Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "10 U.S.C. § 132a"
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description: "Performance Improvement Officer"
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title_number: 10
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chapter_number: "4"
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chapter_name: "OFFICE OF THE SECRETARY OF DEFENSE"
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section: "132a"
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citation: "10 U.S.C. § 132a"
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---
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# 10 U.S.C. § 132a - Performance Improvement Officer
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## Text
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(a) Establishment.— (1) There is a Performance Improvement Officer of the Department of Defense, to be appointed by the Secretary of Defense from among the ranks of qualified individuals from the senior career civil service.
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(2) The Performance Improvement Officer shall be appointed from among persons described in paragraph (1) who have an extensive management or business background and experience with managing large or complex organizations, organizational change management, or business transformation activities.
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(b) Deputy.— The Performance Improvement Officer shall be supported by a Deputy who shall be appointed by the Secretary of Defense from among the ranks of qualified individuals from the senior career civil service. The Deputy shall be the first assistant to the Performance Improvement Officer and shall assist that Officer in the performance of the duties of that position and shall act for, and exercise the powers of, the Officer when that Officer dies, resigns, or is otherwise unable to perform the functions and duties of the office.
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(c) Duties and Responsibilities.— Subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Performance Improvement Officer shall perform such duties, exercise such powers, and have such responsibilities as the Secretary or the Deputy Secretary may prescribe, including the following:
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(1) Responsibility for updating and implementing the Strategic Management Plan of the Department of Defense required by section 904(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 2201).
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(2) Responsibility for chairing the Defense Performance Improvement Council (or any successor organization).
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(3) Responsibility for the Defense Performance Improvement Framework, as established under section 125a of this title.
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(4) Responsibility for the execution of not fewer than two annual meetings of the Defense Management Action Group (or any successor organization) with agendas relating to the Strategic Management Plan described in paragraph (1).
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(5) Oversight of transformational business modernization and business process re-engineering of the Department of Defense.
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(6) Oversight and tracking the implementation of—
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(A) solutions to solve issues identified by the High Risk List maintained by the Government Accountability Office; and
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(B) other recommendations of such Office.
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(7) Serving as the lead official devoted to modernizing the business processes of the Department that serve as the baseline for all external acquisition and internal operations.
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(8) Oversight and management of the Defense Management Institute (as established pursuant to the memorandum of the Director of Administration and Management of the Department dated January 13, 2023), or any successor organization.
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(9) Serving as co-chair of the Defense Business Council in accordance with section 2222(f)(1) of this title.
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(10) Maintaining authority for convening meetings of personnel and organizations of the Department on matters relating to the duties and responsibilities described in this subsection.
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(Added Pub. L. 118–159, div. A, title IX, § 902(a), Dec. 23, 2024, 138 Stat. 2025; amended Pub. L. 119–60, div. A, title XVII, § 1701(a)(3), Dec. 18, 2025, 139 Stat. 1207.)
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## Notes
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Editorial Notes
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Prior ProvisionsA prior section 132a, added Pub. L. 111–383, div. A, title IX, § 901(c)(1), Jan. 7, 2011, 124 Stat. 4320; amended Pub. L. 113–291, div. A, title IX, § 901(a)(1), Dec. 19, 2014, 128 Stat. 3462; Pub. L. 114–328, div. A, title IX, § 901(d), Dec. 23, 2016, 130 Stat. 2342; Pub. L. 115–91, div. A, title IX, § 910(a)(1), Dec. 12, 2017, 131 Stat. 1516; Pub. L. 115–232, div. A, title IX, § 921(a)(1), (2)(A), Aug. 13, 2018, 132 Stat. 1926; Pub. L. 116–92, div. A, title IX, § 903(a)(2), Dec. 20, 2019, 133 Stat. 1555, related to establishment and responsibilities of the Chief Management Officer of the Department of Defense, prior to repeal by Pub. L. 116–283, div. A, title IX, § 901(a)(1), Jan. 1, 2021, 134 Stat. 3794.
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Amendments2025—Pub. L. 119–60, § 1701(a)(3)(A), substituted “Improvement Officer” for “improvement officer” in section catchline. Subsec. (c)(1). Pub. L. 119–60, § 1701(a)(3)(B), substituted “National Defense Authorization Act for Fiscal Year 2008” for “National Defense Authorization Act of Fiscal Year 2008”.
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Statutory Notes and Related Subsidiaries
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Guidance RequiredPub. L. 118–159, div. A, title IX, § 902(c), Dec. 23, 2024, 138 Stat. 2026, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall issue rules, regulations, policies, or other guidance (as appropriate)— “(1) to clearly delineate the authorities and responsibilities of the Performance Improvement Officer of the Department of Defense established under section 132a of title 10, United States Code, as added by subsection (a); and “(2) setting forth a charter for the office (including personnel, facilities, and other infrastructure) supporting the position of the Performance Improvement Officer.”
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Transfer of Duties and Responsibilities of the Chief Management Officer Pub. L. 116–283, div. A, title IX, § 901(b)–(d), Jan. 1, 2021, 134 Stat. 3794, 3795, as amended by Pub. L. 117–81, div. A, title IX, § 904, Dec. 27, 2021, 135 Stat. 1871, provided for the transfer of duties and responsibilities, personnel, functions, and assets of the Chief Management Officer of the Department of Defense not later than one year after Jan. 1, 2021.
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Service of Incumbent Deputy Chief Management Officer as Chief Management Officer Upon Commencement of Latter Position Without Further AppointmentPub. L. 115–91, div. A, title IX, § 910(e), Dec. 12, 2017, 131 Stat. 1518, which provided that the individual serving in the position of Deputy Chief Management Officer of the Department of Defense as of February 1, 2018, could continue to serve as Chief Management Officer of the Department of Defense under former section 132a of this title, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794.
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Defense Agencies and Field Activities Providing Shared Business ServicesPub. L. 115–91, div. A, title IX, § 910(f), Dec. 12, 2017, 131 Stat. 1518, which related to initial reporting requirements and notice to Congress on transfer to the Chief Management Officer of the Department of Defense of oversight of shared business services, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794.
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---
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type: "LegalText"
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title: "10 U.S.C. § 133"
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description: "Repealed. Pub. L. 114–328, div. A, title IX, § 901(a)(1), Dec. 23, 2016, 130 Stat. 2339]"
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---
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# 10 U.S.C. § 133 - Repealed. Pub. L. 114–328, div. A, title IX, § 901(a)(1), Dec. 23, 2016, 130 Stat. 2339]
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## Notes
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Section, added Pub. L. 99–348, title V, § 501(a), July 1, 1986, 100 Stat. 707, § 134a; renumbered § 133 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(c)(1), (d)(8), Oct. 1, 1986, 100 Stat. 995, 1002, 1003; Pub. L. 99–500, § 101(c) [title X, § 901], Oct. 18, 1986, 100 Stat. 1783–82, 1783–130, and Pub. L. 99–591, § 101(c) [title X, § 901], Oct. 30, 1986, 100 Stat. 3341–82, 3341–130; Pub. L. 99–661, div. A, title IX, formerly title IV, § 901, Nov. 14, 1986, 100 Stat. 3910, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–456, div. A, title VIII, § 809(d), Sept. 29, 1988, 102 Stat. 2013; Pub. L. 103–160, div. A, title IX, § 904(b), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 106–65, div. A, title IX, § 911(a)(2), (d)(2), Oct. 5, 1999, 113 Stat. 717, 719; Pub. L. 107–107, div. A, title VIII, § 801(a), Dec. 28, 2001, 115 Stat. 1174; Pub. L. 109–364, div. A, title X, § 1071(a)(2), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 110–181, div. A, title IX, § 907, Jan. 28, 2008, 122 Stat. 277; Pub. L. 111–350, § 5(b)(1), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 113–291, div. A, title IX, § 901(j)(2)(A), Dec. 19, 2014, 128 Stat. 3467; Pub. L. 114–92, div. A, title VIII, § 825(b), Nov. 25, 2015, 129 Stat. 908; Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597, related to Under Secretary of Defense for Acquisition, Technology, and Logistics.
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A prior section 133 was renumbered section 113 of this title.
