100 STAT. 1002 10 USC 114. PUBLIC LAW 99-433-OCT. 1, 1986 “§ 114. Annual authorization of appropriations"; (2) by transferring subsection (h) to the end of section 113 (as transferred and redesignated by section 101(a) and amended by section 102) and redesignating such subsection as subsection (i); (3) by striking out "(as defined in subsection (f))" in subsection (aX6); (4) by inserting after subsection (a) the following: “§ 115. Annual authorization of personnel strengths; annual manpower requirements report"; (5) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; (6) by inserting after such subsection (c) (as so redesignated) the following: "§ 116. Annual operations and maintenance report"; (7) by redesignating subsection (e) as subsection (a); (8) by transferring subsection (fX(1) to the end of section 114 (as determined by the amendments made by this subsection) and striking out "(X1)" therein and inserting in lieu thereof "(b)"; (9) by striking out “(2) In subsection (e)” and inserting in lieu thereof "(b) In this section"; (10) by striking out “(Á) ‘Combat" and "(B) 'Major" and inserting in lieu thereof "(1) The term 'combat" and "(2) The term 'major", respectively; and (11) by transferring subsections (g) and (i) to the end of section 114 (as determined by the amendments made by this subsection) and redesignating such subsections as subsections (c) and (d), respectively. (c) TECHNICAL AMENDMENTS.-(1) Section 133 (as redesignated by section 101(a)) is amended by inserting "of Defense" in subsection (a) after "Under Secretary". (2) The heading of chapter 3 is amended to read as follows: "CHAPTER 3-GENERAL POWERS AND FUNCTIONS". (d) REVISED SECTION HEADINGS.-(1) The heading of section 112 (as redesignated by section 101(a)) is amended to read as follows: "§ 112. Department of Defense: seal". (2) The heading of section 113 (as redesignated by section 101(a)) is amended to read as follows: "§ 113. Secretary of Defense". (3) The heading of section 117 (as redesignated by section 101(a)) is amended to read as follows: "8 117. Annual report on North Atlantic Treaty Organization readiness". (4) The heading of section 127 (as redesignated by section 101(a)) is amended to read as follows: "§ 127. Emergency and extraordinary expenses". (5) The heading of section 128 (as redesignated by section 101(a)) is amended to read as follows: PUBLIC LAW 99-433-OCT. 1, 1986 "§ 128. Funds transfers for foreign cryptologic support". 100 STAT. 1003 (6) The heading of section 130 (as redesignated by section 101(a)) is amended to read as follows: "§ 130. Authority to withhold from public disclosure certain technical data". (7) The heading of section 132 (as redesignated by section 101(a)) is amended to read as follows: "§ 132. Deputy Secretary of Defense". (8) The heading of section 133 (as redesignated by section 101(a)) is amended to read as follows: "§ 133. Under Secretary of Defense for Acquisition”. (9) The heading of section 136 is amended to read as follows: "§ 136. Assistant Secretaries of Defense". (10) The heading of section 138 (as redesignated by section 101(a)) is amended to read as follows: "§ 138. Director of Operational Test and Evaluation”. (11) The heading of section 139 (as redesignated by section 101(a)) is amended to read as follows: "§ 139. General Counsel". (12) The heading of section 2431 (as redesignated by section 101(a)) is amended to read as follows: "§ 2431. Weapons development and procurement schedules". (13) The heading of section 2432 (as redesignated by section 101(a)) is amended to read as follows: "§ 2432. Selected Acquisition Reports". (14) The heading of section 2433 (as redesignated by section 101(a)) is amended to read as follows: "§ 2433. Unit cost reports". (15) The heading of section 2434 (as redesignated by section 101(a)) is amended to read as follows: "§ 2434. Independent cost estimates". (e) Clerical Amendments for Reorganization of Chapter 4.(1) The table of sections at the beginning of chapter 3 is amended by adding at the end the following new items: "127. Emergency and extraordinary expenses. "128. Funds transfers for foreign cryptologic support. "129. Prohibition of certain civilian personnel management constraints. "130. Authority to withhold from public disclosure certain technical data.". (2) The table of sections at the beginning of chapter 4 is amended to read as follows: "Sec. "131. Office of the Secretary of Defense. "132. Deputy Secretary of Defense. "133. Under Secretary of Defense for Acquisition. "134. Under Secretary of Defense for Policy. "135. Director of Defense Research and Engineering. (g) CROSS REFERENCE AMENDMENTS TO TITLE 10.