Pub. L. 108-136, div. A, tit. X, subtit. D, sec. 1031
REPEAL AND MODIFICATION OF VARIOUS REPORTING REQUIREMENTS APPLICABLE TO THE DEPARTMENT OF DEFENSE.
SEC. 1031. REPEAL AND MODIFICATION OF VARIOUS REPORTING REQUIREMENTS APPLICABLE TO THE DEPARTMENT OF DEFENSE. (a) Title 10, United States Code.—Title 10, United States Code, is amended as follows:(1) Section 117(e) is amended by striking “each month” and all that follows through “subsection (d)” and inserting “each quarter submit to the congressional defense committees a report in writing containing the results of the most recent joint readiness review under subsection (d)(1)(A)”.117 STAT. 1596(2) Section 127(d) is amended to read as follows:“(d) Annual Report.—Not later than December 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on expenditures during the preceding fiscal year under subsections (a) and (b).”.(3) Section 127a is amended by striking subsection (d).(4) Section 128 is amended by striking subsection (d).(5) Section 226(a) is amended—(A) by striking “December 15” and inserting “January 15”; and(B) by striking “in the following year” in paragraph (1) and inserting “in that year”.(6)(A) Section 228 is amended—(i) in subsection (a)—(I) by striking “Monthly” in the subsection heading and inserting “Quarterly”;(II) by striking “monthly” and inserting “quarterly”; and(III) by striking “month” and inserting “fiscal-year quarter”; and(ii) in subsection (c), by striking “month” each place it appears and inserting “quarter”.(B)(i) The heading of such section is amended to read as follows:“§ 228. Quarterly reports on allocation of funds within operation and maintenance budget subactivities” .(ii) The item relating to section 228 in the table of sections at the beginning of chapter 9 is amended to read as follows: “228. Quarterly reports on allocation of funds within operation and maintenance budget subactivities.”. (7) Section 437 is amended—(A) by striking the second sentence of subsection (b); and(B) in subsection (c)—(i) by striking “report)—” in the matter preceding paragraph (1) and inserting “report) the following:”;(ii) by striking “a” in paragraphs (1), (2), and (3) after the paragraph designation and inserting “A”;(iii) by striking the semicolon at the end of paragraph (1) and inserting a period;(iv) by striking “; and” at the end of paragraph (2) and inserting a period; and(v) by adding at the end the following new paragraph:“(4) A description of each corporation, partnership, or other legal entity that was established.”.(8)(A) Section 520c is amended—(i) by striking subsection (b);(ii) by striking “(a) Provision of Meals and Refreshments.—”; and(iii) by striking the heading for such section and inserting the following:117 STAT. 1597 “§ 520c. Recruiting functions: provision of meals and refreshments” .(B) The item relating to such section in the table of sections at the beginning of chapter 31 is amended to read as follows: “520c. Recruiting functions: provision of meals and refreshments.”. (9) Section 1060 is amended by striking subsection (d).(10)(A) Section 1130 is amended—(i) in subsection (a), by striking “and the other determinations necessary to comply with subsection (b)”; and(ii) in subsection (b), by striking “to the requesting” and all that follows and inserting “to the requesting Member of Congress a detailed discussion of the rationale supporting the determination.”.(B) The heading for such section, and the item relating to such section in the table of sections at the beginning of chapter 57, are each amended by striking the last two words.(11)(A) Section 1563 is amended—(i) in subsection (a), by striking “and the other determinations necessary to comply with subsection (b)”; and(ii) in subsection (b), by striking “notice in writing” and all that follows and inserting “a detailed discussion of the rationale supporting the determination.”.(B) The heading for such section, and the item relating to such section in the table of sections at the beginning of chapter 80, are each amended by striking the last two words.(12) Section 2224 is amended by striking subsection (e).(13) Section 2255(b) is amended—(A) by striking paragraph (2); (B) by striking “(1)” after “(b) Exception.—”;(C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and(D) by redesignating clauses (i), (ii), and (iii) of paragraph (1), as redesignated by subparagraph (C), as subparagraphs (A), (B), and (C), respectively.(14) Section 2282 is amended by inserting “through 2008” after “March 1 of each year”.(15) Section 2323(i) is amended by striking paragraph (3).(16) Section 2327(c)(1) is amended—(A) in subparagraph (A), by striking “after the date on which such head of an agency submits to Congress a report on the contract” and inserting “if in the best interests of the Government”;(B) in subparagraph (B), by striking “A report under subparagraph (A)” and inserting “The Secretary shall maintain records of each contract entered into by reason of subparagraph (A). Such records”; and(C) by striking subparagraph (C).(17) Section 2350a is amended by striking subsection (f).(18) Section 2350j(e)(2) is amended by inserting before the period the following: “or, if earlier, the end of the 14-day period beginning on the date on which a copy of that report is provided in an electronic medium pursuant to section 480 of this title”.(19) Section 2371(h) is amended by adding at the end the following new paragraph:“(3) No report is required under this subsection for a fiscal year after fiscal year 2006.”.117 STAT. 1598(20) Section 2374a(e) is amended by inserting “during which one or more prizes are awarded under the program under subsection (a)” in the first sentence after “each fiscal year”. (21) Section 2410m(c) is amended—(A) by striking “Reporting Requirement.