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Statutory Notes and Related Subsidiaries
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Change of Name Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided that the position of Under Secretary of Defense for Acquisition and Technology in the Department of Defense was redesignated as the Under Secretary of Defense for Acquisition, Technology, and Logistics, and any reference in any law, regulation, document, or other record of the United States to the Under Secretary of Defense for Acquisition and Technology was to be treated as referring to the Under Secretary of Defense for Acquisition, Technology, and Logistics. Pub. L. 103–160, div. A, title IX, § 904(a), (f), Nov. 30, 1993, 107 Stat. 1728, 1729, provided that the office of Under Secretary of Defense for Acquisition in the Department of Defense was redesignated as Under Secretary of Defense for Acquisition and Technology, the office of Deputy Under Secretary of Defense for Acquisition in the Department of Defense was redesignated as Deputy Under Secretary of Defense for Acquisition and Technology, and any reference to the Under Secretary of Defense for Acquisition or the Deputy Under Secretary of Defense for Acquisition in any provision of law other than this title, or in any rule, regulation, or other paper of the United States was to be treated as referring to the Under Secretary of Defense for Acquisition and Technology or the Deputy Under Secretary of Defense for Acquisition and Technology, respectively.
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Effective Date of RepealPub. L. 114–328, div. A, title IX, § 901(a)(1), Dec. 23, 2016, 130 Stat. 2339, provided that the repeal of this section is effective Feb. 1, 2018.
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---
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type: "LegalText"
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title: "10 U.S.C. § 133a"
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section: "133a"
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---
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# 10 U.S.C. § 133a - Under Secretary of Defense for Research and Engineering
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## Text
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(a) Under Secretary of Defense.— There is an Under Secretary of Defense for Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive technology, science, or engineering background and experience with managing complex or advanced technological programs. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
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(b) Duties and Powers.— Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall perform such duties and exercise such powers as the Secretary may prescribe, including—
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(1) serving as the chief technology officer of the Department of Defense with the mission of advancing technology and innovation for the armed forces (and the Department);
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(2) establishing policies on, and supervising, all elements of the Department relating to defense research and engineering, technology development, technology transition, appropriate prototyping activities, experimentation, and developmental testing activities and programs and unifying defense research and engineering efforts and enhancing jointness across the Department;
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(3) serving as the principal advisor to the Secretary on all research, engineering, and technology development activities and programs in the Department;
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(4) directing the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Under Secretary has responsibility; and
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(5) conducting developmental prototyping, designing and executing experiments of prototypes in the field to demonstrate operational relevance to address joint force capability gaps, and encouraging and supporting the rapid transition of technology from the research and development phase into operational use within the Department.
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(c) Precedence in Department of Defense.— (1) Precedence in matters of responsibility.— With regard to all matters for which the Under Secretary has responsibility by the direction of the Secretary of Defense or by law, the Under Secretary takes precedence in the Department of Defense after the Secretary and the Deputy Secretary of Defense.
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(2) Precedence in other matters.— With regard to all matters other than the matters for which the Under Secretary has responsibility by the direction of the Secretary or by law, the Under Secretary takes precedence in the Department of Defense after the Secretary, the Deputy Secretary, and the Secretaries of the military departments.
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(Added Pub. L. 114–328, div. A, title IX, § 901(a)(1), Dec. 23, 2016, 130 Stat. 2339; amended Pub. L. 115–91, div. A, title IX, § 910(c)(2), Dec. 12, 2017, 131 Stat. 1518; Pub. L. 116–92, div. A, title IX, § 902(2), Dec. 20, 2019, 133 Stat. 1542; Pub. L. 118–31, div. A, title IX, § 901(a)(1), Dec. 22, 2023, 137 Stat. 354; Pub. L. 119–60, div. A, title IX, § 902, Dec. 18, 2025, 139 Stat. 1008.)
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## Notes
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Editorial Notes
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Prior ProvisionsA prior section 133a, added Pub. L. 99–500, § 101(c) [title X, § 902(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–131, and Pub. L. 99–591, § 101(c) [title X, § 902(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–131; Pub. L. 99–661, div. A, title IX, formerly title IV, § 902(a)(1), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 103–160, div. A, title IX, § 904(c), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103–337, div. A, title X, § 1070(a)(2), Oct. 5, 1994, 108 Stat. 2855; Pub. L. 104–106, div. A, title IX, § 903(c)(1), Feb. 10, 1996, 110 Stat. 401; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 106–65, div. A, title IX, § 911(c), Oct. 5, 1999, 113 Stat. 718; Pub. L. 107–107, div. A, title X, § 1048(b)(1), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 111–84, div. A, title IX, § 906(c)(1)(A), (2)(A), Oct. 28, 2009, 123 Stat. 2427, established the position of Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics, prior to repeal by Pub. L. 111–383, div. A, title IX, § 901(b)(1), (p), Jan. 7, 2011, 124 Stat. 4317, 4327, effective Jan. 1, 2011. Another prior section 133a was renumbered section 117 of this title.
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Amendments2025—Subsec. (b)(2). Pub. L. 119–60, § 902(1)(A), (B), inserted “elements of the Department relating to” after “supervising, all” and “and enhancing jointness” after “and engineering efforts”. Subsec. (b)(4), (5). Pub. L. 119–60, § 902(1)(C), (2), (3), added pars. (4) and (5). 2023—Subsec. (c)(1). Pub. L. 118–31, § 901(a)(1)(A), substituted “and the Deputy Secretary of Defense” for “, the Deputy Secretary of Defense, and the Chief Management Officer of the Department of Defense”. Subsec. (c)(2). Pub. L. 118–31, § 901(a)(1)(B), struck out “the Chief Management Officer,” after “the Deputy Secretary,”. 2019—Subsec. (b)(2). Pub. L. 116–92 substituted “appropriate prototyping activities,” for “prototyping,” and struck out “, including the allocation of resources for defense research and engineering,” after “testing activities and programs”. 2017—Subsec. (c)(1). Pub. L. 115–91, § 910(c)(2)(A), substituted “, the Deputy Secretary of Defense, and the Chief Management Officer of the Department of Defense” for “and the Deputy Secretary of Defense”. Subsec. (c)(2). Pub. L. 115–91, § 910(c)(2)(B), inserted “the Chief Management Officer,” after “the Deputy Secretary,”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2017 AmendmentPub. L. 115–91, div. A, title IX, § 910(c), Dec. 12, 2017, 131 Stat. 1518, provided that the amendment made by section 910(c)(2) is effective on Feb. 1, 2018, and immediately after the coming into effect of the amendments made by section 901 of Pub. L. 114–328 (see Tables for classification).
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Effective DatePub. L. 114–328, div. A, title IX, § 901(a)(1), Dec. 23, 2016, 130 Stat. 2339, provided that this section is effective on Feb. 1, 2018.
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Semiannual Updates on Meetings Held by the Missile Defense Executive BoardPub. L. 117–81, div. A, title XVI, § 1671(a)–(c), Dec. 27, 2021, 135 Stat. 2112, provided that: “(a) Semiannual Updates.—Not later than March 1 and September 1 of each year, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, acting in their capacities as co-chairs of the Missile Defense Executive Board pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2162), shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a semiannual update including, with respect to the six-month period preceding the update—“(1) the dates on which the Board met; and “(2) except as provided by subsection (b), a summary of any decisions made by the Board at each meeting of the Board and the rationale for and options that informed such decisions. “(b) Exception for Certain Budgetary Matters.—The co-chairs shall not be required to include in a semiannual update under subsection (a) the matters described in paragraph (2) of such subsection with respect to decisions of the Board relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31, United States Code, as of the date of the semiannual update. “(c) Form of Update.—The co-chairs may provide a semiannual update under subsection (a) either in the form of a briefing or a written report.”
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Service of Incumbent USD for ATL in PositionPub. L. 114–328, div. A, title IX, § 901(a)(2), Dec. 23, 2016, 130 Stat. 2339, which provided that the Under Secretary of Defense for Acquisition, Technology, and Logistics serving as of Feb. 1, 2018, could continue as Under Secretary of Defense for Research and Engineering, without further appointment under this section, was repealed by Pub. L. 115–91, div. A, title IX, § 901, Dec. 12, 2017, 131 Stat. 1511.
