USC Chapter 23

USC Chapter 23
in effect

10 U.S.C. § 480 Reports to Congress: submission in electronic form

(a) Requirement.—Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium. (b) Exception.—Subsection (a) does not apply to a report submitted in classified form. (c) Definition.—In this section, the term “report” includes any certification, notification, or other communication in writing.

10 U.S.C. § 481 Racial and ethnic issues; gender issues: surveys

(a) In General.—(1) The Secretary of Defense shall carry out four surveys in accordance with this section to identify and assess racial and ethnic issues and discrimination, and to identify and assess gender issues and discrimination, among members of the armed forces. Each such survey shall be conducted so as to identify and assess the extent (if any) of activity among such members that may be seen as so-called “hate group” activity. (2) The four surveys shall be as follows:(A) To identify and assess racial and ethnic issues and discrimination among members of the armed forces serving on active duty. (B) To identify and assess racial and ethnic issues and discrimination among members of the armed forces in the reserve components. (C) To identify and assess gender issues and discrimination among members of the armed forces serving on active duty. (D) To identify and assess gender issues and discrimination members of the armed forces in the reserve components. (3) The surveys under this section relating to racial and ethnic issues and discrimination shall be known as the “Armed Forces Workplace and Equal Opportunity Surveys”. The surveys under this section relating to gender issues and discrimination shall be known as the “Armed Forces Workplace and Gender Relations Surveys”. (4) Each survey under this section shall be conducted separately from any other survey conducted by the Department of Defense. (b) Armed Forces Workplace and Equal Opportunity Surveys.—The Armed Forces Workplace and Equal Opportunity Surveys shall be conducted so as to solicit information on racial and ethnic issues, including issues relating to harassment and discrimination, and the climate in the armed forces for forming professional relationships among members of the armed forces of various racial and ethnic groups. Both such surveys shall be conducted so as to solicit information on the following:(1) Indicators of positive and negative trends for professional and personal relationships among members of all racial and ethnic groups. (2) The effectiveness of Department of Defense policies designed to improve relationships among all racial and ethnic groups. (3) The effectiveness of current processes for complaints on and investigations into racial and ethnic discrimination. (c) Armed Forces Workplace and Gender Relations Surveys.—The Armed Forces Workplace and Gender Relations Surveys shall be conducted so as to solicit information on gender issues, including issues relating to gender-based harassment, assault (including unwanted sexual contact), and discrimination, and the climate in the armed forces for forming professional relationships between male and female members of the armed forces. Both such surveys shall be conducted so as to solicit information on the following:(1) Indicators of positive and negative trends for professional and personal relationships between male and female members of the armed forces. (2) The specific types of assault (including unwanted sexual contact) that have occurred, and the number of times each respondent has been assaulted during the preceding year. (3) Indicators of the assault (including unwanted sexual contact) that give reason to believe that the victim was targeted, or discriminated against, or both, for a status in a group. (4) The effectiveness of Department of Defense policies designed to improve professional relationships between male and female members of the armed forces. (5) The effectiveness of current processes for complaints on and investigations into gender-based discrimination, harassment, and assault (including unwanted sexual contact). (6) Any other issues relating to discrimination, harassment, or assault (including unwanted sexual contact) as the Secretary of Defense considers appropriate. (d) When Surveys Required.—(1) The Armed Forces Workplace and Gender Relations Surveys of the Active Duty and the Armed Forces Workplace and Gender Relations Survey of the Reserve Components shall each be conducted once every two years. The surveys may be conducted within the same year or in two separate years, and shall be conducted in a manner designed to reduce the burden of the surveys on members of the armed forces. (2) The two Armed Forces Workplace and Equal Opportunity Surveys shall be conducted at least once every four years. The surveys may be conducted within the same year or in two separate years, and shall be conducted in a manner designed to reduce the burden of the surveys on members of the armed forces. (3)(A) The Secretary of Defense may postpone the conduct of a survey under this section if the Secretary determines that conducting such survey is not practicable due to a war or national emergency declared by the President or Congress. (B) The Secretary shall ensure that a survey postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate. (C) The Secretary shall notify Congress of a determination under subparagraph (A) not later than 30 days after the date on which the Secretary makes such determination. (e) Reports to Congress.—Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey. (f) Inapplicability to Coast Guard.—This section does not apply to the Coast Guard.

