section
8 2873(b)(3) ".
9 (6) Section 2875(b)(1) (as redesignated by section
10 164(12) of this Act) is amended by striking out "section
11 139a(a)(1) " and inserting in lieu thereof "section
12 2873(a)(1) ".
13 (7) Section 8062(e) is amended by striking out "secticn
14 138" and inserting in lieu thereof "section 2871".
15 (b) Amendments to Arms Export Control Act.--(1) Section
16 51(c)(1) of the Arms Export Control Act (22 U.S.C.
17 2795(c)(1)) is amended by striking out "section 138(g) " and
13 inserting in lieu thereof "section 2871(g) ".
19 (2) Section 53(b) of the Arms Export Control Act (22
20 U.S.C. 2795b(b)) is amended by striking out "section
21 139(a) " and inserting in lieu thereof "section 2872(a) ".
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March 26, 1986
(DRAFT OF REORGANIZATION OF THE
MILITARY DEPARTMENTS]
1 TITLE II--ARMY
2 SEC. 201. DEPARTMENT OF THE ARMY
3 (a) In General.--(1) Chapter 303 is amended by
4 redesignating section 3015 as section 3041, transferring such
5 section (as redesignated) to chapter 305, and inserting such
6 section immediately after section 3040.
7 (2) Such chapter is further amended by striking cut
8 sections 3012, 3013, 3014, and 3016 and Inserting in lieu
9 thereof the following:
10 "S 3013. Secretary of the Army: appointment; powers and
11 duties; delegation authority
12 "(a) There is a Secretary of the Army appointed from
13 civilian life by the President, by and with the advice and
14 consent of the Senate. The Secretary is the head of the
15 Department of the Army. A person may not be appointed as
16 Secretary of the Army within five years after relief from
17 active duty as a commissioned officer of a regular component
18 of an armed force.
19 " (b) Subject to the authority, direction, and control of
20 the Secretary of Defense, the Secretary of the Army is
21 responsible for and has the authority necessary for the
22 following matters with respect to the Army:
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1 "(1) Recruiting.
2 "(2) Organizing.
3 ''(3) Supplying.
4 "(4) Equipping (including research and development).
5 "(5) Training.
6 "(6) Servicing.
7 "(7) mobilizing.
8 44(8) Demobilizing.
9 "(9) Administering.
10 "(10) Maintaining.
11 "(11) The construction, maintenance, and repair of
12 buildings, structures, and utilities and the acquisition
13 of real property and interests therein necessary to carry
14 out the responsibilities specified in clauses (1) through
15 (10).
16 "(c) Subject to the authority, direction, and control of
17 the Secretary of Defense, the Secretary of the Army is also
18 responsible to the Secretary of Defense for--
19 "(1) the functioning and efficiency of the
23 Department of the Army;
21 "(2) the formulation of policies and pro;rams by the
22 Department of the Arrr!y that are fully consistent with
23 national security ob3ectives and policies establishes ty
24 the Presijent or the secretary of Defense;
25 "(3) the effective and timely implementation of
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3
1 policy, program, and budget decisions and instructions of
2 the President or the Secretary of Defense relating to the
3 functions of the Department of the Army;
4 "(4) carrying out the functions of the Lepartment of
5 the Army so as to fulfill (to the maximum extent
6 practicable) the current and future operational
7 requirements of the unified and specified combatant
8 commands;
9 "(5) effective cooperation and coordination between
10 the Department of the Army and the other military
11 departments and agencies of the Department of Defense to
12 provide for more effective, efficient, and economical
13 administration and to eliminate duplication;
14 "(6) the presentation and justification of the
15 positions of the Department of the Army on the plans,
16 programs, and policies of the Department of Defense; and
17 "(7) the effective supervision and control of the
18 intelligence activities of the Department of the Army.
19 "'(d) The Secretary of the Army is also responsible for
23 such other activities as may be prescribed by law, the
21 President, or the Secretary of Defense.
22 "(e) After first informing the Secretary of Defense, the
23 Secretary of the Army may make such recommendations to
24 Congress relating to the Department of Defense as he
25 considers appropriate.
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1 "(f) The Secretary of the Army may assign such of his
2 functions, powers, and duties as he considers appropriate to
3 the Under Secretary of the Army and to the Assistant
4 Secretaries of the Army. Officers of the Army shall, as
5 directed by the Secretary, report on any matter to the
5 Secretary, the Under Secretary, or any Assistant Secretary.
7 11(g) The Secretary may assign, detail, and prescribe the
9 duties of members of the Army and civilian personnel of the
9 Department of the Army.
10 14(h) The Secretary may change the title of any officer
11 or activity of the Department of the Army not prescribed by
12 law.
13 "(1) The Secretary may prescribe regulations to carry
14 out his functions, powers, and duties under this title.
15 "S 3014. Office of the Secretary of the Army
16 "(a) There is in the Department of the Army an Office of
17 the Secretary of the Army to assist the Secretary in carrying
19 out his responsibilities.
19 "(b) The Office of the Secretary of the Army shall
20 consist of the following:
" (1) The Under Secretary of the Army.
"(2) The Assistant Secretaries of the Army.
" (3) The Inspector General of the Army.
"(4) The Army Reserve Forces Policy Committee.
"(5) Such other offices and cfficers as the
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5
1 Secretary of the Army may establish or designate.
2 " (c) The Secretary of the Army shall ensure that the
3 Office of the Secretary of the Army does not duplicate
4 specific functions for which the Secretary has assigned
5 responsibility to the Army Staff.
6 "(d) The total number of military and civilian personnel
7 assigned or detailed to permanent duty in the Office of the
8 Secretary of the Army may not exceed 313. However, such
9 limitation does not apply in time of war or during a national
10 emergency declared by Congress.
11 "S 3015. Under Secretary of the Army: appointment; powers
12 and duties
13 "(a) There is an Under Secretary of the Army appointed
14 from civilian life by the President, by and with the advice
15 and consent of the Senate.
15 "(b) The Under Secretary shall perform such duties and
17 exercise such powers as the Secretary of the Army may
18 prescribe.
19 "S 3016. Assistant Secretaries of the Army: appointment;
20 powers and duties
21 "(a) There are five Assistant Secretaries of the Army in
22 the Department of the 4rTy. They =hall be appointed from
23 civilian life by the President, by and with the advice and
24 consent of the Senate.
25 "(b)(1) The Assistant =ecre;.aries shall perform such
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6
1 duties and exercise such powers as the Secretary of the Army
2 may prescribe.
3 "(2) One of the Assistant Secretaries shall be the
4 Assistant Secretary of the Army for Manpower and Reserve
5 Affairs. He shall have as his principal duty the overall
6 supervision of manpower and reserve component affairs of the
7 Department of the Army.
8 "(3) One of the Assistant Secretaries shall be the
9 Assistant Secretary of the Army for Civil Works. He shall
10 have as his principal duty the overall supervision of the
11 functions of the Department of the Army relating to programs
12 for conservation and development of the national water
13 resources including flood control, navigation, shore
14 protection, and related purposes.".
15 (3) Chapter 303 is further amended by striking out
16 section 3019.
17 (4) Chapter 303 is further amended by inserting after
18 section 3017 the following new section:
19 "S 3018. Inspector General of the Army: detail; duties
20 " (a) There is in-the Office of the Secretary of the Army
21 an Inspector General of the Army who shall be detailed to
22 such position by the Secretary of the Army from general
23 officers of the Army. An officer may not be detailed to such
24 position for a tour of duty of not more tnan four years,
25 except that the Secretary may extend such a tour of duty if
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7
1 he makes a special finding that the extensicn is necessary ir.
2 the public interest.
3 "(b) The Inspector General, when directed, shall inquire
4 into and report upon any matter that affects the discipline,
5 efficiency, or economy of the Department of the Army. He
6 shall make such inspections, Investigations, and reports as
7 the Secretary of the Army or the Chief of Staff of the Army
8 directs.
9 '*(c) The Inspector General shall periodically propose
10 programs of inspections to the Secretary of the Army and
11 snail recommend additional inspections and investigations as
12 may appear apprcpriate.
13 "(d) The Inspector General shall have such deputies and
14 assistants as the Secretary of the Army may prescribe. Each
15 such deputy and assistant shall be an officer detailed by the
16 Secretary to that position from the officers of the Army for
17 a tour of duty of not more than four years, under a procedure
18 prescribed by the Secretary.".
19 (5)(A) Section 3033 is redesignated as section 3019, is
20 transferred to and made a part of chapter 303, and is
21 inserted immediately after section 3018.
22 (B) Section 3019 (as redesignated by subparagraph (A)) Is
23 amended--
24 (1) in subsection (a)--
25 (1) by striking cut " cffice " and inserting in
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8
1 lieu thereof "Office";
2 (II) by inserting "and the mobilization
3 preparedness" after "reserve components"; and
4 (III) by striking out "Chief of Staff and the
5 Assistant Secretary responsible for reserve affairs"
6 and Inserting in lieu thereof "Secretary of the Army
7 and the Chief of Staff"; and
8 (ii) in the section heading, by striking out the
9 semicolon and Inserting in lieu thereof a colon.
10 (b) Conforming Amendments.--(1) Such chapter is further
11 amended by redesignating sections 3010 and 3011 as sections
12 3011 and 3012, respectively.
13 (2) The table of sections at the beginning of such
14 chapter is amended to read as follows:
Sec.
"3011. Organization.
"3012. Department of the Army: seal.
" 3013. Secretary of the Army: appointment; powers and
duties; delegation authority.
3014. Office of the Secretary of the Army.
3015. Under Secretary of the Army: appointment; powers and
duties.
"3016. Assistant Secretaries of the Army: appointment;
powers and duties.
"3017. Secretary of the Army: successors to duties.
3018. Inspector General of the Army: detail; duties.
"3019. Reserve components of Army: policies and regulations
for government of.".
15 (3) Section 175(d) is amended by striking out ''3j33''
16 and `0033" and inserting in lieu thereof *%3019" and
17 "8019", respectively.
18 (c) Effective Date.--The limitation provided for in
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9
1 section 3014(d) of title 10, United States Code (as amended
2 by subsection (a)(2) of this section), shall be effective
3 after September 30, 1988.
4 SEC. 202. THE ARMY STAFF
5 (a) Composition of the Army Staff.--Section 3031 is
6 amended to read as follows:
7 **S 3031. The Army Staff: composition; assignment and detail
8 of members of Army and civilians
9 ""(a) There is in the executive part of the Department of
10 the Army an Army Staff to assist the Secretary of the Army in
11 carrying out his responsiollities.
12 **(b) The Army Staff shall consist of the following:
13 "M The Chief of Staff.
14 "(2) The Vice Chief of Staff.
15 "(3) Not more than four Deputy Chiefs of Staff, as
16 prescribed by the Secretary of the Army.
17 "(4) Not more than three Assistant Chiefs of Staff,
18 as prescribed by the Secretary.
19 "(5) The Chief of Engineers.
20 "(6) The Surgeon General of the Army.
21 "(7) The Judge Advocate General of the Army.
22 "(8) The Chief of Chaplains of the Army.
23 "(9) The Chief of Army Reserve.
24 "(10) Prcvost Marshal General.
25 "(11) other members of the Army assigned or detailed
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10
1 to the Army Staff.
2 "'(12) Civilians in the Department of the Army
3 assigned or detailed to the Army Staff.
4 "(c) Except as otherwise specifically prescribed by law,
5 the Army staff shall be organized in such manner, and its
6 members shall perform such duties and have such titles, as
7 the Secretary may prescribe. A part of the Army Staff may be
8 designated as the Army General Staff.
9 "(d)(1) The total number of military and civilian
10 personnel assigned or detailed to permanent duty to the Army
11 Staff may not exceed 2,729. Such limitation does not apply in
12 time of war or during a national emergency declared by
13 Congress.
14 "(2) Not more than 1,825 officers of the Army may be
15 assigned or detailed to permanent duty in the office of the
15 Secretary of the Army and the Army Staff. Of such number, not
17 more than 1,000 may be detailed or assigned to duty on or
18 with the Army General Staff. However, such limitations do not
19 apply in time of war or auring a national emergency declared
23 by Congress, or whenever the President finds that it is in
21 the national interest to increase the number of officers in
22 the Office of the Secretary of the Army and the Army Staff or
23 on or with the Army General Staff. " .