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|
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Reports to Congress on Failure To Comply With RecommendationsPub. L. 112–239, div. A, title IX, § 904(h), Jan. 2, 2013, 126 Stat. 1868, provided that: “(1) Report required.—Not later than 60 days after the end of each fiscal year, from fiscal year 2013 through fiscal year 2018, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on each case in which a major defense acquisition program, in the preceding fiscal year—“(A) proceeded to implement a test and evaluation master plan notwithstanding a decision of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation to disapprove the developmental test and evaluation plan within that plan in accordance with former section 139b(a)(5)(B) of title 10, United States Code; or “(B) proceeded to initial operational testing and evaluation notwithstanding a determination by the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation on the basis of an assessment of operational test readiness that the program is not ready for operational testing. “(2) Matters covered.—“(A) For each program covered by paragraph (1)(A), the report shall include the following:“(i) A description of the specific aspects of the developmental test and evaluation plan that the Deputy Assistant Secretary determined to be inadequate. “(ii) An explanation of the reasons why the program disregarded the Deputy Assistant Secretary’s recommendations with regard to those aspects of the developmental test and evaluation plan. “(iii) The steps taken to address those aspects of the developmental test and evaluation plan and address the concerns of the Deputy Assistant Secretary. “(B) For each program covered by paragraph (1)(B), the report shall include the following:“(i) An explanation of the reasons why the program proceeded to initial operational testing and evaluation notwithstanding the findings of the assessment of operational test readiness. “(ii) A description of the aspects of the approved testing and evaluation master plan that had to be set aside to enable the program to proceed to initial operational testing and evaluation. “(iii) A description of how the program addressed the specific areas of concern raised in the assessment of operational test readiness. “(iv) A statement of whether initial operational testing and evaluation identified any significant shortcomings in the program. “(3) Additional congressional notification.—Not later than 30 days after any decision to conduct developmental testing on a major defense acquisition program without an approved test and evaluation master plan in place, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall provide to the congressional defense committees a written explanation of the basis for the decision and a timeline for getting an approved plan in place.”
|
||||
|
||||
Oversight by Office of Under Secretary of Defense for Acquisition, Technology, and Logistics of Exercise of Acquisition Authority by Combatant Commanders and Heads of Defense AgenciesPub. L. 109–364, div. A, title IX, § 905, Oct. 17, 2006, 120 Stat. 2353, as amended by Pub. L. 110–181, div. A, title IX, § 905, Jan. 28, 2008, 122 Stat. 275; Pub. L. 115–232, div. A, title VIII, § 812(a)(1)(C), Aug. 13, 2018, 132 Stat. 1846, provided that: “(a) Designation of Official for Oversight.—The Secretary of Defense shall designate a senior acquisition official within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics to oversee the exercise of acquisition authority by—“(1) any commander of a combatant command who is authorized by section 166b or 167 of title 10, United States Code, to exercise acquisition authority; and “(2) any head of a Defense Agency who is designated by the Secretary of Defense to exercise acquisition authority. “(b) Guidance.—“(1) In general.—The senior acquisition official designated under subsection (a) shall develop guidance to ensure that the use of acquisition authority by commanders of combatant commands and the heads of Defense Agencies—“(A) is in compliance with department-wide acquisition policy; and “(B) is coordinated with acquisition programs of the military departments. “(2) Urgent requirements.—Guidance developed under paragraph (1) shall take into account the need to fulfill the urgent requirements of the commanders of combatant commands and the heads of Defense Agencies and to ensure that those requirements are addressed expeditiously. “(c) Consultation.—The senior acquisition official designated under subsection (a) shall on a regular basis consult on matters related to requirements and acquisition with the commanders of combatant commands and the heads of Defense Agencies referred to in that subsection. “(d) Deadline for Designation.—The Secretary of Defense shall make the designation required by subsection (a) not later than 180 days after the date of the enactment of this Act [Oct. 17, 2006].”
|
||||
|
||||
Improvement in Defense Research and Procurement Liaison With IsraelPub. L. 100–456, div. A, title X, § 1006, Sept. 29, 1988, 102 Stat. 2040, as amended by Pub. L. 103–160, div. A, title IX, § 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717, which provided for the designation of a primary liaison between the procurement and research and development activities of the armed forces of the United States and Israel, was repealed by Pub. L. 115–232, div. A, title VIII, § 811(e), Aug. 13, 2018, 132 Stat. 1845.
|
||||
@@ -0,0 +1,101 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 133b"
|
||||
description: "Under Secretary of Defense for Acquisition and Sustainment"
|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 133b - Under Secretary of Defense for Acquisition and Sustainment
|
||||
|
||||
## Text
|
||||
|
||||
(a) Under Secretary of Defense.— There is an Under Secretary of Defense for Acquisition and Sustainment, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive system development, engineering, production, or management background and experience with managing complex programs. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
|
||||
|
||||
(b) Duties and Powers.— Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall perform such duties and exercise such powers as the Secretary may prescribe, including—
|
||||
|
||||
(1) serving as the chief acquisition and sustainment officer of the Department of Defense with the mission of delivers end-user capabilities with speed and innovation to counter threats and cost-effectively sustain the military advantage of the United States;
|
||||
|
||||
(2) establishing policies on, and supervising, all elements of the Department relating to acquisition (including system design, development, appropriate prototyping activities, and production, and procurement of goods and services) and sustainment (including logistics, maintenance, and materiel readiness);
|
||||
|
||||
(3) establishing policies for access to, and maintenance of, the defense industrial base and materials critical to national security, and policies on contract administration;
|
||||
|
||||
(4) establishing policies for, and providing oversight, guidance, and coordination with respect to, the nuclear command, control, and communications system;
|
||||
|
||||
(5) serving as—
|
||||
|
||||
(A) the principal advisor to the Secretary on acquisition and sustainment in the Department;
|
||||
|
||||
(B) the senior procurement executive for the Department for the purposes of section 1702(c) of title 41;
|
||||
|
||||
(C) the Defense Acquisition Executive for purposes of regulations and procedures of the Department providing for a Defense Acquisition Executive;
|
||||
|
||||
(D) chairman of the Nuclear Weapons Council established by section 179 of this title; and
|
||||
|
||||
(E) co-chairman of the Council on Oversight of the National Leadership Command, Control, and Communications System established by section 171a of this title;
|
||||
|
||||
(6) overseeing—
|
||||
|
||||
(A) the sustainment and modernization of United States nuclear forces, including the nuclear command, control, and communications system; and
|
||||
|
||||
(B) military department and Defense Agency programs to develop defenses against chemical and biological weapons and capabilities to counter weapons of mass destruction;
|
||||
|
||||
(7) the authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Under Secretary has responsibility, except that the Under Secretary shall exercise advisory authority over service acquisition programs for which the service acquisition executive is the milestone decision authority;
|
||||
|
||||
(8) to the extent directed by the Secretary, exercising overall supervision of all personnel (civilian and military) in the Office of the Secretary of Defense with regard to matters for which the Under Secretary has responsibility, unless otherwise provided by law;
|
||||
|
||||
(9) advising the Secretary on all aspects of acquisition and sustainment relating to—
|
||||
|
||||
(A) the defense acquisition system, in accordance with the objectives established pursuant to section 3102 of this title;
|
||||
|
||||
(B) core logistics capabilities (as described under section 2464 of this title); and
|
||||
|
||||
(C) the national technology and industrial base (as defined in section 4801 of this title); and
|
||||
|
||||
(10) advising the Secretary on, establishing policies on, and supervising, the activities of the Department relating to international cooperation and agreements regarding industrial base collaboration and coordination, including cooperative development and co-production, reciprocal production, exportability considerations, supply chain integration, security of supply chain agreements, and acquisition and cross-service agreements.
|
||||
|
||||
(c) Precedence in Department of Defense.— (1) Precedence in matters of responsibility.— With regard to all matters for which the Under Secretary has responsibility by the direction of the Secretary of Defense or by law, the Under Secretary takes precedence in the Department of Defense after the Secretary, the Deputy Secretary of Defense, and the Under Secretary of Defense for Research and Engineering.
|
||||
|
||||
(2) Precedence in other matters.— With regard to all matters other than the matters for which the Under Secretary has responsibility by the direction of the Secretary or by law, the Under Secretary takes precedence in the Department of Defense after the Secretary, the Deputy Secretary, the Under Secretary of Defense for Research and Engineering, and the Secretaries of the military departments.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title IX, § 901(b), Dec. 23, 2016, 130 Stat. 2340; amended Pub. L. 115–91, div. A, title IX, §§ 902, 910(c)(3), Dec. 12, 2017, 131 Stat. 1511, 1518; Pub. L. 116–92, div. A, title IX, § 902(92), title XVI, § 1662(a), Dec. 20, 2019, 133 Stat. 1554, 1772; Pub. L. 116–283, div. A, title VIII, § 811(a)(2), title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 3749, 4294; Pub. L. 118–31, div. A, title IX, § 901(a)(2), Dec. 22, 2023, 137 Stat. 354; Pub. L. 118–159, div. A, title IX, § 903(a)(1), title XVI, § 1621(b), Dec. 23, 2024, 138 Stat. 2026, 2171; Pub. L. 119–60, div. A, title XVIII, § 1801(a)(2)(A), Dec. 18, 2025, 139 Stat. 1221.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 133b was renumbered section 138a of this title and was subsequently repealed. Another prior section 133b was renumbered section 118 of this title and was subsequently repealed.