10 U.S.C. § 481a Workplace and gender relations issues: surveys of Department of Defense civilian employees

(a) In General.—(1) The Secretary of Defense shall carry out every other fiscal year a survey of civilian employees of the Department of Defense to solicit information on gender issues, including issues relating to gender-based assault (including unwanted sexual contact), harassment, and discrimination, and the climate in the Department for forming professional relationships between male and female civilian employees of the Department. (2) Each survey under this section shall be known as a “Department of Defense Civilian Employee Workplace and Gender Relations Survey”. (b) Elements.—Each survey conducted under this section shall be conducted so as to solicit information on the following:(1) Indicators of positive and negative trends for professional and personal relationships between male and female civilian employees of the Department of Defense. (2) The specific types of assault (including unwanted sexual contact) on civilian employees of the Department by other personnel of the Department (including contractor personnel) that have occurred, and the number of times each respondent has been so assaulted during the preceding fiscal year. (3) The effectiveness of Department policies designed to improve professional relationships between male and female civilian employees of the Department. (4) The effectiveness of current processes for complaints on and investigations into gender-based assault (including unwanted sexual contact), harassment, and discrimination involving civilian employees of the Department. (5) Any other issues relating to assault (including unwanted sexual contact), harassment, or discrimination involving civilian employees of the Department that the Secretary considers appropriate. (c) Report to Congress.—Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey. (d) Postponement.—(1) The Secretary of Defense may postpone the conduct of a survey under this section if the Secretary determines that conducting such survey is not practicable due to a war or national emergency declared by the President or Congress. (2) The Secretary shall ensure that a survey postponed under paragraph (1) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate. (3) The Secretary shall notify Congress of a determination under paragraph (1) not later than 30 days after the date on which the Secretary makes such determination.

10 U.S.C. § 482 Readiness reports

(a) Reports and Briefings.—(1) Not later than 30 days after the end of the second and fourth quarter of each calendar year, the Secretary of Defense shall submit to Congress a report regarding the military readiness of the active and reserve components and the Space Force. The Secretary of Defense shall submit each such report in writing and shall also submit a copy of each such report to the Chairman of the Joint Chiefs of Staff. (2) Not later than 30 days after the end of the first and third quarter of each calendar year, the Secretary of Defense shall provide to Congress a briefing regarding the military readiness of the active and reserve components and the Space Force. (3) Each report under this subsection shall contain the elements required by subsection (b) for the quarter covered by the report, and each briefing shall address any changes to the elements described in subsection (b) since the submittal of the most recently submitted report. (b) Required Elements.—The elements described in this subsection are each of the following:(1) A description of each readiness problem or deficiency that affects the ground, sea, air, space, cyber, or special operations forces, and any other area determined appropriate by the Secretary of Defense. (2) The key contributing factors, indicators, and other relevant information related to each identified problem or deficiency. (3) The short-term mitigation strategy the Department will employ to address each readiness problem or deficiency until a resolution is in place, as well as the timeline, cost, and any legislative remedies required to support the resolution. (4) A summary of combat readiness ratings for the key force elements assessed, including specific information on personnel, supply, equipment, and training problems or deficiencies that affect the combat readiness ratings for each force element. (5) The total number of upgrades and the total number of downgrades of the combat readiness of a unit that were issued by the commander of the unit, disaggregated by armed force. (6) A summary of the readiness of supporting capabilities, including infrastructure, prepositioned equipment and supplies, and mobility assets, and other supporting logistics capabilities. (7) A summary of the readiness of the combat support and related agencies, any readiness problem or deficiency affecting any mission essential tasks of any such agency, and actions recommended to address any such problem or deficiency. (8) A list of all Class A and Class B mishaps, and a summary count of all Class C mishaps, that occurred in operations related to combat support and training events involving aviation, ground, or naval platforms, weapons, space, or Government vehicles, as defined by Department of Defense Instruction 6055.07, or a successor instruction. (9) Information on the extent to which units of the armed forces have removed serviceable parts, supplies, or equipment from one vehicle, vessel, or aircraft in order to render a different vehicle, vessel, or aircraft operational. (10) Information regarding the extent to which any member of the armed forces is assigned or detailed outside the member’s unit or away from training in order to perform any function that had previously been performed by civilian employees of the Federal Government. (11) A summary of the joint medical estimate under section 732(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817) prepared by the Joint Staff Surgeon, with a mitigation plan to correct any readiness problem or deficiency and the timeline, cost, and any legislative action required to correct any such problem or deficiency. (12) Such other information as determined necessary or appropriate by the Secretary of Defense. (c) Consideration of Readiness Assessments.—The information required under subsection (b) to be included in the report for a quarter shall be based on readiness assessments that are provided during that quarter—(1) to any council, committee, or other body of the Department of Defense—(A) that has responsibility for readiness oversight; and (B) whose membership includes at least one civilian officer in the Office of the Secretary of Defense at the level of Assistant Secretary of Defense or higher; (2) by senior civilian and military officers of the military departments and the commanders of the unified and specified commands; and (3) as part of any regularly established process of periodic readiness reviews for the Department of Defense as a whole. (d) Semi-Annual Joint Force Readiness Review.—(1) Not later than 30 days after the last day of the first and third quarter of each calendar year, the Chairman of the Joint Chiefs of Staff shall submit to Congress a written report on the capability of the armed forces, the combat support and related agencies, operational contract support, and the geographic and functional combatant commands to execute their wartime missions based upon their posture and readiness as of the time the review is conducted. (2) The Chairman shall produce the report required under this subsection using information derived from the quarterly reports required by subsection (a). (3) Each report required by this subsection shall include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, sea, air, space, cyber, and special operations forces. (4) The Chairman shall submit to the Secretary of Defense a copy of each report under this subsection. (e) Classification of Reports.—A report under this section shall be submitted in unclassified form. To the extent the Secretary of Defense determines necessary, the report may also be submitted in classified form.