24 (b) The Army Staff; General Duties.--Section 3032 is
25 amended--
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1 (1) in subsection (a), by inserting before the period
2 I t , and the Chief of Staff of the Army";
3 (2) in subsection (b)--
4 (A) by striking out "direction and control of
5 the Secretary" in the matter preceding clause (1)
6 and inserting in lieu thereof "authority, direction,
7 and control of the Secretary of the Army";
8 (B) by striking out ", training, serving,
9 mobilizing, and demobilizing" in clause (1) and
10 inserting in lieu thereof "(including research and
11 development), training, servicing, mobilizing,
12 demobilizing, administering, and maintaining"; and
13 (C) by striking out "for military operations"
14 in clause (2) and inserting in lieu thereof " to
15 support military operations by combatant commands";
16 and
17 (3) by striking out the section heading and inserting
18 in lieu thereof the following:
19 "S 3032. The Army Staff: general duties".
20 (c) Chief of Staff.--Section 3034 is redesignated as
21 section 3033 and (as redesignated) is amended--
22 (1) in subsection (a)--
23 (A) by striking out "The Chief of Staff shall
24 be" and inserting in lieu thereof "There Is a Chief
25 of Staff of the Army"; and
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1 (B) by striking out "national emergency,
2 declared by the Congress after December 31, 1966"
3 and inserting in lieu thereof "during a national
4 emergency declared by Congress";
5 (2) by striking out subsections (c) and (d) and
6 inserting in lieu thereof the following:
7 "(c) Except as otherwise prescribed by law and subject
8 to section 3013(f) of this title, the Chief of Staff performs
9 his duties under the authority, direction, and control of the
10 Secretary of the Army and is directly responsible to the
11 Secretary.
12 "(d) Subject to the authority, direction, and control of
13 the Secretary of the Army, the Chief of Staff shall--
14 ??(1) preside over the Army Staff;
15 "(2) transmit the plans and recommendations of the
16 Army Staff to the Secretary and advise the Secretary with
17 regard to such plans and recommendations;
18 '1(3) after approval of the plans or recommendations
19 of the Army Staff by the Secretary, act as the agent of
20 the Secretary in carrying them into effect;
21 ??(4) exercise supervision, consistent with the full
22 operational command vested in unified or specifiea
23 combatant commanders under section 164 of this title,
24 over such of the members and organizations of the Army as
25 the Secretary of the Army determines;
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1 "(5) perform the duties prescribed for him by
2 section 171 of this title and other provisions of law;
3 "M keep the Secretary fully informed on matters
4 considered or acted upon by the Joint Chiefs of Staff;
5 and
6 "M perform such other military duties, not
7 otherwise assigned by law, as are assigned to him by the
8 President, the Secretary of Defense, or the Secretary of
9 the Army.
10 "(e) The Chief of Staff shall also perform the duties
11 prescribed for him as a member of the Joint Chiefs of Staff
12 under section 151 of this title. "; and
13 (3) by striking out the section heading and inserting
14 in lieu thereof the following:
15 "S 3033. Chief of Staff: appointment; term of office; powers
16 and duties".
17 (d) Vice Chief of Staff.--Section 3035 is redesignated as
18 section 3034 and (as redesignated) Is amended--
19 (1) by striking out subsections (a) and (b) and
20 inserting in lieu thereof the following:
21 "(a) There Is a Vice Chief of Staff of the Army
22 appointed by the President, by and with the advice and
23 consent of the Senate, from the general officers of the Army.
24 ''(b) The Vice Chief of Staff of the army, while so
25 serving, has the grade of general without vacating his
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1 regular or reserve grade.";
2 (2) by adding at the end the following new
3 subsection:
4 "(d) When there is a vacancy in the office of Chief of
5 Staff or during the absence or disability of the Chief of
6 Staff--
7 "M the Vice Chief of Staff shall perform the
8 duties of the Chief of Staff until a successor is
9 appointed or the absence or disability ceases; or
10 "(2) if there is a vacancy in the office of the Vice
11 Chief of Staff or the Vice Chief of Staff is absent or
12 disabled, unless the President directs otherwise, the
13 most senior officer of the Army in the Army Staff who is
14 not absent or disabled and who is not restricted in
15 performance of duty shall perform the duties of the Chief
16 of Staff until a successor to the Chief of Staff cr the
17 Vice Chief of Staff is appointed or until the absence or
18 disability of the Chief of Staff or Vice Chief of Staff
19 ceases, whichever occurs first."; and
20 (3) by striking out the section heading and inserting
21 in lieu thereof the following:
22 "S 3034. Vice Chief of Staff: appointment; powers and
23 duties; succession to duties of Chief of
24 Staff".
25 (e) Deputy Chiefs of Staff.--Chapter 305 Is further
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1 amended by inserting after section 3034 (as redesignated by
2 subsection (d)) the following new section:
3 "S 3035. Deputy Chiefs of Staff and Assistant Chiefs of
4 Staff: detail
5 "The Deputy Chiefs of Staff and the Assistant Chiefs of
6 Staff shall be general officers detailed to those
7 positions.".
8 (f) Relocation of Sections.--(1) Chapter 305 Is further
9 amended by inserting after section 3037 the following new
10 section:
11 ??S 3938. Office of Army Reserve: appointment of Chief
12 " (a) There is in the executive part of the Department of
13 the Army an office of the Army Reserve which is headed by a
14 chief who is the adviser to the Chief of staff on Army
15 Reserve matters.
16 "(b) The President, by and with the advice and consent
17 of the Senate, shall appoint the Chief of Army Reserve from
18 officers of the Army Reserve not on active duty, or on active
19 duty under section 265 of this title, who--
23 ??(1) have had at least 10 years of commissioned
21 service in the Army Reserve;
22 "(2) are in grade of brigadier general and above;
23 and
24 "M have been recommended by the Secretary of the
25 Army.
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1 "(c) The Chief of Army Reserve holds office for four
2 years but may be removed for cause at any time. He Is
3 eligible to succeed himself. If he holds a lower reserve
4 grade, he shall be appointed in the grade of major general
5 for service in the Army Reserve.".
6 (2) Section 3039 is amended to read as follows:
7 "S 3039. Provost Marshal General
8 " (a) There is a Provost Marshal General in the Army. The
9 Provost Marshal General shall perform the duties prescribed
10 by the Secretary of the Army, by the Chief of Staff, or by
11 law.
12 "(b) The position of Provost Marshal General shall be
13 filled by the detail of a general officer of the Army for a
14 tour of duty of not more than four years. However, the
15 Secretary may extend such a tour of duty if he makes a
16 special finding that the extension is necessary in the public
17 interest.".
18 (g) Conforming Amendment.--The table of sections at the
19 beginning of chapter 305 is amended to read as follows:
" Sec.
"3031. The Army Staff: composition; assignment and detail of
members of Army and civilians.
"3032. The Army Staff: general duties.
"3033. Chief of Staff: appointment; term of office; powers
and duties.
"3034. Vice Chief of Staff: appointment; powers and duties;
succession to duties of Chief of Staff.
"3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff:
detail.
113036. Chiefs of branches: appointment; duties.
113037. Judge Advocate General, Assistant Judge Advocate
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General, and general officers of Judge Advocate
General's Corps: appointment; duties.
3038. Office of Army Reserve: appointment of Chief.
'43039. Provost Marshal General.
'13040. Deputy and assistant chiefs of branches.
'13041. Chief of National Guard Bureau: appointment; acting
chief . ".
1 (h) Effective Date.--The limitations provided for in
2 section 3031(d) of title 10, United States Code (as amended
3 by subsection (a) of this section), shall be effective after
4 September 30, 1983.
5 SEC. 203. COMMANDS
6 Section 3074(a) is amended by inserting '*or the
7 Secretary of Defense" after "by law".
8 TITLE III--NAVY
9 SEC. 301. DEPARTMENT OF THE NAVY
10 (a) Organization.--(1) Chapter 503 is amended--
11 (A) in section 5011--
12 (1) by striking out the third and fourth
13 sentences; and
14 (ii) by striking out the section heading and
15 inserting in lieu thereof the following:
16 "S 5011. Organization";
17 (3) by striking out sections 5012 and 5013; and
18 (C) by Inserting after section 5011 the following new
19 sections:
20 "S 5012. Department of the Navy: seal
21 "The Secretary of the Navy shall have a seal for the
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1 Department of the Navy. The design of the seal must be
2 approved by the President. Judicial notice shall be taken of
3 the seal.
4 **S 5013. Secretary of the Navy: appointment; powers and
5 duties; delegation authority
6 "(a) There is a Secretary of the Navy appointed from
7 civilian life by the President, by and with the advice and
8 consent of the Senate. The Secretary is the head of the
9 Department of the Navy. A person may not be appointed as
10 Secretary of the Navy within five years after relief from
11 active duty as a commissioned officer of a regular component
12 of an armed force.
13 *1(b) Subject to the authority, direction, and control of
14 the Secretary of Defense, the Secretary of the Navy is
15 responsible for and nas the authority necessary for the
16 following matters with respect to the Navy and Marine Corps:
17 "M Recruiting.
18 "'(2) organizing.
19 " (3) Supplying.
20 "(4) Equipping (including research and development).
21 "(5) Training.
22 "(6) Servicing.
23 "(7) Mobilizing.
24 "(8) Demobilizing.
25 "(9) Administering.
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1 "(10) Maintaining.
2 "(11) The construction, maintenance, and repair of
3 buildings, structures, and utilities and the acquisition
4 of real property and interests therein necessary to carry
5 out the responsibilities specified in clauses (1) through
6 (10).
7 "(c) Subject to the authority, direction, and control of
8 the Secretary of Defense, the Secretary of the Navy is also
9 responsible to the Secretary of Defense for--
10 "M the functioning and efficiency of the
11 Department of the Navy;
12 "(2) the formulation of policies and programs by the
13 Department of the Navy that are fully consistent with
14 national security objectives and policies established by
15 the President or the Secretary of Defense;
16 "(3) the effective and timely implementation of
17 policy, program, and budget decisions and instructions of
18 the President or the Secretary of Defense relating to the
19 functions of the Department of the Navy;
20 " (4) carrying out the functions of the Department of
21 the Navy so as to fulfill (to the maximum extent
22 practicable) the current and future operational
23 requirements of the unified and specified combatant
24 commands;
25 "(5) effective cooperation and coordination between
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1 the Department of the Navy and the other military
2 departments and agencies of the Department of Defense tc
3 provide for more effective, efficient, and economical
4 administration and to eliminate duplication;
5 "(6) the presentation and justification of the
6 positions of the Department of the Navy on the plans,
7 programs, and policies of the Department of Defense; and
8 "(7) the effective supervision and control of the
9 intelligence activities of the Department of the Navy.
10 ""(d) The Secretary of the Navy is also responsible for
11 such other activities as may be prescribed by law, the
12 President, or the Secretary of Defense.
13 "(e) After first informing the Secretary of Defense, the
14 Secretary of the Navy may make such recommendations to
15 Congress relating to the Department of Defense as he
16 considers appropriate.
17 "(f) The Secretary of the Navy may assign such of his
18 functions, powers, and duties as he considers appropriate to
19 the Under Secretary of the Navy and to the Assistant
20 Secretaries of the Navy. officers of the Navy and the Marine
21 Corps shall, as directed by the Secretary, report on any
22 matter to the Secretary, the Under Secretary, or any
23 Assistant Secretary.
24 " (g) The Secretary may assign, detail, and prescribe the
25 duties of members of the Navy and ":arine Corps and civilian
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1 personnel of the Department of the Navy.
2 "(h) The Secretary may change the title of any office.
3 or activity of the Department of the Navy not prescribed by
4 law.
5 "(1) The Secretary may prescribe regulations to carry
6 out his functions, powers, and duties under this title.
7 "S 5013a. Secretary of the Navy: powers with respect to
8 Coast Guard
9 "(a) Whenever the Coast Guard operates as a service in
10 the Navy under section 3 of title 14, the Secretary of the
11 Navy has the same powers and duties with respect to the Coast
12 Guard as the Secretary of Transportation has when the Ccast
13 Guard is not so operating.
14 " (b) While operating as a service in the Navy, the Coast
15 Guard is subject to the orders of the Secretary of the Navy,
16 who may order changes in Coast Guard operations to make them
17 uniform, to the extent he considers advisable, with Navy
18 operations.