|
||||
|
||||
Amendments2025—Subsec. (b)(1). Pub. L. 119–60, § 1801(a)(2)(A)(i), substituted “delivers end-user capabilities with speed and innovation to counter threats and cost-effectively sustain the military advantage of the United States” for “delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department)”. Subsec. (b)(9)(A). Pub. L. 119–60, § 1801(a)(2)(A)(ii), substituted “the defense acquisition system, in accordance with the objectives established pursuant to section 3102 of this title” for “defense acquisition programs”. 2024—Subsec. (b)(5)(D), (E). Pub. L. 118–159, § 1621(b)(1), added subpars. (D) and (E). Subsec. (b)(6). Pub. L. 118–159, § 1621(b)(2), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “overseeing the modernization of nuclear forces, including the nuclear command, control, and communications system, and the development of capabilities to counter weapons of mass destruction, and serving as the chairman of the Nuclear Weapons Council and the co-chairman of the Council on Oversight of the National Leadership Command, Control, and Communications System;”. Subsec. (b)(10). Pub. L. 118–159, § 903(a)(1), added par. (10). 2023—Subsec. (c)(1). Pub. L. 118–31, § 901(a)(2)(A), struck out “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”. Subsec. (c)(2). Pub. L. 118–31, § 901(a)(2)(B), struck out “the Chief Management Officer,” after “the Deputy Secretary,”. 2021—Subsec. (b)(9). Pub. L. 116–283, § 811(a)(2), added par. (9). Subsec. (b)(9)(C). Pub. L. 116–283, § 1883(b)(2), substituted “section 4801” for “section 2500”. 2019—Subsec. (b)(2). Pub. L. 116–92, § 902(92), inserted “appropriate prototyping activities,” after “development,”. Subsec. (b)(4) to (8). Pub. L. 116–92, § 1662(a), added par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and in par. (6) inserted “, including the nuclear command, control, and communications system,” after “modernization of nuclear forces”. 2017—Subsec. (b)(6). Pub. L. 115–91, § 902, substituted “advisory authority” for “supervisory authority”. Subsec. (c)(1). Pub. L. 115–91, § 910(c)(3)(A), inserted “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”. Subsec. (c)(2). Pub. L. 115–91, § 910(c)(3)(B), inserted “the Chief Management Officer,” after “the Deputy Secretary,”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by section 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed 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.
|
||||
|
||||
Effective Date of 2017 AmendmentPub. L. 115–91, div. A, title IX, § 902, Dec. 12, 2017, 131 Stat. 1511, provided that the amendment made by section 902 is effective Feb. 1, 2018, and immediately after the coming into effect of the amendment made by section 901(b) of Pub. L. 114–328 (enacting this section). Pub. L. 115–91, div. A, title IX, § 910(c), Dec. 12, 2017, 131 Stat. 1518, provided that the amendment made by section 910(c)(3) is effective on Feb. 1, 2018, and immediately after the coming into effect of the amendments made by section 901 of Pub. L. 114–328 (see Tables for classification).
|
||||
|
||||
Effective DatePub. L. 114–328, div. A, title IX, § 901(b), Dec. 23, 2016, 130 Stat. 2339, provided that this section is effective on Feb. 1, 2018.
|
||||
|
||||
Guidance RequiredPub. L. 118–159, div. A, title IX, § 903(a)(2), Dec. 23, 2024, 138 Stat. 2026, provided that: “Not later than July 1, 2025, the Secretary of Defense shall update relevant policies and guidance related to the duties of the Under Secretary of Defense for Acquisition and Sustainment prescribed in section 133b(b)(10) of title 10, United States Code, as added by paragraph (1).”
|
||||
|
||||
Department of Defense Support for Requirements of White House Military OfficePub. L. 117–263, div. A, title XVI, § 1672(b), (c), Dec. 23, 2022, 136 Stat. 2959, provided that: “(b) Portfolio Manager.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall designate a senior official to coordinate and advocate for the portfolio of national level programs of the Department of Defense that are either or both—“(1) in direct support of requirements from the White House Military Office; or “(2) operationally relevant to the mission areas of the White House Military Office. “(c) Accessibility of Information.—The programmatic and budgetary information required to assess the efficacy of the national level programs covered by subsection (b) shall be provided to the senior official designated under such subsection by the following officials:“(1) The Secretary of each military department. “(2) The Under Secretary of Defense for Policy. “(3) The Under Secretary of Defense for Research and Engineering. “(4) The Chairman of the Joint Chiefs of Staff. “(5) The Director of Cost Assessment and Program Evaluation.”
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 134 - Under Secretary of Defense for Policy
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is an Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
|
||||
|
||||
(b) (1) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.
|
||||
|
||||
(2) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall be responsible and have overall direction and supervision for—
|
||||
|
||||
(A) the development, implementation, and integration across the Department of Defense of the National Defense Strategy (as described by section 113 of this title) and strategic policy guidance for the activities of the Department of Defense across all geographic regions and military functions and domains;
|
||||
|
||||
(B) the integration of the activities of the Department into the National Security Strategy of the United States;
|
||||
|
||||
(C) the development of policy guidance for the preparation of campaign and contingency plans by the combatant commands, and for the review of such plans;
|
||||
|
||||
(D) the preparation of policy guidance for the development of the global force posture;
|
||||
|
||||
(E) the development of the Defense Planning Guidance that guides the formulation of program and budget requests by the military departments and other elements of the Department; and
|
||||
|
||||
(F) the development of strategic policy guidance for the Department of Defense to enable the achievement of Presidential objectives outlined within the nuclear weapons employment guidance of the United States, as described in section 491 of this title.
|
||||
|
||||
(3) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall have responsibility for supervising and directing activities of the Department of Defense relating to export controls.
|
||||
|
||||
(4) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Policy shall have overall direction and supervision for policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense for combating terrorism.
|
||||
|
||||
(5) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall coordinate with the Chairman of the Joint Chiefs of Staff and the Director of Cost Assessment and Program Evaluation to—
|
||||
|
||||
(A) develop planning scenarios that describe the present and future strategic and operational environments by which to assess joint force capabilities and readiness; and
|
||||
|
||||
(B) develop specific objectives that the joint force should be ready to achieve, and conduct assessments of the capability (in terms of both capacity and readiness) of the joint force to achieve such objectives.
|
||||
|
||||
(c) The Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Secretaries of the military departments.
|
||||
|
||||
(Added Pub. L. 99–433, title I, § 105(1), Oct. 1, 1986, 100 Stat. 997; amended Pub. L. 99–500, § 101(c) [title X, § 903(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–132, and Pub. L. 99–591, § 101(c) [title X, § 903(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–132; Pub. L. 99–661, div. A, title IX, formerly title IV, § 903(a), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105–261, div. A, title XV, § 1521(a), Oct. 17, 1998, 112 Stat. 2178; Pub. L. 106–65, div. A, title IX, § 911(d)(1), Oct. 5, 1999, 113 Stat. 719; Pub. L. 107–314, div. A, title IX, § 902(b), Dec. 2, 2002, 116 Stat. 2620; Pub. L. 110–181, div. A, title IX, § 903(c), Jan. 28, 2008, 122 Stat. 273; Pub. L. 113–291, div. A, title IX, § 901(j)(2)(B), Dec. 19, 2014, 128 Stat. 3467; Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597; Pub. L. 115–232, div. A, title IX, § 902, Aug. 13, 2018, 132 Stat. 1921; Pub. L. 116–92, div. A, title IX, § 902(3), Dec. 20, 2019, 133 Stat. 1542; Pub. L. 118–159, div. A, title XVI, § 1621(c), Dec. 23, 2024, 138 Stat. 2171.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
|
||||
|
||||
Prior ProvisionsProvisions of this section were contained in section 135 of this title prior to amendment by Pub. L. 99–433. A prior section 134 was renumbered section 132 of this title.
