(3) In the case of a report under paragraph (1) submitted in a year during which the President's budget for the next fiscal year, because of multiyear budgeting for the Department of Defense, does not include a full budget request for the Department of Defense, the report required by paragraph (1) shall set forth (A) the total amount already appropriated for the next fiscal year for special access programs of the Department of Defense and any additional amount requested in that budget for such programs for such fiscal year; and (B) for each program of the Department of Defense that is a special access program, the information specified in paragraph (2)(B). (b)(1) Not later than February 1 of each year, the Secretary of Defense shall submit to the defense committees a report that, with respect to each new special access program, provides (A) notice of the designation of the program as a special access program; and (B) justification for such designation. (2) A report under paragraph (1) with respect to a program shall include (A) the current estimate of the total program cost for the program; and (B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice. (3) In this subsection, the term "new special access program" means a special access program that has not previously been covered in a notice and justification under this subsection. (c)(1) Whenever a change in the classification of a special access program of the Department of Defense is planned to be made or whenever classified information concerning a special access program of the Department of Defense is to be declassified and made public, the Secretary of Defense shall submit to the defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change. (2) Except as provided in paragraph (3), any report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement is to occur. (3) If the Secretary determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Department of Defense, the Secretary may submit the report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public announcement is made and shall include in the report an explanation of the exceptional circumstances. (d) Whenever there is a modification or termination of the policy and criteria used for designating a program of the Department of Defense as a special access program, the Secretary of Defense shall promptly notify the defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified. (e)(1) The Secretary of Defense may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Secretary determines that inclusion of that information in the report would adversely affect the national security. Any such waiver shall be made on a case-bycase basis. (2) If the Secretary exercises the authority provided under paragraph (1), the Secretary shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the defense committees. (f) A special access program may not be initiated until (1) the defense committees are notified of the program; and (2) a period of 30 days elapses after such notification is received.10 (g) In this section, the term "defense committees" means (1) the Committees on Armed Services and Appropriations of the Senate and House of Representatives; and (2) the Defense Subcommittees of the Committees on Appropriations of the Senate and House of Representatives. (Added P.L. 100-180, §1132(a), Dec. 4, 1987, 101 Stat. 1151, and amended P.L. 101-510, §§ 1461, 1482(a), Nov. 5, 1990, 104 Stat. 1698, 1709.) 10 Section 8008 of the Department of Defense Appropriations Act, 1995 (P.L. 103–335, 108 Stat. 2618), provides: SEC. 8008. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 days in advance to the Committees on Appropriations and Armed Services of the Senate and House of Representatives. Sec. 121. 122. CHAPTER 3-GENERAL POWERS AND FUNCTIONS Regulations. 123.1 Authority to suspend officer personnel laws during war or national emer 123a. 123b. 124. 125. 126. 127. 127a. 128. 129. 129a. 129b. 130. gency. Suspension of end-strength limitations in time of war or national emergency. Forces stationed abroad: limitation on number. Detection and monitoring of aerial and maritime transit of illegal drugs: Functions, powers, and duties: transfer, reassignment, consolidation, or abo- Transfer of funds and employees. Emergency and extraordinary expenses. Expenses for contingency operations. Physical protection of special nuclear material: limitation on dissemination of unclassified information. Prohibition of certain civilian personnel management constraints. General personnel policy. Experts and consultants: authority to procure services of. Authority to withhold from public disclosure certain technical data. §121. Regulations The President may prescribe regulations to carry out his functions, powers, and duties under this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 6.) § 122. Official registers The Secretary of a military department may have published, annually or at such other times as he may designate, official registers containing the names of, and other pertinent information about, such regular and reserve officers of the armed forces under his jurisdiction as he considers appropriate. The register may also contain any other list that the Secretary considers appropriate. (Added P.L. 85-861, § 1(2)(A), Sept. 2, 1958, 72 Stat. 1437.) $123.2 Suspension of certain provisions of law relating to reserve commissioned officers (a) In time of war, or of national emergency declared by Congress, the President may suspend the operation of any provision of 1Item for section 123 reflects heading for that section as amended effective Oct. 1, 1996. 