19 "S 5014. Office of the Secretary of the Navy
20 "(a) There is in the Department of the Navy an office of
21 the Secretary of the Navy to assist the Secretary in carrying
22 out his responsibilities.
23 11(b) The Office of the Secretary of the Navy shall
24 consist of the following:
25 "(1) The Under Secretary of the navy.
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1 "(2) The Assistant Secretaries of the Navy.
2 "(3) The Naval Inspector General.
3 "(4) The Chief of Naval Research.
4 "(5) Such other offices and officers as the
5 Secretary of the Navy may establish or designate.
6 " (c) The Secretary of the Navy shall ensure that the
7 Office of the Secretary of the Navy does not duplicate
8 specific functions for which the Secretary has assigned
9 responsibility to the Office of the Chief of Naval Operations
10 or to the Headquarters, Marine Corps.
11 "(d) The total number of military and civilian personnel
12 assigned or detailed to permanent duty in the office of- the
13 Secretary of the Navy may not exceed 685. However, such
14 limitation does not apply in time of war or during a national
15 emergency declared by Congress.
16 "S 5015. Under Secretary cf the Navy: appointment; powers
17 and duties
18 " (a) There is an Under Secretary of the Navy appointed
19 from civilian life by the President, by and with the advice
20 and consent of the Senate.
21 %"(b) The Under Secretary shall perform such duties and
22 exercise such powers as the Secretary of the Navy may
23 prescribe.
24 "S 5016. Assistant Secretaries of the Navy: appointment;
25 pcwers and duties
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1 "(a) There are four Assistant Secretaries of the Navy In
2 the Department of the Navy. They shall be appointed from
3 civilian life by the President, by and with the advice and
4 consent of the Senate.
5 '' (b)(1) The Assistant Secretaries shall perform such
6 duties and exercise such powers as the Secretary of the Navy
7 may prescribe.
8 11(2) one of the Assistant Secretaries shall be the
9 Assistant Secretary of the Navy for Manpower and Reserve
10 Affairs. He shall have as his principal duty the overall
11 supervision of manpower and reserve component affairs of the
12 Department of the Navy.
13 "S 5017. Secretary of the Navy: successors to duties
14 "(a) If the Secretary of the Navy dies, resigns, is
15 removed from office, is absent, or is disabled, the person
16 who is highest on the following list and who is not absent or
17 disabled shall perform the duties of the Secretary until the
16 President, under section 3347 of title 5, directs another
19 person to perform those duties or until the absence or
20 disability ceases:
21 "(1) The Under Secretary of the Navy.
22 "(2) The Assistant Secretaries of the Navy in crder
23 of their length of service as such.
24 "(3) The Chief of Naval Operations.
25 "(4) The Commandant of the Marina Corps.
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1 "(b) Performance of the duties of the Secretary by the
2 Chief of Naval Operations, the Commandant of the Marine
3 Corps, or any officer of the Navy or Marine Corps designated
4 under section 3347 of title 5 shall not be considered as the
5 holding of a civil office within the meaning of section
6 973(b) of this title.".
7 (2)(A) Section 5088 is redesignated as section 5018, is
8 transferred to and made a part of chapter 503, and is
9 inserted immediately after section 5017.
10 (B) Section 5018 (as redesignated by subparagraph (A) of
11 this paragraph) Is amended by striking out "Chief of Naval
12 operations" in subsections (a) and (c) and inserting in lieL
13 thereof "Secretary of the Navy".
14 (b) Bedesignation of Sections.--Sections 5150, 5151,
15 5152, and 5153 are redesignated as sections 5019, 5020, 5021,
16 and 5022, respectively, are transferred to and made a part of
17 chapter 503, and are inserted in numerical sequence
18 immediately after section 5018 (as redesignanated by
19 subsection (a)(2) of this section).
20 (c) Technical and Conforming Amendments.--(1) Section
21 5021 (as redesignated by subsection (b) of this section) is
22 amended by striking out " secticn 5151" in subsection (a)
23 and inserting in lieu thereof "section 5020".
24 (2) Subsection (c) of section 5022 (as redesignated by
25 subsection (b) of this section) is amended by striking out
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1 "claim proceeding" and Inserting In lieu thereof "claim,
2 proceeding,".
3 (3) Chapters 505 and 507 are repealed.
4 (4) The tables of chapters at the beginning of subtitle C
5 and the beginning of part I of such subtitle are each amended
6 by striking out the items relating to chapters 505 and 507.
7 (4) The table of sections at the beginning of chapter 503
8 is amended to read as follows:
"Sec.
"5011. organization.
"5012. Department of the Navy: seal.
"5013. Secretary of the Navy: appointment; powers and
duties; delegation authority.
"5013a. Secretary of the Navy: powers with respect to Coast
Guard.
"5014. Office of the Secretary of the Navy.
'15015. Under Secretary of the Navy: appointment; powers and
duties.
"5016. Assistant Secretaries of the Navy: appointment;
powers and duties.
"5017. Secretary of the Navy: successors to duties.
"5018. Naval Inspector General: detail; duties.
"5019. Office of Naval Research: Chief; appointment, term,
emoluments; Assistant Chief; succession to duties.
"5020. Office of Naval Research: duties.
"5021. office of Naval Research: appropriations; time limit.
"5022. Naval Research Advisory Committee.".
9 (5) Chapter 513 is amended--
10 (A) by striking out the chapter heading and inserting
11 in lieu thereof the following:
12 "CHAPTER 513--BUREAUS; OFFICE OF THE JUDGE ADVOCATE
13 GENERAL";
14 (B) in the table of sections at the beginning of such
15 chapter--
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1 (1) by striking out the items relating to
2 sections 5150, 5151, 5152, and 5153; and
3 (ii) by redesignating the item relating to
4 section 5155 as 5150; and
5 (C) by redesignating section 5155 as section 5150.
6 (6) The tables of chapters at the beginning of subtitle C
7 and at the beginning of part T_ of such subtitle are each
8 amended by striking out the item relating to chapter 513 and
9 inserting in lieu thereof the following:
"5113. Bureaus; Office of the Judge Advocate
General. . . . . . . . . 5131".
10 (7) Chapter 561 is amended--
11 (A) by redesignating sections 7861 and 7862 as
12 sections 7862 and 7863, respectively; and
13 (3) by striking out the table of sections at the
14 oeginning of such chapter and inserting in lieu thereof
15 the following:
"Sec.
"7861. Custody of departmental records and property.
"7862. Accounts of paymasters of lost or captured naval
vessels.
'17863. Disbursements by order of commanding officer.
16 **S 7861. Custody of departmental records and property
17 "The Secretary of the Navy has custody and charge of all
18 books, records, papers, furniture, fixtures, and other
19 property under the lawful control of the executive part of
23 the Department of the Navy.".
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1 (a) Effective Date.--The limitation prescribed in sectior.
2 5014(d) of title 10, United States Code (as amended by
3 subsection (a)(1) of this section), shall be effective after
4 September 30, 1988.
5 SEC. 302. OFFICE OF THE CHIEF OF NAVAL OPERATIONS
6 (a) In General.--Part I of subtitle C is amended--
7 (1) by striking out chapter 509; and
8 (2) by inserting after chapter 503 the following new
9 chapter:
10 "CHAPTER 505--OFFICE OF THE CHIEF OF NAVAL OPERATIONS
?' Sec.
5031. Office of the Chief of Naval Operations.
"5032. Office of the Chief of Naval Operations: general
duties.
??5033. Chief of Naval operations: appointment; term of
office; powers and duties.
??5034. Chief of Naval operations: retirement.
1'5035. Vice Chief of Naval operations: appointment; powers
and duties; succession to duties of Chief of Naval
operations.
"5036. Deputy Chiefs of Naval operations: detail; duties.
"5037. Assistant Chiefs of Naval operations: detail; duties.
11 "S 5031. Office of the Chief of Naval Operations
12 %'(a) There is in the executive part of the Department of
13 the Navy an office of the Chief of Naval operations to assist
14 the Secretary of the Navy In carrying out his
15 responsibilities.
16 "(b) The Office of the Chief of Naval operations shall
17 consist of the following:
18 "M The Chief of Naval operations.
19 "(2) The Vice Chief of Naval Operations.
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1 " (3) Not more than four Deputy Chiefs of Naval
2 Operations, as prescribed by the Secretary of the Navy.
3 "(4) Not more than three Assistant Chiefs of Naval
4 Operations, as prescribed by the Secretary.
5 t *(5) The Surgeon General of the Navy.
6 "(6) The Chief of Naval Personnel.
7 " (7) The Judge Advocate General of the Navy.
8 4?(8) The Chief of Chaplains of the Navy.
9 "(9) Other members of the Navy and Marine Corps
10 assigned or detailed to the office of the Chief of Naval
11 Operations.
12 "-(10) Civilians in the Department of the Navy
13 assigned or detailed to the Office of the Chief of Naval
14 Operations.
15 " (c) Except as otherwise specifically prescribed by law,
16 the Office of the Chief of Naval Operations shall he
17 organized in such manner, and its members shall perform such
18 duties and have such titles, as the Secretary may prescribe.
19 "(d)(1) The total number of military and civilian
20 personnel assigned or detailed to permanent duty in the
21 Office of the Chief of Naval operations may not exceed 1,725.
22 Such limitation does not apply in time of war or during a
23 national emergency declared by Congress.
24 "(2) Not more than 1,300 officers of the Navy and Marine
25 Corps may be assigned or detailed to permanent duty in the
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1 Office of the Chief of Naval Operations. However, such
2 limitation does not apply in time of war or during a national
3 emergency declared by Congress, or whenever the Presiaent
4 finds that it is in the national interest to increase the
5 number of officers in the Office of the Chief of Naval
6 Operations.
7 "S 5032. Office of the Chief of Naval Operations: general
8 duties
9 "(a) The office of the chief of Naval operations shall
10 furnish professional assistance to the Secretary, the Under
11 Secretary, and the Assistant Secretaries of the Navy, and the
12 Chief of Naval Operations.
13 "(b) Under the authority, direction, and control of the
14 Secretary of the Navy, the Office of the Chief of Naval
15 Operations shall--
16 I'M prepare for such employment of the Navy, and
17 for such recruiting, organizing, supplying, equipping
18 (including research and development), training,
19 servicing, mobilizing, demobilizing, administering, and
23 maintaining of the Navy, as will assist in the execution
21 of any power, duty, or function of the Secretary or the
22 Chief of Naval Operations;
23 "(2) investigate and report upon the efficiency of
24 the Navy and its preparation to support military
25 operations by combatant commands;
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1 "(3) prepare detailed instructions for the e:;ecuticr.
2 of approved plans and supervise the execution of those
3 plans and instructions;
4 ??(4) act as agent of the Secretary and the Chief of
5 Naval Operations in coordinating the actions of all
6 organizations of the Navy; and
7 "(5) perform such other duties, not otherwise
8 assigned by law, as may be prescribed by the Secretary.
9 "S 5033. Chief of Naval operations: appointment; term of
10 office; powers and duties
11 " (a) There Is a Chief of Naval operations appointed by
12 the President, by and with the advice and consent of the
13 Senate. The Chief of Naval Operations shall be appointed for
14 a term of four years, from officers on the active-duty list
15 in the line of the Navy who are eligible to command at sea
16 and who hold the grade of rear admiral or above. He serves at
17 the pleasure of the President. In time of war or during a
18 national emergency declared by Congress, he may be
19 reappointed for a term of nct more than four years.
20 "(b) The Chief of Naval operations, while so serving,
21 has the grade of admiral without vacating his regular or
22 reserve grade. In the performance of his duties within the
23 Department of the Navy, the Chief of Naval operations takes
24 precedence above all other officers of the naval service.
25 " (c) Except as otherwise prescribed by law and subject
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1 to section 5013(f) of this title, the Chief of Naval
2 Operations performs his duties under the authority,
3 direction, and control of the secretary of the Navy and is
4 directly responsible to the Secretary.