|
||||
|
||||
Amendments2024—Subsec. (b)(2)(F). Pub. L. 118–159 added subpar. (F). 2019—Subsec. (c). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,” for “Under Secretary of Defense for Acquisition, Technology, and Logistics,”. 2018—Subsec. (b)(2). Pub. L. 115–232, § 902(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Under Secretary shall assist the Secretary of Defense— “(A) in preparing written policy guidance for the preparation and review of contingency plans; and “(B) in reviewing such plans.” Subsec. (b)(5). Pub. L. 115–232, § 902(b), added par. (5). 2017—Pub. L. 115–91, § 1081(b)(1)(A), repealed Pub. L. 113–291, § 901(j)(2)(B). See 2014 Amendment note below. 2014—Subsec. (c). Pub. L. 113–291, § 901(j)(2)(B), which directed insertion of “the Under Secretary of Defense for Business Management and Information,” after “the Deputy Secretary of Defense,”, was repealed by Pub. L. 115–91, § 1081(b)(1)(A). 2008—Subsec. (a). Pub. L. 110–181 substituted “seven” for “10”. 2002—Subsec. (b)(4). Pub. L. 107–314 added par. (4). 1999—Subsec. (c). Pub. L. 106–65 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”. 1998—Subsec. (b)(3). Pub. L. 105–261 added par. (3). 1993—Subsec. (c). Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”. 1986—Subsec. (c). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended subsec. (c) identically, inserting “the Under Secretary of Defense for Acquisition,”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentPub. L. 115–91, div. A, title IX, § 1081(b)(1), Dec. 12, 2017, 131 Stat. 1597, provided that the amendment made by section 1081(b)(1)(A) is effective as of Dec. 23, 2016.
|
||||
|
||||
Effective Date of 2014 AmendmentPub. L. 113–291, div. A, title IX, § 901(j)(2), Dec. 19, 2014, 128 Stat. 3467, which provided that the amendment made by section 901(j)(2)(B) is effective on the effective date specified in former section 901(a)(1) of Pub. L. 113–291, which was Feb. 1, 2017, was repealed by Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597.
|
||||
|
||||
Implementation of Amendments by Pub. L. 105–261Pub. L. 105–261, div. A, title XV, § 1521(c), (d), Oct. 17, 1998, 112 Stat. 2179, provided that: “(c) Time for Implementation.—The Secretary of Defense shall complete the actions necessary to implement the amendment made by subsection (a) [amending this section] and to establish the office of Deputy Under Secretary of Defense for Technology Security Policy in accordance with [former] section 134b of title 10, United States Code, as added by subsection (b), not later than 60 days after the date of the enactment of this Act [Oct. 17, 1998]. “(d) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives [now Committee on Armed Services of the House of Representatives] a report on the plans of the Secretary for implementing the amendments made by subsections (a) and (b) [enacting former section 134b of this title and amending this section]. The report shall include the following:“(1) A description of any organizational changes that are to be made within the Department of Defense to implement those amendments. “(2) A description of the role of the Chairman of the Joint Chiefs of Staff in the export control activities of the Department of Defense after those subsections are implemented, together with a discussion of how that role compares to the Chairman’s role in those activities before the implementation of those subsections.”
|
||||
|
||||
Responsibility for Policy on Civilian Casualty MattersPub. L. 115–232, div. A, title IX, § 936, Aug. 13, 2018, 132 Stat. 1939, as amended by Pub. L. 116–92, div. A, title XII, § 1282, Dec. 20, 2019, 133 Stat. 1706, provided that: “(a) Designation of Senior Civilian Official.—Not later than 90 days after the date of the enactment of this Act [Aug. 13, 2018], the Under Secretary of Defense for Policy shall designate a senior civilian official of the Department of Defense within the Office of the Secretary of Defense at or above the level of Assistant Secretary of Defense to develop, coordinate, and oversee compliance with the policy of the Department relating to civilian casualties resulting from United States military operations. “(b) Responsibilities.—The senior civilian official designated under subsection (a) shall ensure that the policy referred to in that subsection provides for—“(1) uniform processes and standards across the combatant commands for accurately recording kinetic strikes by the United States military; “(2) the development and dissemination of best practices for reducing the likelihood of civilian casualties from United States military operations; “(3) the development of publicly available means appropriate to the specific regional circumstances, including an Internet-based mechanism, for the submittal to the United States Government of allegations of civilian casualties resulting from United States military operations; “(4) uniform processes and standards across the combatant commands for reviewing and investigating allegations of civilian casualties resulting from United States military operations, including the consideration of relevant information from all available sources; “(5) uniform processes and standards across the combatant commands for—“(A) acknowledging the responsibility of the United States military for civilian casualties resulting from United States military operations, including for acknowledging the status of any individuals killed or injured who were believed to be enemy combatants, but subsequently determined to be non-combatants; and “(B) offering ex gratia payments or other assistance to civilians who have been injured, or to the families of civilians killed, as a result of United States military operations, as determined to be reasonable and culturally appropriate by the designated senior civilian official; “(6) regular engagement with relevant intergovernmental and nongovernmental organizations; “(7) public affairs guidance with respect to matters relating to civilian casualties alleged or confirmed to have resulted from United States military operations; “(8) cultivating, developing, retaining, and disseminating—“(A) lessons learned for integrating civilian protection into operational planning and identifying the proximate cause or causes of civilian casualties; and “(B) practices developed to prevent, mitigate, or respond to such casualties; [and] “(9) such other matters with respect to civilian casualties resulting from United States military operations as the designated senior civilian official considers appropriate. “(c) Coordination.—The senior civilian official designated under subsection (a) shall develop and implement steps to increase coordination with the relevant Chiefs of Mission and other appropriate positions in the Department of State with respect to the policies required pursuant to subsection (a) and other matters or assistance related to civilian harm, resulting from military operations. “(d) Report.—Not later than 180 days after the date of the enactment of this Act [Aug. 18, 2018], the senior civilian official designated under subsection (a) shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that describes—“(1) the policy developed by the senior civilian official under that subsection; and “(2) the efforts of the Department to implement such policy. “(e) Briefing.—Not later than 180 days after the date of the enactment of this subsection [Dec. 20, 2019], the senior civilian official designated under subsection (a) shall provide to the congressional defense committees a briefing on—“(1) the updates made to the policy developed by the senior civilian official pursuant to this section; and “(2) the efforts of the Department to implement such updates.”
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 134a - Repealed. Pub. L. 111–383, div. A, title IX, § 901(b)(1), Jan. 7, 2011, 124 Stat. 4317]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 102–190, div. A, title IX, § 901(a)(1), Dec. 5, 1991, 105 Stat. 1450; amended Pub. L. 104–106, div. A, title IX, § 903(c)(2), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 111–84, div. A, title IX, § 906(c)(1)(B), (2)(B), Oct. 28, 2009, 123 Stat. 2427, established the position of Principal Deputy Under Secretary of Defense for Policy.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 134a was renumbered section 133 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as an Effective Date of 2011 Amendment note under section 131 of this title.
|
||||
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|
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||||
---
|
||||
|
||||
# 10 U.S.C. § 134b - Repealed. Pub. L. 111–84, div. A, title IX, § 905(a)(1), Oct. 28, 2009, 123 Stat. 2425]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 105–261, div. A, title XV, § 1521(b)(1), Oct. 17, 1998, 112 Stat. 2178, related to the Deputy Under Secretary of Defense for Technology Security Policy.
|
||||
@@ -0,0 +1,89 @@
|
||||
---
|
||||
type: "LegalText"
|
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title: "10 U.S.C. § 135"
|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 135 - Under Secretary of Defense (Comptroller)
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) There is an Under Secretary of Defense (Comptroller), appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
|
||||
|
||||
(2) The Under Secretary of Defense (Comptroller) shall be appointed from among persons who have significant budget, financial management, or audit experience in complex organizations.
|
||||
|
||||
(b) The Under Secretary of Defense (Comptroller) is the agency Chief Financial Officer of the Department of Defense for the purposes of chapter 9 of title 31. The Under Secretary of Defense (Comptroller) shall perform the duties assigned to the Under Secretary in section 2222 of this title and such additional duties and exercise such powers as the Secretary of Defense may prescribe.
