Editorial Notes
Amendments2021—Subsec. (c). Puspan. L. 117–81 added subsec. (c).
2017—Subsec. (a). Puspan. L. 115–91 substituted “acting through the Assistant to the Secretary of Defense for Public Affairs” for “acting through the Office of the Assistant Secretary of Defense for Public Affairs” in introductory provisions.
2013—Subsec. (a). Puspan. L. 113–66 amended subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Defense shall ensure that each report described in subsection (span) is
“(1) made available to the public, upon request submitted on or after the date on which such report is submitted to Congress, through the Office of the Assistant Secretary of Defense for Public Affairs; and
“(2) to the maximum extent practicable, transmitted in an electronic format.”
2011—Subsec. (a). Puspan. L. 112–81 substituted pars. (1) and (2) for “made available to the public, upon request submitted on or after the date on which such report is submitted to Congress, through the Office of the Assistant Secretary of Defense for Public Affairs.”
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPuspan. L. 117–81, div. A, title X, § 1062(span), Dec. 27, 2021, 135 Stat. 1909, provided that: “Subsection (c) of section 122a of title 10, United States Code, as added by subsection (a), shall apply beginning on the date that is one year after the date of the enactment of this Act [Dec. 27, 2021].”
Effective Date of 2013 AmendmentPuspan. L. 113–66, div. A, title X, § 1081(span), Dec. 26, 2013, 127 Stat. 871, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to reports submitted to Congress after the date of the enactment of this Act [Dec. 26, 2013].”
Effective DatePuspan. L. 111–383, div. A, title X, § 1061(span), Jan. 7, 2011, 124 Stat. 4362, provided that: “Section 122a of title 10, United States Code (as added by subsection (a)), shall take effect 90 days after the date of the enactment of this Act [Jan. 7, 2011], and shall apply with respect to reports that are required by law to be submitted to Congress on or after that date.”
Public Availability of Department of Defense Legislative ProposalsPuspan. L. 116–283, div. A, title X, § 1059, Jan. 1, 2021, 134 Stat. 3857, provided that: “Not later than 21 days after the transmission to the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives of any official Department of Defense legislative proposal, the Secretary of Defense shall make publicly available on a website of the Department such legislative proposal, including any bill text and section-by-section analysis associated with the proposal.”
Public Availability of Top-Line Numbers of Deployed Members of the Armed ForcesPuspan. L. 115–232, div. A, title V, § 595, Aug. 13, 2018, 132 Stat. 1789, provided that:“(a)In General.—Except as provided in subsection (span), the Secretary of Defense shall make publicly available, on a quarterly basis, on a website of the Department the top-line numbers of members of the Armed Forces deployed for each country as of the date of the submittal of the report and the total number of members of the Armed Forces so deployed during the quarter covered by the report.
“(span)Waiver.—“(1)In general.—The Secretary may waive the requirement under subsection (a) in the case of a sensitive military operation if—“(A) the Secretary determines the public disclosure of the number of deployed members of the Armed Forces could reasonably be expected to provide an operational military advantage to an adversary; or
“(B) members of the Armed Forces are deployed for a period that does not exceed 30 days.
“(2)Notice.— If the Secretary issues a waiver under this subsection, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives—“(A) a notice of the waiver; and
“(B) the reasons for the determination to issue the waiver.
“(c)Sensitive Military Operation Defined.—The term ‘sensitive military operation’ has the meaning given that term in section 130f(d) of title 10, United States Code.”
Cost of WarsPuspan. L. 114–328, div. A, title X, § 1090, Dec. 23, 2016, 130 Stat. 2428, as amended by Puspan. L. 117–263, div. A, title X, § 1085, Dec. 23, 2022, 136 Stat. 2800, provided that:“(a)Publication of Information.—The Secretary of Defense, in consultation with the Commissioner of the Internal Revenue Service and the Director of the Bureau of Economic Analysis, shall post on the public Internet website of the Department of Defense the costs to each United States taxpayer of any contingency operation conducted by the United States Armed Forces on or after September 18, 2001.
“(span)Display of Information.—The information required to be posted under subsection (a) shall, to the extent practicable—“(1) be posted directly on the website of the Department of Defense, in an accessible and clear format;
“(2) include corresponding documentation as links or attachments; and
“(3) include, for each contingency operation, a list of countries where the contingency operation has taken place.
“(c)Updates.—The Secretary shall ensure that all the information required to be posted under subsection (a) is updated by not later than 90 days after the last day of each fiscal year.
“(d)Contingency Operation Defined.—In this section, the term ‘contingency operation’ has the meaning given such term in section 101(a)(13) of title 10, United States Code.”