5 "(d) Subject to the authority, direction, and control of
6 the Secretary of the Navy, the Chief of Naval operations
7 shall--
8 "(1) preside over the office of the Chief of Naval
9 Operations;
10 "(2) transmit the plans and recommendations of the
11 Office of the Chief of Naval Operations to the Secretary
12 and advise the Secretary with regard to such plans and
13 recommendations;
14 "(3) after approval of the plans or recommendations
15 of the office of the Chief of Naval Operations by the
16 Secretary, act as the agent of the Secretary incarrying
17 them into effect;
18 "(4) exercise supervision, consistent with the full
19 operational command vested in unified cr specified
20 combatant commanders under section 164 of this title,
21 over such of the members and organizations of the Navy
22 and the Marine Corps as the Secretary of the Navy
23 determines;
24 "(5) perform the duties prescribed for him by
25 section 171 of this title and other provisions of law;
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1 "(6) keep the Secretary fully informed cn matters
2 considered or acted upon by the Joint Chiefs of Staff;
3 and
4 "(7) perform such other military duties, not
5 otherwise assigned by law, as are assigned to him by the
6 President, the Secretary of Defense, or the Secretary of
7 the Navy.
8 **(e) The Chief of Naval operations shall also perfcrm
9 the duties prescribed for him as a member of the Joint Chiefs
10 of Staff under section 151 of this title.
11 "S 5034. Chief of Naval operations: retirement
12 "An officer who is retired while serving as Chief of
13 Naval Operations, or who, after serving at least two and one-
14 half years as Chief of Naval Operations, is retired after
15 completion of that service while serving in a lower grade
16 than admiral, may, in the discretion of the President, be
17 retired with the grade of admiral. The retired pay of such an
18 officer shall be computed at the highest rates of basic pay
19 applicable to him while he served in that office.
20 "'S 5035. Vice Chief of Naval operations: appointment; powers
21 and duties; succession to duties of Chief of
22 Naval Operations
23 '*(a) There Is a Vice Chief of Naval Operations appointed
24 by the President, by and with the advice and consent of the
25 Senate, from officers on the active-duty list in the line of
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1 the Navy serving in grades above captain and eligible to
2 command at sea.
3 "'(b) The Vice Chief of Naval operations, while so
4 serving, has the grade of admiral without vacating his
5 regular or reserve grade.
6 "(c) The Vice Chief of Naval operations has such
7 authority and duties with respect to the Department of the
8 Navy as the Chief of Naval Operations, with the approval of
9 the Secretary of the Navy, may delegate to or prescribe for
10 him. Orders Issued by the Vice Chief of Naval operations in
11 performing such duties have the same effect as those issued
12 by the Chief of Naval operations.
13 " (d) When there is a vacancy in the office of Chief of
14 Naval operations or during the absence or disability of the
15 Chief of Naval Operations--
16 "M the vice Chief of Naval operations shall
17 perform the duties of the Chief of Naval operations until
18 a successor is appointed or the absence or disability
19 ceases; or
20 "(2) if there is a vacancy in the office of the Vice
21 Chief of Naval Operations or the Vice Chief of Naval
22 Operations is absent or disabled, unless the President
23 directs otherwise, the most senior officer in the office
24 of the Chief of Naval Operations who is not absent or
25 disabled and who is not restricted in performance of duty
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1 shall perform the duties of the Chief of Naval operations
2 until a successor to the Chief of Naval operations or the
3 Vice Chief of Naval operations is appointed or until the
4 absence or disability of the Chief of Naval operations or
5 Vice Chief of Naval operations ceases, whichever occurs
6 first.".
7 "S 5036. Deputy Chiefs of Naval Operations: detail; duties
8 "(a) There are in the Office of the Chief of Naval
9 operations not more than four Deputy Chiefs of Naval
10 Operations, detailed by the Secretary of the Navy from
11 officers on the active-duty list in the line of the Navy
12 serving in grades above captain.
13 "(b) The Deputy Chiefs of Naval operations are charged,
14 under the direction of the Chief of Naval Operations, with
15 the execution of the functions of their respective divisions.
16 Orders Issued by the Deputy Chiefs of Naval Operations in
17 performing the duties assigned them are considered as coming
18 from the Chief of Naval Operations.
19 "S 5037. Assistant Chiefs of Naval operations: detail;
20 duties
21 "(a) There are in the Office of the Chief of Naval
22 Operations not more than three Assistant Chiefs of Naval
23 operations, detailed by the Secretary of the Navy from
24 officers on the active-duty list in the line of the 'Davy and
25 officers on the active-duty list of the Marine Corps.
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1 11(b) The Assistant Chiefs of Naval Operations shall
2 perform such duties as the Secretary of the Navy
3 prescribes.".
4 (b) Conforming Amendments.--The tables of chapters at the
5 beginning of subtitle C of title 10, United States Code, and
6 at the beginning of part I of such subtitle are each amended
7 by striking out the items relating to chapter 5? and
8 inserting in lieu thereof the following new item:
"505. Office of the Chief of Naval Operations. . . . 5031".
9 (c) Effective Date.--The limitations provided for in
10 section 5031(d) of title 10, United States Code (as amended
11 by subsection (a)(2) of this section), shall be effective
12 after September 30, 1988.
13 SEC. 303. HEADQUARTERS, MARINE CORPS
14 (a) In General.--Chapter 515 is amended to read as
15 follows:
16 "CHAPTER 515--HEADQUARTERS, MARINE CORPS
"Sec.
115201. Headquarters, Marine Corps.
"5202. Headquarters, Marine Corps: general duties.
"5203. Commandant of the Marine Corps: appointment; term of
office; powers and duties.
115204. Assistant Commandant of the Marine Corps:
appointment; powers and duties; succession to
duties of Commandant.
17 "S 5201. Headquarters, Marine Corps
18 "(a) There is in the executive part of the Department of
19 the Navy a Headquarters, Marine Corps, to assist the
20 Secretary of the Navy in carrying out his responsibilities.
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1 "(b) The Headquarters, Marine Corps, shall consist of
2 the following:
3 "'(1) The Commandant of the Marine Corps.
4 "(2) The Assistant Commandant of the Marine Corps.
5 "(3) (3) The Chief of Staff of the Marine Corps.
6 " (4) Not more than four Deputy Chiefs of Staff, as
7 prescribed by the Secretary of the Navy.
8 "(5) Not more than three Assistant Chiefs of Staff,
9 as prescribed by the Secretary.
10 "(6) Other members of the Navy and Marine Corps
11 assigned or detailed to the Headquarters, Marine Corps.
12 "(7) Civilians in the Department of the Navy
13 assigned or detailed to the Headquarters, Marine Corps.
14 ?.(c) Except as otherwise specifically prescribed by law,
15 the Headquarters, Marine Corps, shall be organized in such
16 manner, and its members shall perform such duties and have
17 such titles, as the Secretary may prescribe.
18 "(d)(1) The total number of military and civilian
19 personnel assigned or detailed to permanent duty in the
20 Headquarters, Marine Corps, shall not exceed 428. Such
21 limitation does not apply in time of war or during a national
22 emergency declared by Congress.
23 "(2) Not more than 325 officers of the Marine Corps and
24 Navy may be assigned or detailed to permanent duty in the
25 Headquarters, Marine Corps. However, such limitation does not
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1 apply in time of war or during a national emergency declared
2 by Congress, or whenever the President finds that it is in
3 the national interest to increase the number of officers in
4 the Headquarters, Marine Corps.
5 "S 5202. Headquarters, Marine Corps: general duties
6 "'(a) The Headquarters, Marine Corps, shall furnish
7 professional assistance to the Secretary, the Under
8 Secretary, and the Assistant Secretaries of the Navy, and the
9 Commandant of the Marine Corps.
10 '*(b) Under the authority, direction, and control of the
11 Secretary of the Navy, the Headquarters, Marine Corps,
12 shall--
13 "(1) prepare for such employment of the Marine
14 Corps, and for such recruiting, organizing, supplying,
15 equipping (including research and development), training,
16 servicing, mobilizing, demobilizing, administering, and
17 maintaining of the Marine Corps, as will assist in the
18 execution of any power, duty, or function of the
19 Secretary or the Commandant;
20 "(2) investigate and report upon the efficiency of
21 the Marine Corps and its preparation to support military
22 operations by combatant commanders;
23 "(3) prepare detailed instructions for the execution
24 of approved plans and supervise the execution of those
25 plans and instructions;
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1 "(4) act as agent of the Secretary and the
2 Commandant in coordinating the action of all
3 organizations of the Marine Corps; and
4 "(5) perform such other duties, not otherwise
5 assigned by law, as may be prescribed by the Secretary.
6 "S 5203. Commandant of the Marine Corps: appointment; term
7 of office; powers and duties
8 "(a) There Is a Commandant of the Marine Corps appointed
9 by the President by and with the advice and consent of the
10 Senate. The Commandant shall be appointed for a term of four
11 years from officers on the active-duty list of the Marine
12 Corps not below the grade of colonel. He serves at the
13 pleasure of the President. In time of war or during a
14 national emergency declared by Congress, he may be
15 reappointed for a term of not more than four years.
16 -(b) The Commandant of the Marine Corps, while so
17 serving, has the grade of general without vacating his
18 regular or reserve grade.
19 "(c) An officer who is retired while serving as
20 Commandant of the Marine Corps, or who, after serving at
21 least two and one-half years as Commandant, is retired after
22 completion of that service while serving in a lower grade
23 than general, may, in the discretion of the President, be
24 retired with the grade of general. The retired pay of such an
25 officer shall be computed at the highest rates of basic pay
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1 applicable to him while he served in that office.
2 "(d) Except as otherwise prescribed by law ana subject
3 to section 5013(f) of this title, the Commandant performs his
4 duties under the authority, direction, and control of the
5 Secretary of the Navy and is directly responsible to the
6 Secretary.
7 "(e) Subject to the authority, direction, and control of
8 the Secretary of the Navy, the Commandant shall--
9 "(1) preside over the Headquarters, Marine Corps;
10 "(2) transmit the plans and recommendations of the
11 Headquarters, Marine Corps, to the Secretary, and advise
12 the Secretary with regard to such plans and
13 recommendations;
14 "(3) after approval of the plans and recommendations
15 of the Headquarters, Marine Corps, by the Secretary, act
16 as the agent of the Secretary in carrying them into
17 effect;
18 "'(4) exercise supervision, consistent with the full
19 operational command vested in unified or specified
20 combatant commanders under section 164 of this title,
21 over such of the members and organizations of the Marine
22 Corps and the Navy as the Secretary determines;
23 "(5) perform the duties prescribed for him by
24 section 171 of this title and other provisions of law;
25 " (6) keep the Secretary fully informed on matters
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1 considered or acted upon by the Joint Chiefs of Staff;
2 and
3 "'(7) perform such other military duties, not
4 otherwise assigned by law, as are assigned to him by the
5 President, the Secretary of Defense, or the Secretary of
6 the Navy.
7 11(f) The commandant shall also perform the duties
8 prescribed for him as a member of the Joint Chiefs of Staff
9 under section 151 of this title.
10 "S 5204. Assistant Commandant of the.Marine Corps:
11 appointment; powers and duties; succession to
12 duties of Commandant
13 "(a) There is an Assistant Commandant of the Marine
14 Corps appointed by the President, by and with the advice and
15 consent of the Senate, from officers on the active-duty list
16 of the Marine Corps not restricted in the performance of
17 duty.
18 "(b) The Assistant Commandant of the Marine Corps, while
19 so serving, has the grade of general without vacating his
20 regular or reserve grade.
21 "(c) The Assistant Commandant has such authority and
22 duties with respect to the Marine Corps as the Commandant,
23 with the approval of the Secretary of the Navy, may delegate
24 to or prescribe for him. Orders issued by the Assistant
25 Commandant in performing such duties have the same effect as
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1 those issued by the Commandant.