|
||||
|
||||
(c) The Under Secretary of Defense (Comptroller) shall advise and assist the Secretary of Defense—
|
||||
|
||||
(1) in performing such budgetary and fiscal functions and duties, and in exercising such budgetary and fiscal powers, as are needed to carry out the powers of the Secretary;
|
||||
|
||||
(2) in supervising and directing the preparation of budget estimates of the Department of Defense;
|
||||
|
||||
(3) in establishing and supervising the execution of principles, policies, and procedures to be followed in connection with organizational and administrative matters relating to—
|
||||
|
||||
(A) the preparation and execution of budgets;
|
||||
|
||||
(B) fiscal, cost, operating, and capital property accounting; and
|
||||
|
||||
(C) progress and statistical reporting;
|
||||
|
||||
(4) in establishing and supervising the execution of policies and procedures relating to the expenditure and collection of funds administered by the Department of Defense; and
|
||||
|
||||
(5) in establishing uniform terminologies, classifications, and procedures concerning matters covered by paragraphs (1) through (4).
|
||||
|
||||
(d) In addition to any duties under subsection (c), the Under Secretary of Defense (Comptroller) shall, subject to the authority, direction, and control of the Secretary of Defense, do the following:
|
||||
|
||||
(1) Provide guidance and instruction on annual performance plans and evaluations to the following:
|
||||
|
||||
(A) The Assistant Secretaries of the military departments for financial management.
|
||||
|
||||
(B) Any other official of an agency, organization, or element of the Department of Defense with responsibility for financial management.
|
||||
|
||||
(2) Give directions to the military departments, Defense Agencies, and other organizations and elements of the Department of Defense regarding their financial statements and the audit and audit readiness of such financial statements.
|
||||
|
||||
(e) The Under Secretary of Defense (Comptroller) takes precedence in the Department of Defense after the Under Secretary of Defense for Policy.
|
||||
|
||||
(f) The Under Secretary of Defense (Comptroller) shall ensure that each of the congressional defense committees is informed, in a timely manner, regarding all matters relating to the budgetary, fiscal, and analytic activities of the Department of Defense that are under the supervision of the Under Secretary of Defense (Comptroller).
|
||||
|
||||
(Added Pub. L. 99–433, title I, § 107, Oct. 1, 1986, 100 Stat. 998, § 137; renumbered § 135 and amended Pub. L. 103–160, div. A, title IX, §§ 901(a)(2), 902(a)(1), (b), Nov. 30, 1993, 107 Stat. 1726, 1727; Pub. L. 103–337, div. A, title IX, § 903(a)(1), (2), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 104–106, div. A, title XV, § 1502(a)(6), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1043(b)(1), Nov. 24, 2003, 117 Stat. 1610; Pub. L. 111–383, div. A, title IX, § 901(m)(3), Jan. 7, 2011, 124 Stat. 4326; Pub. L. 115–91, div. A, title IX, §§ 904(1), 905(a), 912(b), Dec. 12, 2017, 131 Stat. 1512, 1520; Pub. L. 117–81, div. A, title IX, § 901(f)(1), Dec. 27, 2021, 135 Stat. 1868.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 135 was renumbered section 138b of this title.
|
||||
|
||||
Amendments2021—Subsec. (a)(1). Pub. L. 117–81 substituted “an armed force” for “the armed forces”. 2017—Subsec. (a). Pub. L. 115–91, § 905(a)(1), designated existing provisions as par. (1) and added par. (2). Pub. L. 115–91, § 904(1), inserted at end “A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of the armed forces.” Subsec. (b). Pub. L. 115–91, § 912(b), inserted “the duties assigned to the Under Secretary in section 2222 of this title and” after “shall perform”. Subsecs. (d) to (f). Pub. L. 115–91, § 905(a)(2), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 2011—Subsec. (c)(5). Pub. L. 111–383 substituted “paragraphs” for “clauses”. 2003—Subsec. (e). Pub. L. 108–136 struck out “(1)” before “The Under Secretary”, substituted “each of the congressional defense committees” for “each congressional committee specified in paragraph (2)”, and struck out par. (2) which read as follows: “The committees referred to in paragraph (1) are— “(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and “(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.” 1999—Subsec. (e)(2)(B). Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”. 1996—Subsec. (e). Pub. L. 104–106 designated existing provisions as par. (1), substituted “each congressional committee specified in paragraph (2) is” for “the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives are each”, and added par. (2). 1994—Pub. L. 103–337, § 903(a)(2), substituted “Under Secretary of Defense (Comptroller)” for “Comptroller” as section catchline. Subsec. (a). Pub. L. 103–337, § 903(a)(1)(A), substituted “an Under Secretary of Defense (Comptroller)” for “a Comptroller of the Department of Defense”. Subsecs. (b) to (e). Pub. L. 103–337, § 903(a)(1)(B), substituted “Under Secretary of Defense (Comptroller)” for “Comptroller” wherever appearing. 1993—Pub. L. 103–160, § 901(a)(2), renumbered section 137 of this title as this section. Subsec. (b). Pub. L. 103–160, § 902(a)(1), inserted “The Comptroller is the agency Chief Financial Officer of the Department of Defense for the purposes of chapter 9 of title 31.” after “(b)” and “additional” after “shall perform such”. Subsec. (d). Pub. L. 103–160, § 901(a)(2), added subsec. (d). Subsec. (e). Pub. L. 103–160, § 902(b), added subsec. (e).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Pub. L. 103–337, div. A, title IX, § 903(d), Oct. 5, 1994, 108 Stat. 2823, provided that: “Any reference to the Comptroller of the Department of Defense in any provision of law other than title 10, United States Code, or in any rule, regulation, or other paper of the United States shall be treated as referring to the Under Secretary of Defense (Comptroller).”
|
||||
|
||||
Effective Date of 2017 AmendmentPub. L. 115–91, div. A, title IX, § 905(c), Dec. 12, 2017, 131 Stat. 1513, provided that: “The appointment qualifications imposed by the amendments made by subsection (a)(1) [amending this section] and the appointment qualifications imposed by subsection (b) [set out as a note below] shall apply with respect to appointments as Under Secretary of Defense (Comptroller) and Deputy Chief Financial Officer of the Department of Defense that are made on or after the date of the enactment of this Act [Dec. 12, 2017].”
|
||||
|
||||
Effective Date of 2011 AmendmentAmendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.
|
||||
|
||||
Qualification for Appointment as Deputy Chief Financial OfficerPub. L. 115–91, div. A, title IX, § 905(b), Dec. 12, 2017, 131 Stat. 1513, provided that: “The Deputy Chief Financial Officer of the Department of Defense shall be appointed from among persons who have significant budget, financial management, or audit experience in complex organizations.”
|
||||
@@ -0,0 +1,49 @@
|
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 136 - Under Secretary of Defense for Personnel and Readiness
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is an Under Secretary of Defense for Personnel and Readiness, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
|
||||
|
||||
(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness shall perform such duties and exercise such powers as the Secretary of Defense may prescribe in the areas of military readiness, total force management, military and civilian personnel requirements, military and civilian personnel training, military and civilian family matters, exchange, commissary, and nonappropriated fund activities, personnel requirements for weapons support, National Guard and reserve components, and health affairs.
|
||||
|
||||
(c) The Under Secretary of Defense for Personnel and Readiness takes precedence in the Department of Defense after the Under Secretary of Defense (Comptroller).
|
||||
|
||||
(d) The Under Secretary of Defense for Personnel and Readiness is responsible, subject to the authority, direction, and control of the Secretary of Defense, for the monitoring of the operations tempo and personnel tempo of the armed forces. The Under Secretary shall establish, to the extent practicable, uniform standards within the Department of Defense for terminology and policies relating to deployment of units and personnel away from their assigned duty stations (including the length of time units or personnel may be away for such a deployment) and shall establish uniform reporting systems for tracking deployments.
|
||||
|
||||
(Added Pub. L. 103–160, div. A, title IX, § 903(a), Nov. 30, 1993, 107 Stat. 1727; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(2), Feb. 10, 1996, 110 Stat. 510; Pub. L. 106–65, div. A, title IX, § 923(a), title X, § 1066(a)(1), Oct. 5, 1999, 113 Stat. 724, 770; Pub. L. 115–91, div. A, title IX, § 904(2), Dec. 12, 2017, 131 Stat. 1512; Pub. L. 117–81, div. A, title IX, § 901(f)(2), Dec. 27, 2021, 135 Stat. 1868.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 136 was renumbered section 138 of this title.
