Legislation on Foreign Relations Through ...

(2) Section 612 of the Military Construction Authorization Act, 1967, as amended (31 U.S.C. 723a);

(3) Section 719 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2168); and

(4) Section 111 of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 759).

3. Armed Forces Legislation

a. Title 10, United States Code

§ 113.1 Secretary of Defense * * *

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

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

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

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

(i) (1) 5 The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries. 6

1 Sec. 113 was originally codified at sec. 133 of 10 U.S.C. The Department of Defense Reorganization Act of 1986 (Public Law 99-433; 100 Stat. 1074) redesignated sec. 133 of 10 U.S.C. as sec. 113 and modified the section title.

2 Subsec. (e) was comprehensively amended by sec. 603 of the DOD Reorganization Act of 1986 (Public Law 99-433; 100 Stat. 1074).

3 For text of sec. 104 of the National Security Act of 1947, 50 U.S.C. 404a, see Legislation on Foreign Relations Through 1993, vol. IV, sec. N.

* Sec. 1322(a)(1) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1671) struck out previous subsec. (i) and redesignated subsecs. (j) through (1) as (i) through (k), respectively. Former subsec. (i) was originally enacted by sec. 1105 of the DOD Authorization Act, 1983 (Public Law 97-252; 96 Stat. 739) as subsec. (h) of sec. 138 (now sec. 114); and was redesignated as a subsec. of sec. 113 by the DOD Reorganization Act of 1986 (Public Law 99-433). It read as follows:

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

Subsec. (1), redesignated from subsec. (j) by sec. 1322(a)(1) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1671), was added by sec. 1214 of the National Defense Authorization Act, 1988 and 1989 (Public Law 100-180; 101 Stat. 1157).

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

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

(2) 5 Each such report shall

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

(B) include an examination of the trends experienced in those capabilities and programs during the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during the five years covered by the five-year defense program 7 submitted to Congress during that year pursuant to section 114(g) of this title;

(C) include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the armed forces of the United States on short notice to meet a resurgent or increased threat to the national security of the United States:

(D) 8 reflect, in the overall assessment and in the strategic and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the budget submitted to Congress under section 1105 of title 31 in the year in which the report is submitted and in the five-year defense program submitted in such year; and

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

(3) 5 The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the President submits the budget to Congress under section 1105 of title 31 in that year. Such report shall be transmitted in both classified and unclassified form.

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

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

(B) The costs incurred outside the United States in connection with operating, maintaining, and supporting United States forces outside the United States, including all direct and indi

7 Sec. 1622 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1604) made technical corrections here (formerly read "Five-Year Defense Program"). 8 Sec. 341 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1343) redesignated subpars. (C) and (D) as (D) and (E), respectively, and added a new subpar. (C).

Sec. 1(0)(1) of Public Law 100-370 (102 Stat. 850) added subsec. (j) as (k), redesignated as subsec. (j) by the National Defense Authorization Act of 1991 (Public Law 101-510; 104 Stat. 1671).

See also sec. 901 of Public Law 101-510 (104 Stat. 1619), requiring "National Military Strategy Reports", page 462.

rect expenditures of United States funds in connection with such stationing.

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

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

(k) 10 The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the Secretaries of the military departments and to the commanders of the combatant commands written guidelines to direct the effective detection and monitoring of all potential aerial and maritime threats to the national security of the United States. Those guidelines shall include guidance on the specific force levels and specific supporting resources to be made available for the period of time for which the guidelines are to be in effect.

§ 114.11 Annual authorization of appropriations *

(c) 12 (1) 13 The size of the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.14

(2) 13 (2) Notwithstanding section 37(a) of the Arms Export Control Act (22 U.S.C. 2777(a)), amounts received by the United States pursuant to subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C. 2761(a)(1))—

(A) shall be credited to the Special Defense Acquisition Fund established pursuant to chapter 5 of that Act (22 U.S.C. 2795 et seq.), as authorized by section 51(b)(1) of that Act (22 U.S.C. 2795(b)(1)), but subject to the limitation in paragraph (1) and other applicable law; and

(B) to the extent not so credited, shall be deposited in the Treasury as miscellaneous receipts as provided in section 3302(b) of title 31.

