1. (a) In General.— The Secretary of Defense shall ensure that each report described in subsection (b) is ¹

   1. (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. (2) to the maximum extent practicable, transmitted in an electronic format.

2. (b) Covered Reports.—

   1. (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. (2) A report otherwise described in paragraph (1) is not a report described in this subsection if the report contains—

      1. (A) classified information;
      2. (B) proprietary information;
      3. (C) information that is exempt from disclosure under section 552 of title 5 (commonly referred to as the “Freedom of Information Act”); or
      4. (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.

(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.)

Amendments 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 Pub. 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.”

¹ So in original. Probably should be followed by a dash.