|
||||
|
||||
Amendments2021—Subsec. (a). Pub. L. 117–81 substituted “an armed force” for “the armed forces”. 2017—Subsec. (a). Pub. L. 115–91 inserted at end “A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of the armed forces.” 1999—Subsec. (a). Pub. L. 106–65, § 1066(a)(1), inserted “advice and” after “by and with the”. Subsec. (d). Pub. L. 106–65, § 923(a), added subsec. (d). 1996—Subsec. (c). Pub. L. 104–106 substituted “Under Secretary of Defense (Comptroller)” for “Comptroller”.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 136a"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "136a"
|
||||
citation: "10 U.S.C. § 136a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 136a - Repealed. Pub. L. 111–383, div. A, title IX, § 901(b)(1), Jan. 7, 2011, 124 Stat. 4317]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 107–107, div. A, title IX, § 901(a)(1), Dec. 28, 2001, 115 Stat. 1193; amended Pub. L. 111–84, div. A, title IX, § 906(c)(1)(C), (2)(C), Oct. 28, 2009, 123 Stat. 2427, established the position of Principal Deputy Under Secretary of Defense for Personnel and Readiness.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 136a was renumbered section 139 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as an Effective Date of 2011 Amendment note under section 131 of this title.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
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|
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title: "10 U.S.C. § 137"
|
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|
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|
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 137 - Under Secretary of Defense for Intelligence and Security
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is an Under Secretary of Defense for Intelligence and Security, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
|
||||
|
||||
(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence and Security shall—
|
||||
|
||||
(1) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for the activities of the Department of Defense that are part of the Military Intelligence Program;
|
||||
|
||||
(2) execute the functions for the National Intelligence Program of the Department of Defense under section 105 of the National Security Act of 1947 (50 U.S.C. 3038), as delegated by the Secretary of Defense;
|
||||
|
||||
(3) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for personnel security, physical security, industrial security, and the protection of classified information and controlled unclassified information, related activities of the Department of Defense; and
|
||||
|
||||
(4) perform such duties and exercise such powers as the Secretary of Defense may prescribe in the area of intelligence.
|
||||
|
||||
(c) The protection of privacy and civil liberties in accordance with Federal law and the regulations and directives of the Department of Defense shall be a top priority for the Under Secretary of Defense for Intelligence and Security.
|
||||
|
||||
(d) The Under Secretary of Defense for Intelligence and Security takes precedence in the Department of Defense after the Under Secretary of Defense for Personnel and Readiness.
|
||||
|
||||
(Added Pub. L. 107–314, div. A, title IX, § 901(a)(2), Dec. 2, 2002, 116 Stat. 2619; amended Pub. L. 115–91, div. A, title IX, § 904(3), Dec. 12, 2017, 131 Stat. 1512; Pub. L. 115–232, div. A, title XVI, § 1621, Aug. 13, 2018, 132 Stat. 2117; Pub. L. 116–92, div. A, title XVI, § 1621(d), (e)(1)(A)(ii), (C), Dec. 20, 2019, 133 Stat. 1732, 1733; Pub. L. 117–81, div. A, title IX, § 901(f)(3), Dec. 27, 2021, 135 Stat. 1868.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 137 was renumbered section 138b of this title. Another prior section 137 was renumbered section 135 of this title. Another prior section 137 was renumbered section 140 of this title.
|
||||
|
||||
Amendments2021—Subsec. (a). Pub. L. 117–81 substituted “an armed force” for “the armed forces”. 2019—Pub. L. 116–92, § 1621(e)(1)(C), substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence” in section catchline. Subsecs. (a), (b). Pub. L. 116–92, § 1621(e)(1)(A)(ii), substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”. Subsec. (c). Pub. L. 116–92, § 1621(d)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 116–92, § 1621(e)(1)(A)(ii), substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”. Pub. L. 116–92, § 1621(d)(1), redesignated subsec. (c) as (d). 2018—Subsec. (b). Pub. L. 115–232 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence shall perform such duties and exercise such powers as the Secretary of Defense may prescribe in the area of intelligence.” 2017—Subsec. (a). Pub. L. 115–91 inserted at end “A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of the armed forces.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Pub. L. 116–92, div. A, title XVI, § 1621(a)–(c), Dec. 20, 2019, 133 Stat. 1732, provided that: “(a) Redesignation of Under Secretary.—“(1) In general.—The Under Secretary of Defense for Intelligence is hereby redesignated as the Under Secretary of Defense for Intelligence and Security. “(2) Service of incumbent in position.—The individual serving as Under Secretary of Defense for Intelligence as of the date of the enactment of this Act [Dec. 20, 2019] may serve as Under Secretary of Defense for Intelligence and Security commencing as of that date without further appointment under section 137 of title 10, United States Code (as amended by subsection (c)(1)(A)(ii) [probably should be (e)(1)(A)(ii)]). “(3) Reference.—Any reference in any law, regulation, map, document, paper, or other record of the United States to the Under Secretary of Defense for Intelligence shall be deemed to be a reference to the Under Secretary of Defense for Intelligence and Security. “(b) Redesignation of Related Deputy Under Secretary.—“(1) In general.—The Deputy Under Secretary of Defense for Intelligence is hereby redesignated as the Deputy Under Secretary of Defense for Intelligence and Security. “(2) Service of incumbent in position.—The individual serving as Deputy Under Secretary of Defense for Intelligence as of the date of the enactment of this Act may serve as Deputy Under Secretary of Defense for Intelligence and Security commencing as of that date without further appointment under section 137a of title 10, United States Code (as amended by subsection (c)(1)(B) [probably should be (e)(1)(B)]). “(3) Reference.—Any reference in any law, regulation, map, document, paper, or other record of the United States to the Deputy Under Secretary of Defense for Intelligence shall be deemed to be a reference to the Deputy Under Secretary of Defense for Intelligence and Security. “(c) Rule of Construction Regarding Effects of Redesignation.—Nothing in this section shall be construed to modify or expand the authorities, resources, responsibilities, roles, or missions of the Under Secretary of Defense for Intelligence and Security, as redesignated by this section.”
|
||||
|
||||
Plan for Incorporation of Enterprise Query and Correlation Capability Into the Defense Intelligence Information EnterprisePub. L. 112–81, div. A, title IX, § 925, Dec. 31, 2011, 125 Stat. 1540, provided that: “(a) Plan Required.—“(1) In general.—The Under Secretary of Defense for Intelligence shall develop a plan for the incorporation of an enterprise query and correlation capability into the Defense Intelligence Information Enterprise (DI2E). “(2) Elements.—The plan required by paragraph (1) shall—“(A) include an assessment of all the current and planned advanced query and correlation systems which operate on large centralized databases that are deployed or to be deployed in elements of the Defense Intelligence Information Enterprise; and “(B) determine where duplication can be eliminated, how use of these systems can be expanded, whether these systems can be operated collaboratively, and whether they can and should be integrated with the enterprise-wide query and correlation capability required pursuant to paragraph (1). “(b) Pilot Program.—“(1) In general.—The Under Secretary shall conduct a pilot program to demonstrate an enterprisewide query and correlation capability through the Defense Intelligence Information Enterprise program. “(2) Purpose.—The purpose of the pilot program shall be to demonstrate the capability of an enterprisewide query and correlation system to achieve the following:“(A) To conduct complex, simultaneous queries by a large number of users and analysts across numerous, large distributed data stores with response times measured in seconds. “(B) To be scaled up to operate effectively on all the data holdings of the Defense Intelligence Information Enterprise. “(C) To operate across multiple levels of security with data guards. “(D) To operate effectively on both unstructured data and structured data. “(E) To extract entities, resolve them, and (as appropriate) mask them to protect sources and methods, privacy, or both. “(F) To control access to data by means of on-line electronic user credentials, profiles, and authentication. “(3) Termination.—The pilot program conducted under this subsection shall terminate on September 30, 2014. “(c) Report.—Not later than November 1, 2012, the Under Secretary shall submit to the appropriate committees of Congress a report on the actions undertaken by the Under Secretary to carry out this section. The report shall set forth the plan developed under subsection (a) and a description and assessment of the pilot program conducted under subsection (b). “(d) Appropriate Committees of Congress Defined.—In this section, the term ‘appropriate committees of Congress’ means—“(1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and “(2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.”
|
||||
|
||||
Relationship to Authorities Under National Security Act of 1947Pub. L. 107–314, div. A, title IX, § 901(d), Dec. 2, 2002, 116 Stat. 2620, as amended by Pub. L. 113–291, div. A, title X, § 1071(d)(2), Dec. 19, 2014, 128 Stat. 3509, provided that: “Nothing in section 137 of title 10, United States Code, as added by subsection (a), shall supersede or modify the authorities of the Secretary of Defense and the Director of Central Intelligence as established by the National Security Act of 1947 (50 U.S.C. 3001 et seq.).” [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.]
