2018 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part I - Organization and General Military Powers
Chapter 3 - General Powers and Functions
Sec. 122a - Public availability of Department of Defense reports required by law
| 10 U.S.C. § 122a (2018) |
| §122a. Public availability of Department of Defense reports required by law |
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(a) In General.—To the maximum extent practicable, on or after the date on which each report described in subsection (b) is submitted to Congress, the Secretary of Defense, acting through the Assistant to the Secretary of Defense for Public Affairs, shall ensure that the report is made available to the public by— (1) posting the report on a publicly accessible Internet website of the Department of Defense; and (2) upon request, transmitting the report by other means, as long as such transmission is at no cost to the Department. (b) Covered Reports.—(1) Except as provided in paragraph (2), a report described in this subsection is any report that is required by law to be submitted to Congress by the Secretary of Defense, or by any element of the Department of Defense. (2) A report otherwise described in paragraph (1) is not a report described in this subsection if the report contains— (A) classified information; (B) proprietary information; (C) information that is exempt from disclosure under section 552 of title 5 (commonly referred to as the "Freedom of Information Act"); or (D) any other type of information that the Secretary of Defense determines should not be made available to the public in the interest of national security. |
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(Added Pub. L. 111–383, div. A, title X, §1061(a)(1), Jan. 7, 2011, 124 Stat. 4362; amended Pub. L. 112–81, div. A, title X, §1068, Dec. 31, 2011, 125 Stat. 1589; Pub. L. 113–66, div. A, title X, §1081(a), Dec. 26, 2013, 127 Stat. 871; Pub. L. 115–91, div. A, title X, §1081(a)(3), Dec. 12, 2017, 131 Stat. 1594.) |
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AMENDMENTS
2017—Subsec. (a). Pub. 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). Pub. 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 (b) 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). Pub. 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." EFFECTIVE DATE OF 2013 AMENDMENTPub. L. 113–66, div. A, title X, §1081(b), 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 DATEPub. L. 111–383, div. A, title X, §1061(b), 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 TOP-LINE NUMBERS OF DEPLOYED MEMBERS OF THE ARMED FORCESPub. L. 115–232, div. A, title V, §595, Aug. 13, 2018, 132 Stat. 1789, provided that: "(a) In General.—Except as provided in subsection (b), 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. "(b) 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." |
| United States Code, 2018 Edition, Title 10 - ARMED FORCES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 3 - GENERAL POWERS AND FUNCTIONS Sec. 122a - Public availability of Department of Defense reports required by law |
| section 122a |
| 2018 |
| January 14, 2019 |
| Yes |
| standard |
| 124 Stat. 4362 125 Stat. 1589 127 Stat. 871 131 Stat. 1594 132 Stat. 1789 |
| Public Law 111-383, Public Law 112-81, Public Law 113-66, Public Law 115-91, Public Law 115-232 |