-1) Section 138(aX2XB) (as redesignated by section 101(a)) is amended by striking out "section 139a(a)(1)" and inserting in lieu thereof "section 2432(aX1)". (2) Section 1621(3) is amended by striking out "section 139a(a)(1)” and inserting in lieu thereof "section 2432(a)(1)". (3) Section 2305a(d) is amended (A) by striking out "section 139a(a)" in paragraph (1) and inserting in lieu thereof "section 2432(a)"; and (B) by striking out "section 139a(aX1XB)" both places it appears in paragraph (2) and inserting in lieu thereof "section 2432(aX1XB)". (4) Section 2362(e)(2) is amended by striking out "section 139a" and inserting in lieu thereof "section 2432". (5) Section 2403(e) is amended by striking out "section 139a" in paragraphs (1) and (2) and inserting in lieu thereof “section 2432”. (6) Section 2431 (as redesignated by section 101(a)) is amended by striking out "section 138(a)" in subsection (a) and inserting in lieu thereof "section 114(a)". (7) Section 2432(c) (as redesignated by section 101(a)) is amended by striking out "section 139" in subsection (cX1) and inserting in lieu thereof "section 2431". (8) Section 2433 (as redesignated by section 101(a)) is amended(A) by striking out "section 139a(a)" in subsection (aX1) and inserting in lieu thereof "section 2432(a)"; and (B) by striking out "section 139a(b)(3)" in subsection (b) and inserting in lieu thereof "section 2432(b)(3)". (9) Section 2434(b)(1) (as redesignated by section 101(a)) is amended by striking out "section 139a(a)(1)" and inserting in lieu thereof "section 2432(a)(1)”. (10) Section 8062(e) is amended by striking out "section 138" and inserting in lieu thereof "section 114". (h) CROSS REFERENCE AMENDMENTS TO OTHER ACTS.-(1) Section 51(c)1) of the Arms Export Control Act (22 U.S.C. 2795(c)1)) is amended by striking out "section 138(g)" and inserting in lieu thereof "section 114(c)". (2) Section 53(b) of the Arms Export Control Act (22 U.S.C. 2795b(b)) is amended by striking out "section 139(a)” and inserting in lieu thereof "section 2431(a)”. (3) Section 303(c) of the Internal Security Act of 1950 (50 U.S.C. 833(c)) is amended by striking out "section 133(d)" and inserting in lieu thereof "section 113(d)”. TITLE II-MILITARY ADVICE AND COMMAND FUNCTIONS PART A-JOINT CHIEFS OF STAFF SEC. 201. REVISED FUNCTIONS OF CHAIRMAN; ESTABLISHMENT OF VICE Chapter 5 is amended to read as follows: PUBLIC LAW 99-433-OCT. 1, 1986 100 STAT. 1005 "Sec. "CHAPTER 5—JOINT CHIEFS OF STAFF "151. Joint Chiefs of Staff: composition; functions. "152. Chairman: appointment; rank. "153. Chairman: functions. "154. Vice Chairman. "155. Joint Staff. "§ 151. Joint Chiefs of Staff: composition; functions "(a) COMPOSITION.-There are in the Department of Defense the Joint Chiefs of Staff, headed by the Chairman of the Joint Chiefs of Staff. The Joint Chiefs of Staff consist of the following: "(1) The Chairman. "(2) The Chief of Staff of the Army. "(4) The Chief of Staff of the Air Force. "(5) The Commandant of the Marine Corps. "(b) FUNCTION as Military Advisers.-(1) The Chairman of the Joint Chiefs of Staff is the principal military adviser to the President, the National Security Council, and the Secretary of Defense. "(2) The other members of the Joint Chiefs of Staff are military advisers to the President, the National Security Council, and the Secretary of Defense as specified in subsections (d) and (e). "(c) CONSULTATion by Chairman.—(1) In carrying out his functions, duties, and responsibilities, the Chairman shall, as he considers appropriate, consult with and seek the advice of "(A) the other members of the Joint Chiefs of Staff; and "(B) the commanders of the unified and specified combatant commands. "(2) Subject to subsection (d), in presenting advice with respect to any matter to the President, the National Security Council, or the Secretary of Defense, the Chairman shall, as he considers appropriate, inform the President, the National Security Council, or the Secretary of Defense, as the case may be, of the range of military advice and opinion with respect to that matter. "(d) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN.