10 U.S.C. § 125 — Functions, powers, and duties: transfer, re-

Page 142 TITLE 10—ARMED FORCES § 125 termine which counter-drug detection and monitoring systems should be eliminated from the counter-drug program based on the results of such evaluation. The plan shall include an estimate by the Secretary of the full cost to implement the plan, including the cost to develop, procure, operate, and maintain equipment used in counter-drug detection and monitoring activi- ties performed under the plan and training and per- sonnel costs associated with such activities. ‘‘(d) REPORT.—Not later than six months after the date of the enactment of this Act [Oct. 23, 1992], the Secretary of Defense shall submit to Congress a report on the requirements established under subsection (a) and the results of the evaluation conducted under sub- section (b). The report shall include the plan prepared under subsection (c). ‘‘(e) LIMITATION ON OBLIGATION OF FUNDS.—(1) Except as provided in paragraph (2), none of the funds appro- priated or otherwise made available for the Depart- ment of Defense for fiscal year 1993 pursuant to an au- thorization of appropriations in this Act [see Tables for classification] may be obligated or expended for the procurement or upgrading of a counter-drug detection and monitoring system, for research and development with respect to such a system, or for the lease or rental of such a system until after the date on which the Sec- retary of Defense submits to Congress the report re- quired under subsection (d). ‘‘(2) Paragraph (1) shall not prohibit obligations or expenditures of funds for— ‘‘(A) any procurement, upgrading, research and de- velopment, or lease of a counter-drug detection and monitoring system that is necessary to carry out the evaluation required under subsection (b); or ‘‘(B) the operation and maintenance of counter- drug detection and monitoring systems used by the Department of Defense as of the date of the enact- ment of this Act. ‘‘(f) DEFINITION.—For purposes of this section, the term ‘counter-drug detection and monitoring systems’ means land-, air-, and sea-based detection and moni- toring systems suitable for use by the Department of Defense in the performance of its mission— ‘‘(1) under section 124(a) of title 10, United States Code, as lead agency of the Federal Government for the detection and monitoring of the aerial and mari- time transit of illegal drugs into the United States; and ‘‘(2) to provide support to law enforcement agencies in the detection, monitoring, and communication of the movement of traffic at, near, and outside the geo- graphic boundaries of the United States.’’ INTEGRATION OF COMMUNICATIONS NETWORK Pub. L. 101–189, div. A, title XII, § 1204(a), Nov. 29, 1989, 103 Stat. 1564, provided that: ‘‘(1) The Secretary of Defense shall integrate into an effective communications network the command, con- trol, communications, and technical intelligence assets of the United States that are dedicated (in whole or in part) to the interdiction of illegal drugs into the United States. ‘‘(2) The Secretary shall carry out this subsection in consultation with the Director of National Drug Con- trol Policy.’’ RESEARCH AND DEVELOPMENT Pub. L. 101–189, div. A, title XII, § 1205, Nov. 29, 1989, 103 Stat. 1564, provided that: ‘‘The Secretary of Defense shall ensure that adequate research and development activities of the Department of Defense, including re- search and development activities of the Defense Ad- vanced Research Projects Agency, are devoted to tech- nologies designed to improve— ‘‘(1) the ability of the Department to carry out the detection and monitoring function of the Department under section 124 of title 10, United States Code, as added by section 1202; and ‘‘(2) the ability to detect illicit drugs and other dangerous and illegal substances that are concealed in containers.’’ TRAINING EXERCISES IN DRUG-INTERDICTION AREAS Pub. L. 101–189, div. A, title XII, § 1206, Nov. 29, 1989, 103 Stat. 1564, provided that: ‘‘(a) EXERCISES REQUIRED.—The Secretary of Defense shall direct that the armed forces, to the maximum ex- tent practicable, shall conduct military training exer- cises (including training exercises conducted by the re- serve components) in drug-interdiction areas. ‘‘(b) REPORT.