2 "(d) When there is a vacancy in the office of Commandant
3 of the Marine Corps, or during the absence or disability of
4 the Commandant of the Marine Corps--
5 "(1) the Assistant Commandant of the Marine Corps
5 shall perform the duties of the Commandant until a
7 successor is appointed or the absence or disability
8 ceases; or
9 "(2) if there is a vacancy in the office of the
13 Assistant Commandant of the Marine Cores or the Assistant
11 Commandant is absent or disabled, unless the President
12 directs otherwise, the most senior officer of the Marine
13 Corps in the Headquarters, Marine Corps, who is not
14 absent or disabled and who is not restricted in
15 performance of duty shall perform the duties of the
16 Commandant until a successor to the Commandant or the
17 Assistant Commandant is appointed or until the absence or
18 disability of the Commandant or Assistant Commandant
19 ceases, whichever occurs first.".
20 (b) Conforming Amenaments.--The tables of chapters at the
21 beginning of subtitle C of title 1e, United States Code, and
22 at the beginning of part I of such subtitle are each amended
23 by striking out the item relating to chapter 515 and
24 inserting in lieu thereof the fcliowing:
"515. Headquarters, Marine Corp:........... 520-111.
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1 (c) Effective Date.--The limitations provided for In
2 section 5201(d) of title 10, United States Code (as amended
3 by subsection (a) of this section), shall be effective after
4 September 30, 1988.
5 SEC. 304. COMPOSITION OF THE DEPARTMENT OF THE NAVY
6 (a) In General.--Part I of subtitle C is amended by
7 inserting after chapter 515 the following new chapter:
8 ''CHAPTER 518--COMPOSITION OF THE DEPARTMENT OF THE NAVY
" Sec.
5241. Department of the Navy: composition.
"5242. United States Navy: composition; functions.
"5243. United States Marine Corps: composition; functions.
9 "S 5241. Department of the Navy: composition
10 ''The Department of the Navy is composed of the
11 following:
12 %%(1) The office of the Secretary of the Navy.
13 '' (2) The Office of the Chief of Naval operations.
14 %%(3) The Headquarters, Marine Corps.
15 "(4) The entire operating forces, including naval
16 aviation, of the United States Navy and of the United
17 States Marine Corps, and the reserve components of those
18 operating forces.
19 %%(5) All field activities, headquarters, forces,
20 bases, installations, activities, and functions under the
21 control or supervision of the Secretary of the Navy.
22 "(6) The United States Coast Guard when it is
23 operating as a service in the Navy.
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1 "S 5242. United States Navy: composition; functions
2 "(a) The Navy, within the Department of the Navy,
3 includes, in general, naval combat and service fcrces and
4 such aviation as may be organic therein. The Navy shall be
5 organized, trained, and equipped primarily for prompt and
6 sustained combat incident to operations at sea. It is
7 responsible for the preparation of naval forces necessary for
8 the effective prosecution of war except as otherwise assigned
9 and is generally responsible for naval reconnaissance,
1d antisubmarine warfare, and protection of shipping.
11 "(b) All naval aviation shall be integrated with the
12 naval service as part thereof within the Department of the
13 Navy. Naval aviation consists of combat and service and
14 training forces, and includes land-based naval aviation, air
15 transport essential for naval operations, all air weapons and
16 air techniques involved in the operations and activities of
17 the Navy, and the entire remainder of the aeronautical
18 organization of the Navy, together with the personnel
19 necessary therefor.
20 "(c) The Navy shall develop aircraft, weapons, tactics,
21 technique, organization, and equipment of naval combat and
22 service elements. Matters of joint concern as to these
23 functions shall be coordinated between the Army, the Air
24 Force, and the Navy.
25 "(d) The Navy is responsible, in accordance with
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1 integrated joint mobilization plans, for the expansion of the
2 peacetime components of the Navy to meet the needs of war.
3 I'S 5243. United States Marine Corps: composition; functions
4 "(a) The Marine Corps, within the Department of the
5 Navy, shall he so organized as to Include not less than three
6 combat divisions and three air wings, and such other land
7 combat, aviation, and other services as may be organic
8 therein. The Marine Corps shall be organized, trained, and
9 equipped to provide fleet marine forces of combined arms,
10 together with supporting air components, for service with the
11 fleet in the seizure or defense of advanced naval bases and
12 for the conduct of such land operations as may be essential
13 to the prosecution of a naval campaign. In addition, the
14 Marine Corps shall provide detachments and organizations for
15 service on armed vessels of the Navy, shall provide security
16 detachments for the protection of naval property at naval
17 stations and bases, and shall perform such other duties as
18 the President may direct. However, these additional duties
19 may not detract from or interfere with the operations for
20 which the Marine Corps is primarily organized.
21 "(b) The Marine Corps shall develop, in coordination
22 with the Hrmy and the Air Force, those phases of amphibious
23 operations that pertain to the tactics, technique, and
24 equipment used by landing forces.
25 '' (c) The Marine Corps is responsible, in accordance with
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1 integrated joint mobilization plans, for the expansion of
2 peacetime components of the Marine Corps to meet the needs of
3 war.".
4 (b) Conforming Amendments.--The tables of chapters at the
5 beginning of subtitle C of title 10, United States Code, and
6 at the beginning of part I of such subtitle are each amended
7 by inserting after the item relating to chapter 515 the
8 following new item:
"518. Composition of the Department of the Navy...... 5241".
9 TITLE IV--AIR FORCE
10 SEC. 401. DEPARTMENT OF THE AIR FORCE
11 (a) in General.--(1) Chapter 803 Is-amended by striking
12 out sections 8012, 8013, and 8014 and inserting in lieu
13 thereof the following:
14 "S 8013. Secretary of the Air Force: appointment; powers and
15 duties; delegation authority
16 "(a) There Is a Secretary of the Air Force appointee
17 from civilian life by the President, by and with the advice
18 and consent of the Senate. The Secretary is the head of the
19 Department of the Air Force. A person may not be appointed as
20 Secretary of the Air Force within five years after relief
21 from active duty as a commissioned officer of a regular
22 component of an armea force.
23 "(b) Subject to the authority, direction, and control of
24 the Secretary of Defense, the Secretary of the Air Force is
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1 responsible for and has the authority necessary for the
2 following matters with respect to the Air Force:
3 " (1) Recruiting.
4 "(2) organizing.
5 "(3) Supplying.
6 "(4) Equipping (including research and development).
7 "(5) Training.
8 "(6) Servicing.
9 "M Mobilizing.
13 "(8) Demobilizing.
11 '*(9) Administering.
12 "(13) Maintaining.
13 "(11) The construction, maintenance, and repair of
14 buildings, structures, and utilities and the acquisiticn
15 of real property and interests therein necessary to carry
15 out the responsibilities specified in clauses (1) through
17 (10).
18 "'(c) Subject to the authority, direction, and control of
19 the Secretary of Defense, the Secretary of the Air Force is
20 also responsible to the Secretary of Defense for--
21 "(1) the functioning and efficiency of the
22 Department of the Air Force;
23 " (2) the formulation of policies and programs by the
24 Department of the Air Force that are fully consistent
25 with national security objectives and policies
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1 established by the President or the Secretary of Defense;
2 "(3) the effective and timely implementation of
3 policy, program, and budget decisions and instructions of
4 the President or the Secretary of Defense relating to the
5 functions of the Department of the Air Force;
6 "(4) carrying out the functions of the Department of
7 the Air Force so as to fulfill (to the maximum extent
8 practicable) the current and future operational
9 requirements of the unified and specified combatant
10 commands;
11 "(5) effective cooperation and coordination between
12 the Department of the Air Force and the other military
13 departments and agencies of the Department of Defense to
14 provide for more effective, efficient, and economical
15 administration and to eliminate duplication;
16 "(6) the presentation and justification of the
17 positions of the Department of the Air Force on the
18 plans, programs, and policies of the Department of
19 Defense; and
20 "(7) the effective supervision and control of the
21 intelligence activities of the Department of the Air
22 Force.
23 "'(d) The Secretary of the Air Fcrce is also responsible
24 for such other activities as may be prescribed by law, the
25 President, or the Secretary of Defense.
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1 '' (e) After first infcrming the Secretary of Defense, the
2 Secretary of the Air Force may make such recommendations to
3 Congress relating to the Department of Defense as he
4 considers appropriate.
5 "(f) The Secretary of the Air Force may assign such of
6 his functions, powers, and duties as he considers appropriate
7 to the Under Secretary of the Air Force and to the Assistant
8 Secretaries of the Air Force. Officers of the Air Force
9 shall, as directed by the Secretary, report on any matter to
10 the Secretary, the Under Secretary, or any Assistant
11 Secretary.
12 "'(g) The Secretary may assign, detail, and prescribe the
13 cuties of members of the Air Force and civilian personnel of
14 the Department of the Air Force.
15 "1(h) The Secretary may change the title of any officer
16 or activity of the Department of the Air Force not prescribed
17 by law.
18 "(1) The Secretary may prescribe regulations to carry
19 out his functions, powers, and duties under this title.
20 "S 8014. Office of the Secretary of the Air Force
21 "(a) There Is in the Department of the Air Force an
22 Office of the Secretary of the Air Force to assist the
23 Secretary in carrying out his responsibilities.
24 11(b) The Office of the Secretary of the Air Force shall
25 consist of the following:
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1 "(1) The Under Secretary of the Air Force.
2 "(2) The Assistant Secretaries of the Air Force.
3 "(3) The Inspector General of the Air Force.
4 "(4) The Air Reserve Forces Policy Committee.
5 "(5) Such other offices and officers as the
6 Secretary of the Air Force may establish or designate.
7 " (c) The Secretary of the Air Force shall ensure that
8 the office of the Secretary of the Air Force does not
9 duplicate specific functions for which the Secretary has
10 assigned responsibility to the Air Staff.
"(d) The total number of military and civilian personnel
12 -assigned or detailed to permanent duty in the Office of the
13 Secretary of the Air Force may not exceed 258. However, such
14 limitation does not apply in time of war or during a national
15 emergency declared by Congress.
16 "S 8015. Under Secretary of the Air Force: appointment;
17 powers and duties
18 " (a) There is an Under Secretary of the Air Force
19 appointed from civilian life by the President, by and with
23 the advice and consent of the Senate.
21 .'(b) The Under Secretary shall perform such duties and
22 exercise such powers as the Secretary of the Air Force may
23 prescribe.
24 "S 8016. Assistant Secretaries of the Air Force:
25 appointment; powers and duties
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1 " (a) There are three Assistant Secretaries of the Air
2 Force in the Department of the Air Force. They shall be
3 appointed from civilian life by the President, by and with
4 the advice and consent of the Senate.
5 '' (b)(1) The Assistant Secretaries shall perform such
6 duties and exercise such powers as the Secretary of the Air
7 Force may prescribe.
8 "(2) one of the Assistant Secretaries shall be the
9 Assistant Secretary of the Air Force for Manpower and Reserve
10 Affairs. He shall have as his principal duty the overall
11 supervision of manpower and reserve component affairs of the
12 Department of the Air Force.".
13 (2) Chapter 803 is further amended by striking out
14 section 8019.
15 (3) Chapter 803 is further amended by inserting after
16 section 8017 the following new section:
17 "S 8018. Inspector General of the Air Force: detail; duties
18 "(a) There is in the office of the Secretary of the sir
19 Force an Inspector General of the Air Force who shall be
20 detailed to such position by the Secretary of the Air Force
21 from general officers of the Air Force. An officer may not be
22 detailed to such position for a tour of duty of not more than
23 four years, except that the Secretary may extend such a tour
24 of duty if he makes a special finding that the extension is
25 necessary in the public interest.
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1 "(b) The Inspector General, when directed, shall inquire
2 into and report upon any matter that affects the discipline,
3 efficiency, or economy of the Department of the Air Force. He
4 shall make such inspections, investigations, and reports as
5 the Secretary of the Air Force or the Chief of Staff of the
6 Air Force directs.
7 " (c) The Inspector General shall periodically propose
8 programs of inspections to the Secretary of the Air Force and
9 shall recommend additional inspections and Investigations as
10 may appear appropriate.
11 41(d) The Inspector General shall have such deputies and
12 assistants as the Secretary of the Air Force may prescribe.
13 Each such deputy and assistant shall be an officer detailed
14 by the secretary to that position from the officers of the
15 Air Force for a tour of duty of not more than four years,
16 under a procedure prescribed by the Secretary.".
17 (4)(A) Section 8033 is redesignated as section 8019, is
18 transferred to and made a part of chapter 803, and is
19 inserted immediately after section 8018.