10 U.S.C. § 483 Notifications related to basing decision-making process

(a) Notification Required.—At each point in the decision-making process specified in subsection (b), the Secretary concerned shall notify the congressional defense committees of the decision-making process to be used or the decision-making process used, whichever applies—(1) to select a military installation to serve as the first permanent location for a new major headquarters, covered military unit, or major weapon system; or (2) to make a permanent change in the basing of a major headquarters, covered military unit, or major weapon system by relocating the major headquarters, covered military unit, or major weapon system from its current military installation to a different military installation. (b) Deadlines for Submission of Notice.—The Secretary concerned shall provide the notice required by subsection (a) within seven days after each of the following decision points during the decision-making process:(1) When the Secretary concerned issues any formal internal guidance to begin the decision-making process regarding the location or relocation of a major headquarters, covered military unit, or major weapon system. (2) When the Secretary concerned selects between two and five military installations as the most likely candidate locations for a major headquarters, covered military unit, or major weapon system in order to subject those installations to additional analysis. (3) When the Secretary concerned selects a specific military installation as the preferred location for the major headquarters, covered military unit, or major weapon system. (c) Required Elements of Notification.—In a notice required by subsection (a), the Secretary concerned shall include at a minimum the following:(1) A description of the manner in which the joint and all-domain training capabilities at each candidate location, if applicable to the type of basing decision-making process at issue, will be or was, whichever applies, comparatively analyzed among candidate military installations, separate from and in addition to the mission criteria to be used or that was used to make the basing decision. (2) A description of the manner in which the airspace and training areas available at each candidate location, if applicable to the type of basing decision-making process at issue, will be or was, whichever applies, comparatively analyzed among candidate military installations, separate from and in addition to the mission criteria to be used or that was used to make the basing decision. (3) A description of the manner in which community support for the basing decision-making process described in subsection (a) will be or was, whichever applies, comparatively analyzed among candidate military installations, including consultation with appropriate State officials and officials of units of local government in which each installation is located regarding matters affecting the local community, such as transportation, utility infrastructure, housing, education, and family support activities. In any case in which the Secretary concerned selects as the preferred location a military installation with less community support compared to other locations, as indicated by such a comparative analysis, an explanation of the operational considerations that formed the basis for such selection. (4) An explanation of how each candidate location will be or was, whichever applies, scored against the factors referred to in the preceding paragraphs, including the weight assigned to each factor. (5) A summary of any internal score cards that will be or were, whichever applies, used to make the basing decision. (6) With respect to any decision of the Secretary concerned that would result in a significant increase in the number of members of the Armed Forces assigned to a military installation, a description of the consultation with appropriate State and local entities regarding the basing decision to ensure consideration of matters affecting the local community, including requirements for transportation, utility infrastructure, housing, education, and family support activities. (d) Notice and Wait Requirements.—No irrevocable action may be taken to effect or implement a basing decision reached through the decision-making process described in subsection (a) until the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title, the notice referred to in subsection (b)(3) regarding a preferred location for the major headquarters, covered military unit, or major weapon system. (e) Annual Reporting Requirement.—(1) Report required.—Not later than 10 days after the date on which the budget request for a fiscal year is submitted to Congress under section 1105 of title 31, the Secretary concerned shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report providing the following:(A) An update on the status and anticipated completion date of each decision-making process that was commenced or was underway during the previous two fiscal years regarding the location or relocation of a major headquarters, covered military unit, or major weapon system. (B) A list and description of anticipated basing decisions to be made regarding the location or relocation of a major headquarters, covered military unit, or major weapon system over the period covered by the future-years defense plan. (C) A timeline for a congressional engagement plan to brief the Committees on Armed Services of the House of Representatives and the Senate during the decision-making process and when decision notifications would be provided to interested Members of Congress. (2) Elements of report.—To satisfy the requirements of paragraph (1)(B), a report under this subsection shall include at a minimum the following:(A) An estimate of the number of members of the armed forces and civilian personnel potentially impacted by the basing decision. (B) The locations to be considered, if already known. (C) The expected timeline for beginning the decision-making process and reaching a final determination. (f) Definitions.—In this section:(1) The term “covered military unit” means a unit of the armed forces whose initial assignment to a military installation or relocation from a military installation to a different military installation requires the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) The term “major headquarters” means the headquarters of a military unit or command that is the appropriate command of a general officer or flag officer. (3) The term “major weapon system” means a weapon system that is treatable as a major system under section 3041(a) and (b) of this title. (4) The term “military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. (5) The term “Secretary concerned” means—(A) the Secretary of the military department concerned; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and the Joint Staff.