—(1) Not later than February 1 of 1991 and 1992, the Secretary shall submit to Congress a re- port on the implementation of subsection (a) during the preceding fiscal year. ‘‘(2) The report shall include— ‘‘(A) a description of the exercises conducted in drug-interdiction areas and the effectiveness of those exercises in the national counter-drug effort; and ‘‘(B) a description of those additional actions that could be taken (and an assessment of the results of those actions) if additional funds were made available to the Department of Defense for additional military training exercises in drug-interdiction areas for the purpose of enhancing interdiction and deterrence of drug smuggling. ‘‘(c) DRUG-INTERDICTION AREAS DEFINED.—For pur- poses of this section, the term ‘drug-interdiction areas’ includes land and sea areas in which, as determined by the Secretary, the smuggling of drugs into the United States occurs or is believed by the Secretary to have occurred.’’ § 125. Functions, powers, and duties: transfer, re- assignment, consolidation, or abolition (a) Subject to section 2 of the National Secu- rity Act of 1947 (50 U.S.C. 3002), the Secretary of Defense shall take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to pro- vide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. How- ever, except as provided by subsections (b) and (c), a function, power, or duty vested in the De- partment of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abol- ished. (b) Notwithstanding subsection (a), if the President determines it to be necessary because of hostilities or an imminent threat of hos- tilities, any function, power, or duty vested by law in the Department of Defense, or an officer, official, or agency thereof, including one as- signed to the Army, Navy, Air Force, Marine Corps, or Space Force by section 7062(b), 8062, 8063, 9062(c), or 9081 of this title, may be trans- ferred, reassigned, or consolidated. The transfer, reassignment, or consolidation remains in effect until the President determines that hostilities have terminated or that there is no longer an imminent threat of hostilities, as the case may be. (c) Notwithstanding subsection (a), the Sec- retary of Defense may assign or reassign the de- velopment and operational use of new weapons or weapons systems to one or more of the mili- tary departments or one or more of the armed forces. (Added Pub. L. 87–651, title II, § 201(a), Sept. 7, 1962, 76 Stat. 515; amended Pub. L. 89–501, title IV, § 401, July 13, 1966, 80 Stat. 278; Pub. L. 98–525, title XIV, § 1405(1), Oct. 19, 1984, 98 Stat. 2621; Pub. L. 99–433, title I, § 103, title III, § 301(b)(1), title V, § 514(c)(1), Oct. 1, 1986, 100 Stat. 996, 1022, Page 143 TITLE 10—ARMED FORCES § 125a 1055; Pub. L. 101–510, div. A, title XIII, § 1301(3), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 113–291, div. A, title X, § 1071(c)(1), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(A), (b)(6), Jan. 1, 2021, 134 Stat. 3821, 3822.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 125(a) ...... 125(b) ...... 125(c) ...... 125(d) ...... 5:171a(c)(1), (2). 5:171n(a) (as applicable to 5:171a(c)(1)). 5:171a(c)(5). 5:171n(a) (as applicable to 5:171a(c)(5)). 5:171a(c)(4). 5:171a(c)(6). 5:171n(a) (as applicable to 5:171a(c)(6)). July 26, 1947, ch. 343, § 202(c)(1), (2), (4), (5), (6); added Aug. 10, 1949, ch. 412, § 5(3d, 4th, 6th, 7th, and 8th pars.); re- stated Aug. 6, 1958, Pub. L. 85–599, § 3(a), (1st, 2d, 5th, 6th, and 7th pars.), 72 Stat. 514, 515. July 26, 1947, ch. 343, § 308(a) (as applicable to § 202(c)(1), (5), (6)), 61 Stat. 509. In subsection (a), the following substitutions are made: ‘‘Except as provided by subsections (b) and (c)’’ for ‘‘except as otherwise provided in this subsection’’; ‘‘vested . . . by law’’ for ‘‘established by law to be per- formed by’’; ‘‘recommending’’ for ‘‘stating’’; ‘‘proposes’’ for ‘‘contemplates’’; and ‘‘the period’’ for ‘‘the thirty- day period or the forty-day period’’. The words ‘‘on the first day after’’ are inserted for clarity. The words ‘‘if carried out’’ are omitted as surplusage. In subsection (b), the words ‘‘Notwithstanding sub- section (a)’’ are substituted for the words ‘‘Notwith- standing other provisions of this subsection’’; and ‘‘Un- less the President determines otherwise’’ for ‘‘subject to the determination of the President’’. In subsection (c), the following substitutions are made: ‘‘Notwithstanding subsection (a)’’ for ‘‘Notwith- standing the provisions of paragraph (1) hereof’’; and ‘‘armed forces’’ for ‘‘services’’. In subsection (d), the following substitutions are made: ‘‘In subsection (a) (1)’’ for ‘‘within the meaning of paragraph (1) hereof’’; and ‘‘considers’’ for ‘‘deems’’. The words ‘‘advantageous to the Government in terms of’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’ and ‘‘9062(c), or 9081’’ for ‘‘or 9062(c)’’. 