— (1) A member of the Joint Chiefs of Staff (other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Chairman to the President, the National Security Council, or the Secretary of Defense. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time he presents his own advice to the President, the National Security Council, or the Secretary of Defense, as the case may be. "(2) The Chairman shall establish procedures to ensure that the presentation of his own advice to the President, the National Security Council, or the Secretary of Defense is not unduly delayed by reason of the submission of the individual advice or opinion of another member of the Joint Chiefs of Staff. "(e) ADVICE ON REQUEST.-The members of the Joint Chiefs of Staff, individually or collectively, in their capacity as military advisers, shall provide advice to the President, the National Security Council, or the Secretary of Defense on a particular matter when the President, the National Security Council, or the Secretary requests such advice. 10 USC 151. 100 STAT. 1006 10 USC 152. PUBLIC LAW 99-433-OCT. 1, 1986 "(f) RECOMMENDATIONS TO CONGRESS.-After first informing the Secretary of Defense, a member of the Joint Chiefs of Staff may make such recommendations to Congress relating to the Department of Defense as he considers appropriate. "g) MEETINGS OF JCS. (1) The Chairman shall convene regular meetings of the Joint Chiefs of Staff. "(2) Subject to the authority, direction, and control of the President and the Secretary of Defense, the Chairman shall "(A) preside over the Joint Chiefs of Staff; "(B) provide agenda for the meetings of the Joint Chiefs of Staff (including, as the Chairman considers appropriate, any subject for the agenda recommended by any other member of the Joint Chiefs of Staff); "(C) assist the Joint Chiefs of Staff in carrying on their business as promptly as practicable; and "(D) determine when issues under consideration by the Joint Chiefs of Staff shall be decided. "§ 152. Chairman: appointment; rank "(a) APPOINTMENT; TERM OF OFFICE.-(1) There is a Chairman of the Joint Chiefs of Staff, appointed by the President, by and with the advice and consent of the Senate, from the officers of the regular components of the armed forces. The Chairman serves at the pleasure of the President for a term of two years, beginning on October 1 of odd-numbered years. Subject to paragraph (3), an officer serving as Chairman may be reappointed in the same manner for two additional terms. However, in time of war there is no limit on the number of reappointments. "(2) In the event of the death, retirement, resignation, or reassignment of the officer serving as Chairman before the end of the term for which the officer was appointed, an officer appointed to fill the vacancy shall serve as Chairman only for the remainder of the original term, but may be reappointed as provided in paragraph (1). (3) An officer may not serve as Chairman or Vice Chairman of the Joint Chiefs of Staff if the combined period of service of such officer in such positions exceeds six years. However, the President may extend to eight years the combined period of service an officer may serve in such positions if he determines such action is in the national interest. The limitations of this paragraph do not apply in time of war. "(b) REQUIREMENT FOR APPOINTMENT.-(1) The President may appoint an officer as Chairman of the Joint Chiefs of Staff only if the officer has served as "(A) the Vice Chairman of the Joint Chiefs of Staff; "(B) the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, or the Commandant of the Marine Corps; or "(C) the commander of a unified or specified combatant command. "(2) The President may waive paragraph (1) in the case of an officer if the President determines such action is necessary in the national interest. "(c) GRADE AND RANK.-The Chairman, while so serving, holds the grade of general or, in the case of an officer of the Navy, admiral and outranks all other officers of the armed forces. However, he may not exercise military command over the Joint Chiefs of Staff or any of the armed forces. |