—Each year” and inserting “Annual Report.—Not later than 60 days after the end of each fiscal year”;(B) by inserting “at the end of such fiscal year” in paragraph (1) before the period;(C) by striking “during the year preceding the year in which the report is submitted” in paragraph (2) and inserting “under this section during that fiscal year”;(D) by striking “in such preceding year” in paragraph (3) and inserting “under this section during that fiscal year”; and(E) by striking “in such preceding year” in paragraph (4) and inserting “under this section during that fiscal year”.(22) Section 2457 is amended by striking subsection (d).(23) Section 2515(d) is amended—(A) by striking “Annual” in the subsection heading and inserting “Biennial”; and(B) in paragraph (1)—(i) in the first sentence, by striking “an annual report” and inserting “a biennial report”;(ii) in the second sentence, by striking “each year” and inserting “each even-numbered year”; and(iii) in the third sentence, by striking “during the fiscal year” and inserting “during the two fiscal years”. (24) Section 2521 is amended by striking subsection (e).(25) Section 2541d is amended—(A) by striking subsection (b); and(B) in subsection (a), by striking “(a)” and all that follows through “The Secretary of Defense” and inserting “The Secretary of Defense”.(26) Section 2645 is amended—(A) in subsection (d)—(i) by striking “to Congress” and all that follows through “notification of the loss” in paragraph (1) and inserting “to Congress notification of the loss”;(ii) by striking “loss; and” and inserting “loss.”; and(iii) by striking paragraph (2); and(B) by striking subsection (g).(27) Section 2662 is amended—(A) in subsection (a)—(i) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and by designating the sentences following subparagraph (F), as so redesignated, as paragraph (2);(ii) in paragraph (2), as so designated, by striking “clause (1) or (2)” and inserting “subparagraph (A) or (B) of paragraph (1)” and by striking “clause (5)” and inserting “subparagraph (E)”;(iii) by inserting “(1)” before “The Secretary”;117 STAT. 1599(iv) by striking “after the expiration of 30 days” and all that follows through “is submitted” and inserting “the Secretary submits a report, subject to paragraph (3),”;(v) by striking “$500,000” each place it appears and inserting “$750,000”; and(vi) by adding at the end the following new paragraphs:“(3) The authority of the Secretary of a military department to enter into a transaction described in paragraph (1) commences only after—“(A) the end of the 30-day period beginning on the first day of the month with respect to which the report containing the facts concerning such transaction, and all other such proposed transactions for that month, is submitted under paragraph (1); or“(B) the end of the 14-day period beginning on the first day of that month when a copy of the report is provided in an electronic medium pursuant to section 480 of this title on or before the first day of that month.“(4) The report for a month under this subsection may not be submitted later than the first day of that month.”;(B) in subsection (b), by striking “more than” and all that follows through “$500,000” and inserting “more than $250,000, but not more than $750,000”; and(C) in subsection (e)—(i) by striking “$500,000” and inserting “$750,000”; and(ii) by striking “the expiration” and all that follows through the period at the end and inserting the following: “the end of the 30-day period beginning on the date on which a report of the facts concerning the proposed occupancy is submitted to the congressional committees named in subsection (a) or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.”.(28) Section 2667a(c)(2) is amended—(A) by striking “Not later than 45 days before” and inserting “Before”; and(B) by adding at the end the following new sentence: “The Secretary may then enter into the lease only after the end of the 30-day period beginning on the date on which the report is submitted or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.”.(29) Section 2672a is amended—(A) in subsection (a)(1), by striking “he or his designee” and inserting “the Secretary”;(B) in subsection (b), by striking the last sentence; and(C) by adding at the end the following new subsection:“(c) Not later than 10 days after the date on which the Secretary of a military department determines to acquire an interest in land under the authority of this section, the Secretary shall submit 117 STAT. 1600 to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives written notice containing a description of the property and interest to be acquired and the reasons for the acquisition.”.(30) Section 2676(d) is amended by inserting before the period at the end of the last sentence the following: “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided in an electronic medium pursuant to section 480 of this title”.(31) Section 2680 is amended by striking subsection (e).(32) Section 2688(e) is amended to read as follows: “(e) Quarterly Report.—Not later than 30 days after the end of each quarter of a fiscal year, the Secretary shall submit to the congressional defense committees a report on the conveyances made under subsection (a) during such fiscal quarter. The report shall include, for each such conveyance, an economic analysis (based upon accepted life-cycle costing procedures approved by the Secretary of Defense) demonstrating that—“(1) the long-term economic benefit of the conveyance to the United States exceeds the long-term economic cost of the conveyance to the United States; and“(2) the conveyance will reduce the long-term costs of the United States for utility services provided by the utility system concerned.”