2018—Subsec. (b). Pub. L. 115–232 substituted ‘‘section 7062(b), 8062, 8063, or 9062(c)’’ for ‘‘section 3062(b), 5062, 5063, or 8062(c)’’. 2014—Subsec. (a). Pub. L. 113–291 substituted ‘‘(50 U.S.C. 3002)’’ for ‘‘(50 U.S.C. 401)’’. 1990—Subsec. (c). Pub. L. 101–510 struck out at end ‘‘However, notwithstanding any other provision of this title or any other law, the Secretary of Defense shall not direct or approve a plan to initiate or effect a sub- stantial reduction or elimination of a major weapons system until the Secretary of Defense has reported all the pertinent details of the proposed action to the Con- gress of the United States while the Congress is in ses- sion.’’ 1986—Subsec. (a). Pub. L. 99–433, § 103(1), struck out provision under which the Secretary of Defense could substantially transfer, reassign, consolidate, or abolish functions, powers, or duties vested in the Department of Defense by law if the Secretary reported the details of the proposed transfer, reassignment, consolidation, or abolition to Congress and if Congress did not affirm- atively reject the proposal. Subsec. (b). Pub. L. 99–433, §§ 103(2), 514(c)(1), inserted ‘‘vested by law in the Department of Defense, or an of- ficer, official, or agency thereof’’ and substituted ‘‘5062, 5063’’ for ‘‘5012, 5013’’. Subsec. (d). Pub. L. 99–433, § 301(b)(1), struck out sub- sec. (d) which read as follows: ‘‘In subsection (a)(1), ‘major combatant function, power, or duty’ does not in- clude a supply or service activity common to more than one military department. The Secretary of De- fense shall, whenever he determines it will be more ef- fective, economical, or efficient, provide for the per- formance of such an activity by one agency or such other organizations as he considers appropriate.’’ 1984—Subsec. (a). Pub. L. 98–525 substituted ‘‘section 2 of the National Security Act of 1947 (50 U.S.C. 401)’’ for ‘‘section 401 of title 50’’. 1966—Subsec. (c). Pub. L. 89–501 required the Sec- retary of Defense to report to the Congress all the per- tinent details regarding any substantial reduction or elimination of a major weapons system before action could be initiated or effected by the Department of De- fense. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. RESOLUTIONS RELATING TO TRANSFERS, REASSIGN- MENTS, CONSOLIDATIONS, OR ABOLITIONS OF COMBAT- ANT FUNCTIONS Pub. L. 87–651, title III, § 303, Sept. 7, 1962, 76 Stat. 525, provided that: ‘‘(a) For the purposes of this section, any resolution reported to the Senate or the House of Representatives pursuant to the provisions of section 125 of title 10, United States Code, shall be treated for the purpose of consideration by either House, in the same manner as a resolution with respect to a reorganization plan re- ported by a committee within the meaning of the Reor- ganization Act of 1949 as in effect on July 1, 1958 (5 U.S.C. 133z and the following) [63 Stat. 203; 71 Stat. 611], and shall be governed by the provisions applicable to the consideration of any such resolution by either House of the Congress as provided by sections 205 and 206 of that Act [63 Stat. 207]. ‘‘(b) The provisions of this section are enacted by the Congress— ‘‘(1) as an exercise of the rule-making power of the Senate and the House of Representatives, respec- tively, and as such they shall be considered as part of the rules of each House, respectively, and supersede other rules only to the extent that they are incon- sistent therewith; and ‘‘(2) with full recognition of the constitutional right of either House to change the rules (as far as re- lating to the procedure in that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.’’ § 125a. Reform: improvement of efficacy and effi- ciency (a) IN GENERAL.—The Secretary of Defense shall take such action as is necessary to reform the Department of Defense to improve the effi- cacy and efficiency of the Department, and to improve the ability of the Department to prioritize among and assess the costs and bene- fits of covered elements of reform. (b) POLICY.—The Secretary shall develop a pol- icy and issue guidance to implement reform within the Department and to improve the abil- ity of the Department to prioritize among and assess the costs and benefits of covered elements of reform. (c) FRAMEWORK FOR REFORM.— (1) IN GENERAL.—Not later than February 1, 2023, the Secretary shall establish policies,