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

Page 485 TITLE 10—ARMED FORCES § 483 later than Jan. 15, 1998, to submit to the congressional defense committees a plan specifying the manner in which the additional reporting requirement of subsec. (d) of this section would be implemented and the cri- teria proposed to be used to evaluate the readiness indi- cators identified in subsec. (d). TRANSITION TO COMPLETE REPORT Pub. L. 105–85, div. A, title III, § 322(d), Nov. 18, 1997, 111 Stat. 1675, provided that until the report under this section for the third quarter of 1998 was submitted, the Secretary of Defense was authorized to omit the infor- mation required by subsec. (d) of this section if the Secretary determined that it was impracticable to comply. § 483. Notifications related to basing decision- making process (a) NOTIFICATION REQUIRED.—At each point in the decision-making process specified in sub- section (b), the Secretary concerned shall notify the congressional defense committees of the de- cision-making process to be used or the deci- sion-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 bas- ing 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 mili- tary installation to a different military instal- lation. (b) DEADLINES FOR SUBMISSION OF NOTICE.—The Secretary concerned shall provide the notice re- quired 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 deci- sion-making process regarding the location or relocation of a major headquarters, covered military unit, or major weapon system. (2) When the Secretary concerned selects be- tween 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 fol- lowing: (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, com- paratively 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 installa- tions, 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 installa- tions, including consultation with appropriate State officials and officials of units of local government in which each installation is lo- cated regarding matters affecting the local community, such as transportation, utility in- frastructure, housing, education, and family support activities. In any case in which the Secretary concerned selects as the preferred location a military installation with less com- munity support compared to other locations, as indicated by such a comparative analysis, an explanation of the operational consider- ations that formed the basis for such selec- tion. (4) An explanation of how each candidate lo- cation will be or was, whichever applies, scored against the factors referred to in the preceding paragraphs, including the weight as- signed 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 Sec- retary concerned that would result in a sig- nificant increase in the number of members of the Armed Forces assigned to a military in- stallation, a description of the consultation with appropriate State and local entities re- garding the basing decision to ensure consider- ation of matters affecting the local commu- nity, including requirements for transpor- tation, utility infrastructure, housing, edu- cation, and family support activities. (d) NOTICE AND WAIT REQUIREMENTS.—No irrev- ocable action may be taken to effect or imple- ment a basing decision reached through the de- cision-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 con- cerned shall submit to the Committees on Armed Services of the House of Representa- tives and the Senate a report providing the following: (A) An update on the status and antici- pated completion date of each decision-mak- ing process that was commenced or was un- derway during the previous two fiscal years regarding the location or relocation of a major headquarters, covered military unit, or major weapon system. Page 486 TITLE 10—ARMED FORCES § 484 (B) A list and description of anticipated basing decisions to be made regarding the lo- cation or relocation of a major head- quarters, covered military unit, or major weapon system over the period covered by the future-years defense plan. (C) A timeline for a congressional engage- ment plan to brief the Committees on Armed Services of the House of Representatives and the Senate during the decision-making proc- ess and when decision notifications would be provided to interested Members of Congress. (2) ELEMENTS OF REPORT.—To satisfy the re- quirements 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 al- ready 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 as- signment to a military installation or reloca- tion from a military installation to a different military installation requires the preparation of an environmental impact statement in ac- cordance 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 com- mand 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 activ- ity under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used pri- marily for civil works, rivers and harbors projects, or flood control projects. (5) The term ‘‘Secretary concerned’’ means— (A) the Secretary of the military depart- ment concerned; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and the Joint Staff. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), div. B, title XXVIII, § 2871(b), Jan. 1, 2021, 134 Stat. 4294, 4363; Pub. L. 117–81, div. A, title X, § 1081(a)(10), Dec. 27, 2021, 135 Stat. 1920; Pub. L. 117–263, div. B, title XXVIII, § 2861, Dec. 23, 2022, 136 Stat. 3010; Pub. L. 118–159, div. B, title XXVIII, § 2801, Dec. 23, 2024, 138 Stat. 2247.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (f)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. PRIOR PROVISIONS A prior section 483, added Pub. L. 105–85, div. A, title III, § 323(a), Nov. 18, 1997, 111 Stat. 1675; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [[div. A], title III, § 372], Oct. 30, 2000, 114 Stat. 1654, 1654A–80, related to reports on trans- fers from high-priority readiness appropriations, prior to repeal by Pub. L. 113–66, div. A, title X, § 1084(a)(1)(A), Dec. 26, 2013, 127 Stat. 871. AMENDMENTS 2024—Subsec. (f)(4). Pub. L. 118–159 struck out ‘‘, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Com- monwealth of the Northern Mariana Islands, or Guam’’ before period at end. 2022—Subsec. (c)(6). Pub. L. 117–263 added par. (6). 2021—Subsec. (f)(3). Pub. L. 117–81 inserted ‘‘this’’ be- fore ‘‘title’’. Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was re- designated by title XVIII of Pub. L. 116–283, as such sec- tion was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was executed by substituting ‘‘section 3041(a) and (b) of this title’’ for ‘‘section 2302(5) of title’’. Section 1806(c)(2) of Pub. L. 116–283 first redesignated section 2302(5) of this title as section 3041(a) and subsequently designated the third sentence thereof as subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1883(b)(2) of Pub. L. 116–283 ef- fective Jan. 1, 2022, with additional provisions for de- layed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 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 congres- sional 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 sub- section, the following: (1) An update, set forth separately for each applicable geographic and functional com- mand, 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 de- scribes defensive cyber operations executed to protect or defend forces, networks, and equip- ment in the area of operations of that com- mand. (3) An update on relevant authorities and legal issues applicable to operations, including