20 (B) Section 8019 (as redesignated by subparagraph (A)) is
21 amended--
22 (1) in subsection (a)--
23 (I) by inserting "and the mobilization
24 preparedness" after "reserve components";
25 (II) by striking out "Chief of Staff, and the
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1 Assistant Secretary responsible for reserve affairs"
2 and inserting in lieu thereof "Secretary of the Air
3 Force and the Chief of staff"; and
4 (ii) by striking out the section heading and
5 inserting In lieu thereof the following:
6 "S 8919. Reserve components of the Air Firce: policies and
7 regulations for the government of; functions of
8 National Guard '3ureau with respect to Air
9 National Guard".
10 (b) Conforming Amendments.--(1) Such chapter is further
1 amended by redesignating sections 8010 and 8011 as sections
12 8011 and 8012, respectively.
13 (2) The table of sections at the beginning of such
14 chapter is amended to read as follows:
?'Sec.
8011. Organization.
`?8012. Department of the Air Force: seal.
448013. Secretary of the Air Force: appointment; powers and
duties; delegation authority.
"8014. office of the Secretary of the Air Force.
"8015. Under Secretary of the Air Force: appointment; powers
and duties.
148016. Assistant Secretaries of the Air Force: appointment;
powers and duties.
?'8017. Secretary of the Air Force: successors to duties.
8018. Inspector General of the Air Force: detail; duties.
448019. Reserve components of Air Force: policies and
regulations for government of; functions cf
National Guard Bureau with respect to Air National
,Guard.".
15 (c) Effective Date.--The limitation provided for In
16 section 8314(d) of title 10, United States Code (as amended
17 by subsection (a)(1) of this section), shall be effective
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1 after September 30, 1988.
2 SEC. 402. THE AIR STAFF
3 (a) Composition of the Air Staff.--Section 8031 is
4 amended to read as follows:
5 "S 8031. The Air Staff: composition; assignment and detail
6 of members of Air Force and civilians
7 "(a) There is in the executive part of the Department of
8 the Air Force an Air Staff to assist the Secretary of the Air
9 Force in carrying out his responsibilities.
10 11(b) The Air Staff shall consist of the following:
11 " (1) The Chief of Staff.
12 "(2) The Vice Chief of Staff.
13 "(3) Not more than four Deputy Chiefs of Staff, as
14 prescribed by the Secretary of the Air Force.
15 "(4) Not more than three Assistant Chiefs of Staff,
16 as prescribed by the Secretary.
17 " (5) The Surgeon General of the Air Force.
18 "(6) The Judge Advocate General of the Air Force.
19 "M The Chief of the Air Force Reserve.
20 "(8) Other members of the Air Force assigned or
21 detailed to the Air Staff.
22 "(9) Civilians in the Department of the Air Force
23 assigned or detailed to the Air Staff.
24 "(c) Except as otherwise specifically prescribes by law,
25 the Fir Staff shall be organized in such manner, and its
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1 members shall perform such duties and have such titles, as
2 the Secretary may prescribe.
3 "'(d)(1) The total number of military and civilian
4 personnel assigned or detailed to permanent duty to the Air
5 Staff may not exceed 2,354. Such limitation does not apply in
6 time of war or during a national emergency declared by
7 Congress.
9 "(2) Not more than 1,575 officers of the Air Force may
9 be assigned or detailed to permanent duty in the office of
10 the Secretary of the Air Force and the Air Staff. However,
11 such limitation does not apply in time of war or during a
12 national emergency declared by Congress, or whenever the
13 President finds that it is in the national interest to
14 increase the number of officers in the office of the
15 Secretary of the Air Force and the Air Staff.".
16 (b) The Air Staff: General Duties.--Section 8032 is
17 amended--
18 (1) in subsection (a), by inserting "of the Air
19 Force" after "Chief of Staff";
20 (2) in subsection (b)--
21 (A) by striking out "The" at the beginning of
22 the subsection and inserting in lieu thereof "Under
23 the authority, direction, and control of the
24 Secretary of the Air Force, the";
25 (B) oy striking out ", training, serving,
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1 mobilizing, and demobilizing" in clause (1) and
2 inserting in lieu thereof "(including research and
3 development), training, servicing, mobilizing,
4 demobilizing, administering, and maintaining"; and
5 (C) by striking out "for military operations"
6 In clause (2) and inserting in lieu thereof "to
7 support military operations by combatant commands";
Q and
9 (3) by striking out the section heading and inserting
13 In lieu thereof the following:
1 "S 8032. The Air Staff: general duties".
12 (c) Chief of Staff.--Section 8034 is redesignated as
13 section 8033 and (as redesignated) is amended--
14 (1) in subsection (a)--
15 (A) by striking out "The Chief of Staff shall
16 be" and inserting in lieu thereof "There is a chief
17 of Staff of the Air Force"; and
18 (B) by striking out "national emergency declared
19 by the Congress after December 31, 1968" and
20 inserting in lieu thereof "during a national
21 emergency declared by Congress";
22 (2) by striking out subsections (c) and (d) and
23 inserting in lieu thereof the following:
24 "(c) Except as otherwise prescribed by law and subject
25 to section 8013(f) of this title, the Chief of Staff performs
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1 his duties under the authority, direction, and control of the
2 Secretary of the Air Force and is directly responsible to the
3 Secretary.
4 "(d) Subject to the authority, direction, and control of
5 the Secretary of the Air Force, the Chief of Staff shall--
6 "M preside over the Air Staff;
7 "(2) transmit the plans and recommendations of the
8 Air Staff to the Secretary and advise the Secretary with
9 regard to such plans and recommendations;
10 "(3) after approval of the plans or recommendations
41 of the Air Staff by the Secretary, act as the agent of
12 the Secretary in carrying them into effect;
13 "(4) exercise supervision, in a manner consistent
14 with the full operational command vested in unified or
15 specified combatant commanders under section 164 of this
16 title, over such of the members and organizations of the
17 Air Force as the Secretary of the Air Force determines;
18 "(5) perform the duties prescribed for him by
19 section 171 of this title and other provisions of law;
20 "(6) keep the Secretary fully informed on matters
21 considered or acted upon by the Joint Chiefs of Staff;
22 and
23 " (7) perform such other military duties, not
24 otherwise assigned by law, as are assigned to him by the
25 President, the Secretary of Defense, or the Secretary of
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1 the Air Force.
2 " (e) The Chief of Staff shall also perform the duties
3 prescribed fcr him as a member of the Joint Chiefs of Staff
4 under section 151 of this title."; and
5 (3) by striking out the section heading and inserting
6 in lieu thereof the following:
7 ?'S 8033. Chief of Staff: appointment; term of office; powers
3 and duties".
9 (d) Vice Chief of Staff.--Section 8035 is redesignated as
10 section 8034 and (as redesignated) is amended--
.1 (1) by striking out subsections (a) and (b) and
12 inserting in lieu thereof the following:
13 "'(a) There is a Vice Chief of Staff of the Air Force
14 appointed by the President, by and with the advice and
15 consent of the Senate, from the general officers of the Air
16 Force.
17 "'(b) The Vice Chief of Staff of the Air Force, while Sc
18 serving, has the grade of general without vacating his
19 regular or reserve grade.";
23 (2) by striking out subsection (c);
21 (3) by redesignating subsection (d) as subsection.
22 (c);
23 (4) by inserting after subsection (c) (as
24 redesignated by clause (3)) the following new subsecticn:
25 "(d) When there is a vacancy in the office of Chief of
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1 Staff or during the absence or disability of the Chief of
2 Staff--
3 "(1) the Vice Chief of Staff shall perform the
4 duties of the Chief of Staff until a successor is
5 appointed or the absence or disability ceases; or
6 "(2) If there is a vacancy in the office of the Vice
7 Chief of Staff or the Vice Chief of Staff is absent cc
8 disabled, unless the President directs otherwise, the
9 most senior officer of the Air Force in the Air Staff whc
10 Is not absent or disabled and who is not restricted in
11 performance of duty shall perform the duties of the Chief
12 of Staff until a successor to the Chief of Staff cc the
13 Vice Chief of Staff is appointed or until the absence or
14 disability of the Chief of Staff or Vice Chief of Staff
15 ceases, whichever occurs first."; and
16 (5) striking out the section heading and inserting in
17 lieu thereof the following new heading:
18 "S 8034. Vice Chief of Staff: appointment; powers and
19 duties; succession to duties of Chief of
20 Staff".
21 (e) Deputy Chiefs of Staff.--Chapter 805 is further
22 amended by inserting after section 8034 the following new
23 section:
24 "S 8035. Deputy Chiefs of Staff and Assistant Chiefs of
25 Staff: detail
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1 "The Deputy Chiefs of Staff and the kssistant Chiefs of
2 Staff shall be general officers detailed to those
3 positions.".
4 (f) Judge Advocate General, Deputy Judge Advocate
5 General.--Section 8072 is reaesignated as section 8037, is
6 transferred to and made a part of chapter 805, and is
7 inserted immediately after section 8036.
8 (g) office of the Air Force Reserve.--Chapter 805 is
9 further amended by inserting after section 8037 (as
10 redesignated by subsection (f) of this section) the following
. 1 new section:
12 "S 8038. Office of-Air Force Reserve: appointment of Chief
13 " (a) There is in the executive part of the Department of
14 the Air Force an office of Air Force Reserve which is headed
15 by a chief who is the adviser to the Chief of Staff, on Air
16 Force Reserve matters.
17 **(b) The President, by and with the advice and consent
18 of the Senate, shall appoint the Chief of Air Force Reserve
19 from officers of the Air Forca Reserve not on active duty, or
20 on active duty under section 265 of this title, who--
21 11(1) have had at least ten years of commissioned
22 service in the Air Force;
23 " (2) are in grade of brigadier general and above;
24 and
25 "(3) have been recommended by the Secretary of the
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2 "(c) The Chief of Air Force Reserve holds office for
3 four years, but may be removed for cause at any time. He is
4 eligible to succeed himself. If he holds a lower reserve
5 grade, he shall be appointed in the grade of major general
6 for service in the Air Force Reserve. " .
7 (h) Conforming Amendments.--(1) The table of sections at
8 the beginning of chapter 805 is amended to read as follows:
"Sec.
"8031. The Air Staff: composition; assignment and detail of
members of Air Force and civilians.
"8032. The Air Staff: general duties.
18033. Chief of Staff: appointment; term of office; powers
and duties.
"8034. Vice Chief of Staff: appointment; powers and duties;
succession to duties of Chief of Staff.
" 8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff:
detail.
18036. Surgeon General: appointment; grade.
118037. Judge Advocate General, Deputy Judge Advocate
General: appointment; duties.
"3038. Office of Air Force Reserve: appointment of Chief. " .
9 (2) The section heading for section 9036 is amended by
10 striking out the comma after "appointment" and inserting in
11 lieu tnereof a semicolon.
12 (3) The table of sections at the beginning of chapter 807
13 is amended by striking out the item relating to section 8072.
14 (i) Effective Date.-- The limitations provided for in
15 section 8031(d) of title 10, United States Code (as amended
15 by subsection (a) of this section), shall be effective after
17 September 31, 1988.
18 SEC. 403. COMMANDS
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1 Section 8074(a) is amended by striking out "'he" and
2 inserting in lieu thereof "Except as otherwise prescribed by
3 law or the Secretary of Defense, the".
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1 MARCH 26, 1986
2 TITLE V--GENERAL PROVISIONS
3 SEC. 501. REDUCTION IN PERSONNEL ASSIGNED TO HEADQUARTERS
4 MANAGEMENT ACTIVITIES
5 (a) In General.--(1) Not later than September 30, 1988,
6 the Secretary of Defense shall reduce the total number of
7 military and civilian personnel assigned or detailed to
3 permanent duty in the military departments and in the unified
9 and specified ccmbatant commands to perform management
10 headquarters activities or management headquarters suppcrt
1 activities by a number that is at least 13 percent of the
12 total number of personnel assigned or detailed to perform
13 such activities on September 30, 1985.