10 Sec. 1101 of Public Law 100-456 (102 Stat. 2042) added subsec. 1, redesignated subsec. (k) by the National Defense Authorization Act of 1991 (Public Law 101-510; 104 Stat. 1671).

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

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

13 Sec. 1481(a) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1704) added par. designation (1) in subsec, (c) and added new par. (2).

14 Earlier limits included program ceilings of $300,000,000 for fiscal year 1982; $600,000,000 for fiscal year 1983 and $900,000 for fiscal year 1984 and any fiscal year thereafter. Sec. 1403 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 743), changed the amount of the program ceiling to $1,000,000,000. Sec. 1304(a) of Public Law 99-661 increased the ceiling to $1,070,000,000. For the text of chapter 5 of the Arms Export Control Act, see Legislation on Foreign Relations Through 1993, vol. 1—A.

§ 124.17 Detection and monitoring of aerial and maritime transit of illegal drugs: Department of Defense to be lead agency

(a) LEAD AGENCY. (1) 18 The Department of Defense shall serve as the single lead agency of the Federal Government for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States.

(2) 18 The responsibility conferred by paragraph (1) shall be carried out in support of the counter-drug activities of Federal, State, local, and foreign law enforcement agencies.

(b) PERFORMANCE OF DETECTION AND MONITORING FUNCTION.—(1) To carry out subsection (a), Department of Defense personnel may operate equipment of the Department to intercept a vessel or an aircraft detected outside the land area of the United States for the purposes of

(A) identifying and communicating with that vessel or aircraft; and

(B) directing that vessel or aircraft to go to a location designated by appropriate civilian officials.

(2) In cases in which a vessel or an aircraft is detected outside the land area of the United States, Department of Defense personnel may begin or continue pursuit of that vessel or aircraft over the land area of the United States.

15 Sec. 117 was repealed by sec. 1301(1) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1668). Sec. 117 had required an annual report on North Atlantic Treaty Organization readiness, to be prepared by the Secretary of Defense and submitted to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives. Sec. 117 was originally enacted as sec. 808 of Public Law 96-107 (DOD Authorization Act, 1980). Public Law 97-295 (96 Stat. 1287) made technical changes to the text of sec. 808, codified it at 10 U.S.C. 133a, and repealed sec. 808 of Public Law 96-107. The Department of Defense Reorganization Act of 1986 (Public Law 99-433 ) redesignated sec. 133a as sec. 117 and modified the section title.

16 Sec. 118 was repealed by sec. 1301(2) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1668). Sec. 118 had required the Secretary of Defense to report to Congress the possible impact of any defense article transfer or sale valued at $50,000,000 or more. Sec. 118 was originally enacted as sec. 813 of Public Law 94–106 (DOD Authorization Act, 1976). Sec. 814 of Public Law 95-79 (DOD Authorization Act, 1978) amended sec. 813 by adding the requirement for information contained in par. (3). Sec. 1104 of Public Law 97– 252 (DOD Authorization Act, 1983) further amended sec. 813 by increasing the dollar amount specified in the first sentence from $25,000,000 to $50,000,000. Public Law 97-295 (96 Stat. 1287) made technical changes to the text of sec. 813, codified it at 10 U.S.C. 133b, and repealed sec. 813 of Public Law 94-106, sec. 814 of Public Law 95-79, and sec. 1104 of Public Law 97-252. The Department of Defense Reorganization Act of 1986 (Public Law 99-433) redesignated sec. 133b of 10 U.S.C. as sec. 118.

17 Sec. 1202(a) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1563) added sec. 124.

See also Sec. 1043 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2492).

1 Sec. 1088(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1485) added par. designation (1) and added new par. (2).

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