2Efective October 1, 1996, section 123 is amended pursuant to sections 1622(a) and 1691(b)(1) of the Reserve Officer Personnel Management Act (title XVI of P.L. 103-337; 108 Stat. 2961, 3026) to read as follows: 123. Authority to suspend officer personnel laws during war or national emergency (a) In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve. So long as such war or national emergency continues, any such suspension may be extended by the President. Continued the following sections of this title with respect to any armed force: 281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence), 3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3375, 3378, 3380, 3382, 3383, 3384, 3385, 3386, 3388, 3389, 3390, 3392, 3393, 3819, 3820(c), 3843, 3844, 3845, 3846, 3848, 3850, 3851, 3852, 3853, 3854, 3855, 5414, 5457, 5458, 5506, 5600, 5665, 5891, 5892, 5893, 5894, 5895, 5896, 5897, 5898, 5899, 5900, 5901, 5902, 5903, 5904, 5905, 5906, 5908, 5909, 5910, 5911, 6389, 6391, 6397, 6403, 6410, 8217, 8218, 8219, 8353, 8354, 8358, 8359, 8360, 8361, 8362, 8363, 8365, 8366, 8367, 8368, 8371, 8372, 8373, 8374, 8375, 8376, 8377, 8378, 8379, 8380, 8381, 8392, 8393, 8819, 8843, 8844, 8845, 8846, 8848, 8850, 8851, 8852, 8853, and 8855. (b) If a provision is so suspended, the Secretary of Defense shall, before the end of that suspension, recommend to Congress legislation necessary to adjust the grades of reserve commissioned officers other than commissioned warrant officers. So far as practicable, this legislation shall be the same as that recommended for adjusting the grades of officers of the regular component of the armed force concerned. (Added P.L. 85–861, § 1(2)(A), Sept. 2, 1958, 72 Stat. 1437, and amended P.L. 86559, § 1(1), June 30, 1960, 74 Stat. 264; P.L. 89-718, § 1, Nov. 2, 1966, 80 Stat. 1115; P.L. 90-130, 81(1), Nov. 8, 1967, 81 Stat. 374; P.L. 96-513, §§ 501(3), 511(1), Dec. 12, 1980, 94 Stat. 2907, 2920; P.L. 97-22, §10(b)(1), July 10, 1981, 95 Stat. 137; P.L. 103-337, § 1622(a), Oct. 5, 1994, 108 Stat. 2961.) § 123a. Suspension of end-strength limitations in time of war or national emergency If at the end of any fiscal year there is in effect a war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. Any such deferral may not extend beyond November 30 of the following fiscal year. (Added P.L. 101–510, § 1483(b)1), Nov. 5, 1990, 104 Stat. 1715 [former § 115(b)(4)].) (a) END-STRENGTH LIMITATION.-No funds appropriated to the Department of Defense may be used to support a strength level of members of the armed forces assigned to permanent duty ashore in nations outside the United States at the end of any fiscal year at a level in excess of 203,000. (b) Any such suspension shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621-1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency. (c) If a provision of law pertaining to the promotion of reserve officers is suspended under this section and if the Secretary of Defense submits to Congress proposed legislation to adjust the grades and dates of rank of reserve commissioned officers other than commissioned warrant officers, such proposed legislation shall, so far as practicable, be the same as that recommended for adjusting the grades and dates of rank of officers of the regular component of the armed force concerned. Section 123b applies beginning with fiscal year 1996, as provided by section 1312(b) of the National Defense Authorization Act for Fiscal Year 1995 (P.L. 103–337; 108 Stat. 2894). (b) EXCEPTION FOR WARTIME.-Subsection (a) does not apply in the event of a declaration of war or an armed attack on any member nation of the North Atlantic Treaty Organization, Japan, the Republic of Korea, or any other ally of the United States. (c) PRESIDENTIAL WAIVER.-The President may waive the operation of subsection (a) if the President declares an emergency. The President shall immediately notify Congress of any such waiver. (Added P.L. 103–337, § 1312(a), Oct. 5, 1994, 108 Stat. 2894.) § 124. Detection and monitoring of aerial and maritime transit of illegal drugs: Department of Defense to be lead agency (a) LEAD AGENCY.-(1) The Department of Defense shall serve as the single lead agency of the Federal Government for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States. (2) The responsibility conferred by paragraph (1) shall be carried out in support of the counter-drug activities of Federal, State, local, and foreign law enforcement agencies. (b) PERFORMANCE OF DETECTION AND MONITORING FUNCTION. (1) To carry out subsection (a), Department of Defense personnel may operate equipment of the Department to intercept a vessel or an aircraft detected outside the land area of the United States for the purposes of (A) identifying and communicating with that vessel or aircraft; and (B) directing that vessel or aircraft to go to a location designated by appropriate civilian officials. (2) In cases in which a vessel or an aircraft is detected outside the land area of the United States, Department of Defense personnel may begin or continue pursuit of that vessel or aircraft over the land area of the United States. (c) UNITED STATES DEFINED.-In this section, the term "United States" means the land area of the several States and any territory, commonwealth, or possession of the United States. (Added P.L. 101–189, §1202(a)(1), Nov. 29, 1989, 103 Stat. 1563 [former §124 repealed by $211(c)(1) of P.L. 99-433 (see ch. 6)], and amended P.L. 102–190, § 1088(b), Dec. 5, 1991, 105 Stat. 1485.) $125. Functions, powers, and duties: transfer, reassignment, consolidation, or abolition (a) Subject to section 2 of the National Security Act of 1947 (50 U.S.C. 401), the Secretary of Defense shall take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to provide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. However, except as provided by subsections (b) and (c), a function, power, or duty vested in the Department of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abolished. (b) Notwithstanding subsection (a), if the President determines it to be necessary because of hostilities or an imminent threat of hostilities, any function, power, or duty vested by law in the De |