14 (2) In computing and in making the reduction required
15 under paragraph (1), the Secretary of Defense shall exclude
16 personnel In the office of the Secretary of the Army, the
17 Army Staff, the Office of the Secretary of the Navy, the
18 Office of the Chief of Naval Operations, the Headquarters,
19 Marine Corps, the Office of the Secretary of the Air Force,
23 and the Air Staff who are assigned or detailed to permanent
21 duty to perform management headquarters activities or
22 management headquarters support activities.
23 (b) Allccation of Reductions To Be Made by the Secretary
24 of Defense.--(1) The Secretary of Defense shall allocate the
25 reductions required under subsection (a) among headquarters
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1 and headquarters support activities in a manner consistent
2 with the efficient operation of the Department of Defense.
3 (2) The Secretary shall also consolidate and eliminate
4 unnecessary headquarters and headquarters support elements
5 and activities.
5 (c) Prohibition Against Certain Actions To Achieve
7 Reductions.--The personnel reduction required by subsection
9 (a) may not be accomplished by recategorizing or redefining
9 duties, functions, offices, or organizations.
10 (d) Authority of Combatant Commanders With Regard to
11 Reductions.--In the case of a reduction under this section
12 made applicable by the Secretary of Defense to a unified or
13 specified combatant command, the commander of that command,
14 after consultation with the commanders of commands directly
15 subordinated to the commander of the combatant command, shall
16 determine the manner in which the reduction shall be
17 accomplished.
18 (e) Prohibition on Future Increase.--After September 30,
19 1988, the number of civilian and military personnel assigned
20 to perform activities described in subsection (a) may not be
21 increased above a number that is 10 percent less than the
22 number of such personnel assigned or detailed to perform such
23 activities on September 30, 1988. The limitation provided in
24 this subsection shall not apply in time of war or during a
25 national emergency declared by Congress.
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1 (f) Definitions.--For purposes of this section, the terms
2 "management headquarters activities" and "management
3 headquarters support activities" have the same meanings
4 prescribed for such terms in Department of Defense Directive
5 5100.73 entitled "Department of Defense !!anagement
6 Headquarters and Headquarters Support Activities," dated
7 January 7, 1985.
9 SEC. 502. ANNUAL REPORT ON NATIONAL SECURITY STRATEGY
9 (a) Report Requirement.--The President shall submit to
13 the Committees on Armed Services and Foreign Relations of the
11 Senate and the Committees on Armed Services and Foreign
12 Affairs of the House of Representatives each year a
13 comprehensive written report on the national security
14 strategy of the United States. The President shall submit
15 such report on the same date each year on which he submits
16 the budget to Congress pursuant to section 1105 of title 31,
17 United States Code.
18 (b) Contents of Report.--The report referred to in
19 subsection (a) shall include--
20 (1) a comprehensive discussion of the vital
21 interests, goals, and objectives of the United States
22 throughout the world;
23 (2) a coordinated and comprehensive description of
24 the foreign policy, worldwide commitments, and national
25 defense capabilities of the United States necessary to
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1 deter aggression and to implement the national security
2 strategy of the United States;
3 (3) a discussion of the proposed short-term and long-
4 term uses of the political, economic, military, and other
5 elements of the national power of the United States to
6 protect or promote the interests and achieve the goals
7 and objectives referred to In clause (1);
8 (4) a discussion of the adequacy of the capabilities
9 of the United States to carry out the national security
10 strategy of the United States, Including an evaluation of
1 the balance among the capabilities of all elements of the
12 national power of the United States to support the
13 implementation of the national security strategy; and
14 (5) such other pertinent information as may be
15 necessary to help inform Congress on matters relating to
16 the overall foreign policy strategy and military strategy
17 of the United States.
18 (c) The report referred to in subsection (a) shall be
19 submitted in a classified and an unclassified form.
20 SEC. 503. WAIVER OF CERTAIN REPORTING, NOTIFICATION, AND
21 STUDY REQUIREMENTS
22 (a) In General.--Except as provided in subsection (b),
23 effective on January 1, 1987, any provision of law contained
24 in title 10 or 37, United States Code, or in any other
25 provision of law contained in any Act authorizing
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1 appropriations to or for the Department of Defense or in any
2 Act making appropriations to or for the Department of Defense
3 that requires the President or any official or employee of
4 the Department of Defense to submit in writing any report,
5 notification, or study to Congress or to any committee of
6 Congress shall not be effective to the extent that such
7 provision requires the submission in writing of such report,
8 notification, or study.
9 (b) Exceptions.--Subsection (a) of this section shall not
10 apply to any provision of law enacted on or after the date of
11 enactment of this Act or to any provision of law that
12 requires the submission of the following reports,
13 notifications, and studies:
14 (1) The annual reports, statements, and
15 recommendations required by section 133(c) of title 10,
16 United States Code, relating to the accomplishments of
17 the Department of Defense.
18 (2) The annual report required by section 133(e) of
19 such title, relating to foreign policy, major military
20 missions, and military force structure.
21 (3) The reports required by subsection (b)(5) of
22 section 139 of such title (as redesignated by section
23 104(6) of this Act) and the annual report requiree by
24 subsection (g) of such section, relating to operational
25 test and evaluation activities.
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1 (4) The annual report required by section 142 of such
2 title (as redesignated by section 104(1) of this Act),
3 relating to North Atlantic Treaty Organization readiness.
4 (5) The submission of regulations required by sectior
5 196(d) of such title (as redesignated by section 117(1)
6 of this Act), relating to certain allowances and benefits
7 for certain Defense Intelligence Agency personnel. (NOTE:
8 THIS IS THOUGHT TO BE THE REPORT REFERRED TO IN THE SPECS
9 AS THE REPORT REQUIRED BY 37 U.S.C. 431.1
10 (6) The reports required by section 1464(c) of such
!1 title, relating to the status of the Department of
12 Defense Military Retirement Fund.
13 (7) The annual report required by section 2208(k) of
14 such title, relating to the condition and operation of
15 working-capital funds.
15 (8) The notifications required by section 2233a(a)(1)
17 of such title, relating to expenditures and contributions
18 for acquisition of facilities for reserve components.
19 (9) The notifications required by section 2304(c)(7)
20 of such title, relating to the use of procurement
21 procedures other than competitive procedures.
22 (10) The notifications required by section 2306(h)(3)
23 of such title, relating to cancellation ceilings in
24 certain multiyear contracts.
25 (11) The annual report required by section 2313(d)(4)
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1 of such title, relating to subpoenas issued by the
2 Director of the Defense Contract Audit Agency to obtain
3 contractor records.
4 (12) The annual report required by section 2349 of
5 such title, relating to North Atlantic Treaty
6 organization acquisition and cross-servicing agreements.
7 (13) The notifications required by section 2394(b)(2)
8 of such title, relating to contracts for energy or fuel.
9 (14) The notifications required by subsection (e)(1)
10 of section 2403 of such title and the annual report
11 required by subsection (e)(2) of such section, relating
12 to waivers of certain requirements for contractor
13 guarantees.
14 (15) The annual report required by section 2457(d) of
15 such title, relating to the policy to standardize
16 equipment, ammunition, and fuel procured for the use of
17 United States military forces stationed in Europe under
18 the North Atlantic Treaty.
?19 (16) The reports required by subsection (a) or (e) of
20 section 2662 of such title and the annual report required
21 by subsection (b) of such section, relating to certain
22 real property transactions.
23 (17) The proposals referred to in section 2667a(b)(1)
24 of such title, relating to sale and replacement of
25 nonexcess real property.
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1 (18) The notifications required by section 2572(b) cf
2 such title, relating to acquisitions of interests in land
3 for more than $100,000.
4 (19) The notifications required by section 2676(d) of
5 such title, relating to reductions in scope and increases
6 in cost of a land acquisition.
7 (20) The notifications and submissions required by
8 section 2687(b) of such title, relating to base closures
9 and realignments.
10 (21) The annual report required by section 2779(b)(4)
11 of such title, relating to the use of funds appropriated
12 for the elimination of certain losses caused by
13 fluctuations in currency exchange rates of foreign
14 countries.
15 (22) The reports required by section 2780 of such
16 title (as reaesignated by section 104(2) of this Act),
17 relating to sales or transfers of certain defense
18 articles.
19 (23) The reports required by section 2804(b) of such
23 title, relating to military construction projects not
21 authorized by law.
22 (24) The notifications required by section 2805(h)(3)
23 of such title, relating to minor construction in
24 connection with certain relocations of activities from
25 one installation to another. [NOTE: WHAT ABOUT THE
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1 NOTIFICATION REQUIRED BY SECTION 2805(b)(2)?]
2 (25) The reports required by section 2806(c)(2) of
3 such title, relating to contributions for North Atlantic
4 Treaty Organization Infrastructure.
5 (26) The notifications required by subsection (b) of
6 section 2807 of such title and the reports required by
7 subsection (c) of such section, relating tc architectural
8 and engineering services and construction design in
9 connection with military construction or military family
10 housing projects.
1 (27) The notifications required by section 2838(b) of
12 such title, relating to military construction projects In
13 the event of a declaration of war or national emergency.
14 (28) The justifications and economic analyses
15 required by section 2809(a)(4) of such title, relating tc
16 long-term contracts for the construction, management, and
17 operation of certain facilities.
18 (29) The notifications and justifications required by
19 section 2823(b) of such title, relating to disagreements
20 on the availability of suitable alternative housing at
21 locations in the United States where family housing Is
22 proposed to be constructed.
23 (30) The notifications required by section 2827(b) of
24 such title, relating to relocation of military family
25 housing units.
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1 (31) The economic analyses required by section
2 2828(g)(6)(A) of such title, relating to leasing military
3 family housing facilities.
4 (32) The notifications required by section 2g34(b) of
5 such title, relating to agreements with the Secretary of
6 State for the use of Department of State housing and
7 related services by Department of Defense personnel.
8 (33) The notifications required by section 2853(d) of
9 such title, relating to reductions In the scope of work
10 or increases in the cost of military construction
11 projects. [NOTE: WHAT ABOUT THE REPORTS REQUIRED BY
12 SECTION 2853(e)?]
13 (34) The notifications required by section 2354(b) of
14 such title, relating to repair, restoration, or
15 replacement of damaged or destroyed military facilities.
16 (35) The annual request required by section 2859 of
17 such title, relating to military construction
18 authorizations. [NOTE: IS THE SECTION 2859 MATTER A
19 REPORT, NOTIFICATION, OR STUDY?]
20 (36) The annual report required by section 2851(a) of
21 such title, relating to military construction activities
22 and military family housing activities.
23 (37) The annual report required by section 2871(c)(3)
24 of such title (as redesignated by section 10u(8) of this
25 Act), relating to military and civilian personnel end
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1 strength levels, certain other manpower requirements,
2 base structures, and certain requirements for and
3 information on officers.
4 (38) The annual report required by section 2871(d)(2)
5 of such title (as redesignated by section 104(8) of this
6 Act), relating to average student training loads.
7 (39) The annual report required by section 2871(e) of
8 such title (as redesignated by section 104(8) of this
9 Act), relating to operations and maintenance.
10 (40)(A) The annual and supplemental reports required
'1 by section 2872 of such title (as redesignated by sectior
12 104(9) of this Act), relating to weapons development and
13 procurement schedules, including the matter required by
14 section 53(b) of the Arms Export Control Act (95 Stat.
15 1524; 22 U.S.C. 2795b(b)) to be included in such annual
16 reports.
17 (B) The notifications in lieu of such supplemental
18 reports under subsection (b) of such section 2872.
.19 (41) The Selected Acquisition Reports required by
20 section 2873 of such title (as redesignated by section
21 104(10) Of this Act).
22 (42) The notifications required by subsection (d)(3)
23 of section 2874 of such title (as redesignated by section
24 104(11) of this Act) and reports required by subsection
25 (e) of such section, relating to increases in program
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1 acquisition unit costs and procurement unit costs of
2 certain major defense acquisition programs.
3 (43) The statements and quarterly report required by
4 subsections (c) and (e) of section 709 of the Department
5 of Defense Appropriation Authorization Act, 1975 (88
6 Stat. 409; 50 U.S.C. App. 2403-1(e)), relating to the
7 export of certain goods, technology, and industrial
8 techniques.
9 (44) The notifications required by section 1201(c) of
10 the Department of Defense Authorization Act, 1984 (Public
11 Law 98-94; 97 Stat. 678), relating to transfers of
12 amounts of authorizations.