10 U.S.C. § 484 Quarterly cyber operations briefings

(a) Briefings Required.—The Under Secretary of Defense for Policy, the Commander of United States Cyber Command, and the Chairman of the Joint Chiefs of Staff, or designees from each of their offices, shall provide to the congressional defense committees quarterly briefings on all offensive and significant defensive military operations in cyberspace, including clandestine cyber activities, carried out by the Department of Defense during the immediately preceding quarter. (b) Elements.—Each briefing under subsection (a) shall include, with respect to the military operations in cyberspace described in such subsection, the following:(1) An update, set forth separately for each applicable geographic and functional command, that describes the operations carried out in the area of operations of that command or by that command. (2) An update, set forth for each applicable geographic and functional command, that describes defensive cyber operations executed to protect or defend forces, networks, and equipment in the area of operations of that command. (3) An update on relevant authorities and legal issues applicable to operations, including any presidential directives and delegations of authority received since the last quarterly update. (4) An overview of critical operational challenges posed by major adversaries or encountered in operational activities conducted since the last quarterly update. (5) An overview of the readiness of the Cyber Mission Forces to perform assigned missions that—(A) addresses all of the abilities of such Forces to conduct cyberspace operations based on capability and capacity of personnel, equipment, training, and equipment condition—(i) using both quantitative and qualitative metrics; and (ii) in a way that is common to all military departments; and (B) is consistent with readiness reporting pursuant to section 482 of this title. (6) Any other matters that the briefers determine to be appropriate. (c) Documents.—Each briefing under subsection (a) shall include a classified placemat, summarizing the elements specified in paragraphs (1), (2), (3), and (5) of subsection (b), and an unclassified memorandum, summarizing the briefing’s contents.

10 U.S.C. § 485 Quarterly briefings on counterterrorism operations, irregular warfare, and sensitive activities

(a) Briefings Required.—The Secretary of Defense shall provide to the congressional defense committees quarterly briefings on counterterrorism operations and related activities (including the use of military force under the notion of collective self-defense of foreign partners), irregular warfare activities, and other sensitive activities conducted by the Department of Defense. (b) Elements.—Each briefing under subsection (a) shall include each of the following:(1) A global update on activity within each geographic combatant command and how such activity supports the respective theater campaign plan. (2) An overview of authorities and legal issues, including limitations. (3) An overview of interagency activities and initiatives. (4) Any other matters the Secretary considers appropriate.

10 U.S.C. § 488 Management and review of electromagnetic spectrum

(a) Organization.—The Secretary of Defense shall—(1) ensure the effective organization and management of the electromagnetic spectrum used by the Department of Defense; and (2) establish an enduring review and evaluation process that—(A) considers all requirements relating to such spectrum; and (B) ensures that all users of such spectrum, regardless of the classification of such uses, are involved in the decision-making process of the Department concerning the potential sharing, reassigning, or reallocating of such spectrum, or the relocation of the uses by the Department of such spectrum. (b) Reports.—(1) From time to time as the Secretary and the Chairman of the Joint Chiefs of Staff determine useful for the effective oversight of the access by the Department to electromagnetic spectrum, but not less frequently than every two years, the Secretary and the Chairman shall jointly submit to the congressional defense committees a report on national policy plans regarding implications for such access in bands identified for study for potential reallocation, or under consideration for potential reallocation, by the Policy and Plans Steering Group established by the National Telecommunications and Information Administration. (2) Each report under paragraph (1) shall address, with respect to the electromagnetic spectrum used by the Department that is covered by the report, the implications to the missions of the Department resulting from sharing, reassigning, or reallocating the spectrum, or relocating the uses by the Department of such spectrum, if the Secretary and the Chairman jointly determine that such sharing, reassigning, reallocating, or relocation—(A) would potentially create a loss of essential military capability to the missions of the Department, as determined under feasibility assessments to ensure comparable capability; or (B) would not likely be possible within the 10-year period beginning on the date of the report.

Starting a business? Corpus forms LLCs in all 50 states and DC.