.(33) Section 2696 is amended—(A) in subsection (b)—(i) in paragraph (1), by inserting “and Congress” after “the Secretary concerned” the second place it appears; and(ii) in paragraph (2), by inserting “and Congress” after “the Secretary concerned” the first place it appears;(B) by striking subsection (c); and(C) by striking subsection (d) and inserting the following new subsection (d):“(d) Effect of Submission of Notice.—If the Administrator of General Services submits notice under subsection (b)(1) that further Federal use of a parcel of real property is requested by a Federal agency, the Secretary concerned may not proceed with the conveyance of the real property as provided in the provision of law authorizing or requiring the conveyance until the end of the 180-day period beginning on the date on which the notice is submitted to Congress.”.(34) Section 2803(b) is amended by inserting before the period at the end of the last sentence the following: “or, if earlier, the end of the seven-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.(35) Section 2804(b) is amended by inserting before the period at the end of the last sentence the following: “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.(36) Section 2805(b)(2) is amended by inserting before the period at the end of the last sentence the following: “or, if earlier, the end of the 14-day period beginning on the date 117 STAT. 1601 on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.(37) Section 2807 is amended—(A) in subsection (b)—(i) by striking “$500,000” and inserting “$1,000,000”;(ii) by striking “not less than 21 days”; and(iii) by adding at the end the following new sentence: “The Secretary may then obligate funds for such services only after the end of the 21-day period beginning on the date on which the notification is received by the committees or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.”; and(B) in subsection (c)(2), by inserting before the period at the end the following: “or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title”.(38) Section 2809(f)(2) is amended—(A) by striking “calendar”; and(B) by inserting before the period at the end the following: “or, if over sooner, a period of 14 days has expired following the date on which a copy of the justification and economic analysis are provided in an electronic medium pursuant to section 480 of this title”.(39) Section 2812(c)(1)(B) is amended by inserting before the period at the end the following: “or, if over sooner, a period of 14 days has expired following the date on which a copy of the justification and economic analysis are provided in an electronic medium pursuant to section 480 of this title”.(40) Section 2813(c) is amended—(A) by striking “the end of the 30-day period beginning on the date”; and(B) by adding at the end the following new sentence: “After the notification is transmitted, the Secretary may then enter into the contract only after the end of the 30-day period beginning on the date on which the notification is received by the committees or, if earlier, the end of the 21-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.”.(41) Section 2825 is amended—(A) in subsection (b)(1)—(i) by striking “(i)” in the last sentence; and(ii) by striking “, and (ii)” and all that follows and inserting a period and the following new sentence: “If the Secretary concerned makes a determination under the preceding sentence with respect to an improvement, the waiver under that sentence with respect to that improvement may take effect only after the Secretary transmits a notice of the proposed waiver, together with an economic analysis demonstrating that the improvement will be cost effective, to the appropriate committees of Congress and a period of 21 days has elapsed after the date on which the 117 STAT. 1602 notification is received by those committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title.”; and(B) in subsection (c)(1)(D), by inserting before the period at the end the following: “or, if over sooner, a period of 14 days elapses after the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title”.(42) Section 2827(b)(2) is amended by inserting before the period at the end the following: “or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.(43) Section 2836(f)(2) is amended—(A) by striking “21 calendar days” and inserting “21 days”; and(B) by inserting before the period at the end the following: “or, if over sooner, a period of 14 days has expired following the date on which a copy of the economic analysis is provided in an electronic medium pursuant to section 480 of this title”.(44) Section 2837(c)(2) is amended by inserting before the period at the end of the last sentence the following: “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title”.(45) Section 2854(b) is amended by inserting before the period at the end of the last sentence the following: “or, if earlier, the end of the seven-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.(46) Section 2854a(c)(2) is amended—(A) by striking “calendar”; and(B) by inserting before the period at the end the following: “or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the justification is provided in an electronic medium pursuant to section 480 of this title”.(47) Section 2865(e)(2) is amended by inserting before the period at the end of the last sentence the following: “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.(48) Section 2866(c)(2) is amended by inserting before the period at the end of the last sentence the following: “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.(49) Section 2867(c) is amended by inserting before the period at the end of the last sentence the following: “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.