13 (45) The reports and assessments required by section
14 1231 of the Department of Defense Authorization Act, 1984
15 (Public Law 98-94; 97 Stat. 693), relating to certain
16 intercontinental ballistic missile systems.
17 (46) The reports required by section 307(b)(3) of the
18 Department of Defense Authorization Act, 1985 (98 Stat.
19 2515; 10 U.S.C. 2304 note), relating to waivers of a
20 prohibition on contracting out certain logistics
21 activities.
22 (47) The annual report required by section 1002(d)(1)
23 of the Department of Defense Authorization Act, 1985 (98
24 Stat. 2575; 22 U.S.C. 1926 note), relating to the supply
25 of munitions and certain aircraft facilities in support
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1 of the North Atlantic Treaty Organization.
2 (48) The annual report required by section 1002(d)(2)
3 of the Department of Defense Authorization Act, 1985 (98
4 Stat. 2575; 22 U.S.C. 1928 note), relating to the status
5 and cost of the United States commitment to the North
6 Atlantic Treaty organization and certain activities of
7 other NATO members.
8 (49) The annual reports required by subsections (c)
9 and (d) of section 1003 of the Department of Defense
10 Authorization Act, 1985 (93 Stat. 2576; 22 U.S.C. 1928
1 note), relating to allied contributions to the common
12 defense.
13 (50) The annual report required by section 1102 of
14 the Department of Defense Authorization Act, 1985 (98
15 Stat. 2580; 10 U.S.C. 2872 note (formerly 10 U.S.C. 139
16 note)), relating to the Strategic Defense Initiative and
17 any other antiballistic missile defense program.
18 (51) The notifications required by section 1501(c) of
19 the Department of Defense Authorization Act, 1985 (Public
20 Law 98-525; 98 Stat. 2626), relating to transfers of
21 amounts of authorizations.
22 (52) The reports required by section 1536(g) of the
23 Department of Defense Authorization Act, 1985 (98 Stat.
24 2633; 46 U.S.C. 1120 note), relating to the Commission or.
25 Merchant Marine and Defense.
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1 (53) The certification required by section 125(a)(1)
2 of the Department of Defense Authorization Act, 1986
3 (Public Law 99-145; 99 Stat. 601), relating to any new
4 contract for the procurement of 5-ton trucks.
5 (54) The legislative environmental impact statement
6 required by section 209(c) of the Department of Defense
7 Authorization Act, 1986 (Public Law 99-145; 99 Scat.
8 610), relating to full-scale development of a small
9 intercontinental ballistic missile or the selection of
13 basing areas for the deployment of such missile.
11 (55) The certification required by section 222 of the
12 Department of Defense Authorization Act, 1986.(Public Law
13 99-145; 99 Stat. 613), relating to termination of a
14 prohibition of deployment of a strategic defense system.
15 (56) The reports required by section 223 of the
16 Department of Defense Authorization Act, 1986 (Public Law
17 99-145; 99 Stat. 613), relating to the Strategic Defense
18 Initiative.
19 (57) The quarterly reports required by section 502(c)
20 of the Department of Defense Authorization Act, 1986
21 (Public Law 99-145; 99 Stat. 621), relating to the
22 obligation of funds appropriated for civilian personnel.
23 (58) The annual report required by section 1221(d)(2)
24 of the Department of Defense Authorization Act, 1986
25 (Public Law 99-145; 99 Stat. 727), relating to a research
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1 program to support the polygraph activities of the
2 Department of Defense. [NOTE: WHAT ABOUT THE REPORT
3 REQUIRED BY SECTION 1221(c)(2)?]
4 (59) The annual reports required by section 1407 of
5 the Department of Defense Authorization Act, 1986 (Public
5 Law 99-145; 99 Stat. 745), relating to unobiigated
7 balances in appropriation accounts.
8 (60)(A) The certifications required by subsections
9 (b) and (c)(2) of section 1411 of the Department of
10 Defense Authorization Act, 1986 (Public Law 99-145; 99
1 Stat. 745), relating to the procurement or assembly of
12 binary chemical weapons.
13 (B) The report required by subsection (e) of such
14 section, relating to consultations among NATO member
15 nations concerning NATO's chemical deterrent posture.
16 (61)(A) The requirements to transmit copies of
17 international agreements, as provided in subsections (b)
18 and (c) of section 405 of the Military Construction
19 Nuthorization Act, 1981 (Public Law 90-418; 94 Stat.
20 1761), relating to the construction of contingency
21 facilities.
22 (B) The reports required by subsection (d) of such
23 section, relating to plans for such construction. (NOTE:
24 DO YOU WANT THIS REQUIREMENT INCLUDED IN THIS EXCEPTION?]
25 (62).The annual reports required by section 724 of
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1 the Military Construction Authorization Act, 1982 (Public
2 Law 97-99; 95 Stat. 1377), relating to contracts for
3 construction in the United States and its possessions.
4 (63) The economic analyses required by section
5 802(d)(1) of the Military Construction Authorization Act,
6 1984 (97 Stat. 784; 10 U.S.C. 2821 note), relating to
7 proposed military housing rental guarantee agreements.
8 (64) The notifications required by section 803(b)(2)
9 of the Military Construction Authorization Act, 1984 (97
10 Stat. 785; 10 U.S.C. 2821 note), relating to waivers of a
11 requirement to use manufactured or factory-built housing
12 fabricated in the United States by a United States
13 contractor for military family housing construction in
14 foreign countries.
15 (65) The report required by section 840(d) of the
16 Military Construction Authorization Act, 1986 (Public Law
17 99-167; 99 Stat. 998), relating to the sale of land at
18 Fort Jackson, South Carolina.
19 (66) The notifications required by the proviso in
23 section 8005(m) of the Department of Defense
21 Appropriations Act, 1985 (as contained in section 101(h)
22 of the Joint Resolution entitled "Joint Resolution
23 making continuing appropriations for fiscal year 1985,
24 and for other purposes", approved October 12, 1984
25 (Public Law 98-473; 98 Stat. 1923)), relating to unusual
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1 cost overruns incident to overhaul, maintenance, and
2 repair for certain ships.
3 (57) The annual report required by section 8104(b) of
4 the Department of Defense Appropriations Act, 1985 (as
5 contained in section 101(h) of the Joint Resolution
6 entitled "Joint Resolution making continuing
7 appropriations for fiscal year 1985, and for other
8 purposes", approved October 12, 1984 (Public Law 98-473;
9 98 Stat. 1942; 10 U.S.C. 2872 note (formerly 10 U.S.C.
13 139 note))), relating to consultations with members of
'1 common defense alliances concerning Strategic Defense
12 Initiative research.
13 (68) The notifications required by section 8020 or
14 8021 of the Department of Defense Appropriations Act,
15 1986 (as contained in section 101(b) of the Joint
16 Resolution entitled "Joint Resolution making further
17 continuing appropriations for the fiscal year 1986, and
18 for other purposes", approved December 19, 1985 (Public
19 Law 99-190; 99 Stat. 1206)), relating to transfers of
20 working capital funds.
21 (69) The notifications required by section 8021 of
22 the Department of Defense Appropriations Act, 1985 (as
23 contained in section 101(b) of the Joint Resolution
24 entitled "Joint Resolution making further continuing
25 appropriations for the fiscal year 1986, and for ether
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1 purposes", approved December 19, 1985 (Public Law 99-
2 190; 99 Stat. 1206)), relating to the obligation of
3 working capital funds to procure war reserve material
4 inventory.
5 (70) The notifications required by section 8342 of
6 the Department of Defense Appropriations Act, 1986 (as
7 contained in section 101(b)) of the Joint Resolution
8 entitled "Joint Resolution making further continuing
9 appropriations for the fiscal year 1986, and for other
10 purposes", approved December 19, 1985 (Public Law 99-
'1 190; 99 Stat. 1210)), relating to the availability of
12 appropriated funds for intelligence or special activities
13 different from activities justified to the Congress.
14 (71) The notification required by section 8075 of the
13 Department of Defense Appropriations Act, 1986 (as
16 contained in section 101(b) of the Joint Resolution
17 entitled "Joint Resolution making further continuing
18 appropriations for the fiscal year 1986, and for other
19 purposes", approved December 19, 1985 (Public Law 99-
20 190; 99 Stat. 1214)), relating to the acquisition of
21 certain types of weapons, subsystems, and munitions of
22 European NATO manufacture.
23 (72) The certification required by section 8097 of
24 the Department of Defense Appropriations Act, 1986 (as
25 contained in section 101(b) of the Joint Resolution
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1 entitled "Joint Resolution making further continuing
2 appropriations for the fiscal year 1986, and for other
3 purposes ", approved December 19, 1985 (Public Law 99-
4 190; 99 Stat. 1219)), relating to the obligation or
5 expenditure of funds to carry out a test of the Space
6 Defense System (anti-satellite weapon) against an object
7 in space.
8 (73) The annual report required by the third proviso
9 in the undesignated paragraph under the heading "Foreign
10 Currency Fluctuation, Construction, Defense" in the
11 Military Construction Appropriation Act, 1980 (Public Law
12 96-130; 93 Stat. 1019), relating to transfers of
13 appropriated funds to eliminate losses in military
14 construction or expenses of family housing caused by
15 fluctuations in foreign currency exchange rates of
16 foreign countries.
17 (74) The reports required by section 125(a) of the
18 Military Construction Appropriations Act, 1985 (as
19 contained in section 101(e) of the Joint Resolution
20 entitled "Joint Resolution making continuing
21 appropriations for fiscal year 1985, and for other
22 purposes", approved October 12, 1984 (Public Law 98-473;
23 99 Stat. 1883)), relating to terminations of a
24 prohibition on the availability of appropriated military
25 construction funds to foreign governments ineligible to
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1 receive such funds by reason of inadequate drug control
2 measures.
3 (75)(A). The semiannual report required by section
4 5(b) of the Inspector General Act of 1978 (5 U.S.C. App.
5 3), relating to activities of the Inspector General of
6 the Department of Defense.
7 (B) The reports required by section 5(d) of such Act
3 (5 U.S.C. App. 3), relating to particular cases of
9 problems, abuses, or deficiencies which have come to the
10 attention of the Inspector General of the Department of
l1 Defense.
12 (C) The statements required by paragraphs (3) and (4)
13 of section 8(b) of such Act (5 U.S.C. App. 3), relating
14 to the exercise of certain authority of the'Secretary cf
15 Defense with respect to the activities of the Inspector
16 General of the Department of Defense. [NOTE: THESE
17 PROVISIONS MAY NOT BE COVERED BY THE SUNSET RULE
18 PRESCRIBED IN SUBSECTION (a).]
19 (76) The requirement to furnish information and to
23 report to Congress concerning Intelligence activities as
21 provided in subsections (a) and (b) of section 501 of the
22 National Security Act of 1947 (50 U.S.C. 413). [NOTE:
23 THIS MAY NOT BE COVERED BY THE SUNSET RULE PRESCRIBED IN
24 SUBSECTION (a).]
25 (77) The notifications required by section 5C2(a) of
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1 the National Security Act of 1947 (50 U.S.C. 414(a))
2 relating to the obligation or expenditure of funds from
3 the Reserve for Contingencies of the Central Intelligence
4 Agency and the obligation or expenditure of funds for
5 significant anticipated intelligence activities. (NOTE:
6 THIS MAY NOT BE COVERED BY THE SUNSET RULE PRESCRIBED IN
7 SUBSECTION (a).]
8 [ GENERAL NOTES: (1) THERE IS NO 10 U.S.C. 2984, THE
9 CITATION GIVEN FOR THE REPORT ON INTERNATIONAL DRUG CONTROL.
10 (2) 19 U.S.C. 2674, RELATING TO MINOR CONSTRUCTION WAS
11 REPEALED BY SECTION 7(1) OF PUBLIC LAW 97-214.]
12 SEC. 504. EFFECTIVE DATE
13 Except as otherwise provided in this Act, the provisions
14 of this Act and the amendments made by this Act shall take
15 effect on such date or dates as the Secretary of Defense may
16 specify, but in no event may the effective date for any
17 provision or amendment be later than 180 days following the
18 date of the enactment of this Act.
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