(50) Section 2875(e) is amended by inserting before the period at the end the following: “or, if earlier, the end of 117 STAT. 1603 the 14-day period beginning on the date on which a copy of the notice and justification is provided in an electronic medium pursuant to section 480 of this title”.(51) Section 2883(f) is amended by inserting before the period at the end the following: “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notice and justification is provided in an electronic medium pursuant to section 480 of this title”.(52) Section 2902(g) is amended—(A) by striking paragraph (2); and(B) by striking “(1)” after “(g)”.(53) Section 4342(h) is amended by striking “Secretary of the Army” and inserting “Superintendent”.(54) Section 4357(c) is amended by inserting before the period at the end the following: “or, if earlier, the expiration of 14 days following the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title”.(55) Section 6954(f) is amended by striking “Secretary of the Navy” and inserting “Superintendent of the Naval Academy”.(56) Section 6975(c) is amended by inserting before the period at the end the following: “or, if earlier, the expiration of 14 days following the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title”.(57) Section 7049(c) is amended—(A) by striking “Certification” in the subsection heading and inserting “Determination”; and(B) by striking “, and certifies to” and all that follows through “House of Representatives,”.(58) Section 9342(h) is amended by striking “Secretary of the Air Force” and inserting “Superintendent”.(59) Section 9356(c) is amended by inserting before the period at the end the following: “or, if earlier, the expiration of 14 days following the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title”.(60) Section 9514 is amended—(A) in subsection (c)—(i) by striking “to Congress” and all that follows through “notification of the loss” in paragraph (1) and inserting “to Congress notification of the loss”;(ii) by striking “loss; and” and inserting “loss.”; and(iii) by striking paragraph (2); and(B) by striking subsection (f).(61) Section 12302 is amended by striking subsection (d).(b) National Defense Authorization Act for Fiscal Year 1991.—Section 2921(g) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2687 note) is amended—(1) in paragraph (1), by striking “Not less than 30 days before” and inserting “Before”;(2) in paragraph (2), by striking “Not less than 30 days before” and inserting “Before”; and(3) by adding at the end the following new paragraph:117 STAT. 1604 “(3) When the Secretary submits a notification of a proposed agreement under paragraph (1) or (2), the Secretary may then enter into the agreement described in the notification only after the end of the 30-day period beginning on the date on which the notification is submitted or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code.”.(c) National Defense Authorization Act for Fiscal Years 1992 and 1993.—The National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190) is amended as follows:(1) Section 734 (10 U.S.C. 1074 note) is amended by striking subsection (c).(2) Section 2868(a) (10 U.S.C. 2802 note) is amended by striking “The Secretary of Defense” and all that follows through “is to be authorized” and inserting “Not later than 30 days after the date on which a decision is made selecting the site or sites for the permanent basing of a new weapon system, the Secretary of Defense shall submit to Congress”.(d) National Defense Authorization Act for Fiscal Year 1993.—The National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484) is amended as follows:(1) Section 324 (10 U.S.C. 2701 note) is amended—(A) by striking “(a) Sense of Congress.—”; and(B) by striking subsection (b).(2) Section 1082(b)(1) (10 U.S.C. 113 note) is amended by striking “the Secretary of Defense—” and all that follows and inserting “the Secretary of Defense determines that it is in the national security interests of the United States for the military departments to do so.”.(e) National Defense Authorization Act for Fiscal Year 1995.—Section 721 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 1074 note) is amended by striking subsection (h).(f) National Defense Authorization Act for Fiscal Year 1997.—The National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201) is amended as follows:(1) Section 324 (10 U.S.C. 2706 note) is amended by striking subsection (c).(2) Section 1065(b) (10 U.S.C. 113 note) is amended—(A) by striking “(1)” before “Notwithstanding”; and(B) by striking paragraph (2).(g) Strom Thurmond National Defense Authorization Act for Fiscal Year 1999.—The Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261) is amended as follows:(1) Section 745(e) (10 U.S.C. 1071 note) is amended—(A) by striking “(1)” before “The Secretary of Defense”; and(B) by striking paragraph (2).(2) Section 1223 (22 U.S.C. 1928 note) is repealed.(h) National Defense Authorization Act for Fiscal Year 2000.—The National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65) is amended as follows:(1) Section 212 (10 U.S.C. 2501 note) is amended by striking subsection (c).117 STAT. 1605(2) Section 724 (10 U.S.C. 1092 note) is amended by striking subsection (e).(3) Section 1039 (10 U.S.C. 113 note) is amended by striking subsection (b).(i) Military Construction Appropriations Act, 2001.—Section 125 of the Military Construction Appropriations Act, 2001 (division A of Public Law 106–246; 114 Stat. 517), is repealed.(j) Department of Defense Appropriations Act, 2002.—Section 8009 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117; 115 Stat. 2249; 10 U.S.C. 401 note), is amended by striking “, and these obligations shall be reported to the Congress”.