|
||||
@@ -0,0 +1,75 @@
|
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|
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|
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|
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 137a - Deputy Under Secretaries of Defense
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) There are six Deputy Under Secretaries of Defense.
|
||||
|
||||
(2) The Deputy Under Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
|
||||
|
||||
(3) The officials authorized under this section shall be the only Deputy Under Secretaries of Defense.
|
||||
|
||||
(b) Each Deputy Under Secretary of Defense shall be the first assistant to an Under Secretary of Defense and shall assist such Under Secretary in the performance of the duties of the position of such Under Secretary and shall act for, and exercise the powers of, such Under Secretary when such Under Secretary dies, resigns, or is otherwise unable to perform the functions and duties of the office.
|
||||
|
||||
(c) (1) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Research and Engineering.
|
||||
|
||||
(2) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Acquisition and Sustainment.
|
||||
|
||||
(3) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Policy.
|
||||
|
||||
(4) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Personnel and Readiness.
|
||||
|
||||
(5) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense (Comptroller).
|
||||
|
||||
(6) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Intelligence and Security, who shall be appointed from among persons who have extensive expertise in intelligence matters.
|
||||
|
||||
(d) The Deputy Under Secretaries of Defense take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and the Under Secretaries of Defense. The Deputy Under Secretaries shall take precedence among themselves in the order prescribed by the Secretary of Defense.
|
||||
|
||||
(Added Pub. L. 111–84, div. A, title IX, § 906(a)(1), Oct. 28, 2009, 123 Stat. 2425; amended Pub. L. 111–383, div. A, title IX, § 901(b)(3), (k)(1)(A), Jan. 7, 2011, 124 Stat. 4318, 4325; Pub. L. 113–291, div. A, title IX, § 901(i)(1), (j)(2)(C), (k)(3), Dec. 19, 2014, 128 Stat. 3467, 3468; Pub. L. 115–91, div. A, title IX, § 906(a)–(c), (f)(1), title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1513, 1514, 1597; Pub. L. 115–232, div. A, title X, § 1081(f)(1)(C), Aug. 13, 2018, 132 Stat. 1986; Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(B), Dec. 20, 2019, 133 Stat. 1733; Pub. L. 118–31, div. A, title IX, § 901(a)(3), Dec. 22, 2023, 137 Stat. 354.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—Subsec. (d). Pub. L. 118–31 struck out “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”. 2019—Subsec. (c)(6). Pub. L. 116–92 substituted “Deputy Under Secretary of Defense for Intelligence and Security” for “Deputy Under Secretary of Defense for Intelligence”. 2018—Subsec. (d). Pub. L. 115–232 substituted “the Chief Management Officer of the Department of Defense, the Secretaries of the military departments, and the Under Secretaries of Defense” for “the Secretaries of the military departments, the Under Secretaries of Defense, and the Deputy Chief Management Officer of the Department of Defense”. 2017—Pub. L. 115–91, § 906(f)(1), amended section catchline generally, substituting “Deputy Under Secretaries of Defense” for “Principal Deputy Under Secretaries of Defense”. Subsec. (a)(1). Pub. L. 115–91, § 906(b), substituted “six” for “five”. Pub. L. 115–91, § 906(a), struck out “Principal” before “Deputy Under”. Subsec. (a)(2). Pub. L. 115–91, § 906(a), struck out “Principal” before “Deputy Under”. Subsec. (b). Pub. L. 115–91, § 906(a), struck out “Principal” before “Deputy Under”. Subsec. (c). Pub. L. 115–91, § 906(c), added pars. (1) and (2), redesignated former pars. (2) to (5) as (3) to (6), respectively, and struck out former par. (1) which read as follows: “One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.” Pub. L. 115–91, § 906(a), struck out “Principal” before “Deputy Under” wherever appearing. Subsec. (d). Pub. L. 115–91, § 1081(b)(1)(A), repealed Pub. L. 113–291, § 901(j)(2)(C). See 2014 Amendment note below. Pub. L. 115–91, § 906(a), struck out “Principal” before “Deputy Under” in two places. 2014—Subsec. (a)(3). Pub. L. 113–291, § 901(i)(1), added par. (3). Subsec. (b). Pub. L. 113–291, § 901(k)(3), substituted “dies, resigns, or is otherwise unable to perform the functions and duties of the office” for “is absent or disabled”. Subsec. (d). Pub. L. 113–291, § 901(j)(2)(C), which directed substitution of “and the Under Secretaries of Defense.” for “the military departments, the Under Secretaries of Defense, and the Deputy Chief Management Officer of the Department of Defense.”, was repealed by Pub. L. 115–91, § 1081(b)(1)(A). 2011—Pub. L. 111–383, § 901(k)(1)(A), substituted “Principal Deputy Under Secretaries of Defense” for “Deputy Under Secretaries of Defense” in section catchline. Subsec. (a)(1). Pub. L. 111–383, § 901(b)(3)(A), substituted “Principal Deputy Under” for “Deputy Under”. Subsec. (a)(2). Pub. L. 111–383, § 901(b)(3)(B), struck out subpar. (A) and subpar. (B) designation and substituted “The Principal Deputy Under Secretaries of Defense” for “The Deputy Under Secretaries of Defense referred to in paragraphs (4) and (5) of subsection (c)”. Prior to amendment, subpar. (A) read as follows: “The Deputy Under Secretaries of Defense referred to in paragraphs (1) through (3) of subsection (c) shall be appointed as provided in the applicable paragraph.” Subsec. (b). Pub. L. 111–383, § 901(b)(3)(A), substituted “Principal Deputy Under” for “Deputy Under”. Subsec. (c)(1). Pub. L. 111–383, § 901(b)(3)(C)(i), (ii), substituted “One of the Principal Deputy” for “One of the Deputy” and struck out “appointed pursuant to section 133a of this title” after “Logistics”. Subsec. (c)(2). Pub. L. 111–383, § 901(b)(3)(C)(i), (ii), substituted “One of the Principal Deputy” for “One of the Deputy” and struck out “appointed pursuant to section 134a of this title” after “Policy”. Subsec. (c)(3). Pub. L. 111–383, § 901(b)(3)(C)(i), (ii), substituted “One of the Principal Deputy” for “One of the Deputy” and struck out “appointed pursuant to section 136a of this title” after “Readiness”. Subsec. (c)(4). Pub. L. 111–383, § 901(b)(3)(C)(i), (iii), substituted “One of the Principal Deputy Under Secretaries is” for “One of the Deputy Under Secretaries shall be”. Subsec. (c)(5). Pub. L. 111–383, § 901(b)(3)(C)(i), (iii), (iv), substituted “One of the Principal Deputy Under Secretaries is” for “One of the Deputy Under Secretaries shall be” and inserted before period at end “, who shall be appointed from among persons who have extensive expertise in intelligence matters”. Subsec. (d). Pub. L. 111–383, § 901(b)(3)(A), (D), substituted “Principal Deputy Under” for “Deputy Under” and inserted at end “The Principal Deputy Under Secretaries shall take precedence among themselves in the order prescribed by the Secretary of Defense.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentPub. L. 115–91, div. A, title IX, § 906(c), Dec. 12, 2017, 131 Stat. 1513, provided that the amendment made by section 906(c) is effective on Feb. 1, 2018. Pub. L. 115–91, div. A, title X, § 1081(b), Dec. 12, 2017, 131 Stat. 1597, provided that the amendment made by section 1081(b)(1)(A) is effective as of Dec. 23, 2016.
|
||||
|
||||
Effective Date of 2014 AmendmentPub. L. 113–291, div. A, title IX, § 901(i)(1), Dec. 19, 2014, 128 Stat. 3467, provided that the amendment made by section 901(i)(1) is effective Jan. 1, 2015. Pub. L. 113–291, div. A, title IX, § 901(j)(2), Dec. 19, 2014, 128 Stat. 3467, which provided that the amendment made by section 901(j)(2)(C) is effective on the effective date specified in former section 901(a)(1) of Pub. L. 113–291, which was Feb. 1, 2017, was repealed by Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597.
|
||||
|
||||
Effective Date of 2011 AmendmentAmendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.
|
||||
|
||||
Savings ProvisionsPub. L. 111–84, div. A, title IX, § 906(e), Oct. 28, 2009, 123 Stat. 2428, provided that: “(1) In general.—Notwithstanding the amendments made by this section [enacting this section and amending sections 133a, 134a, 136a, 138, and former 138a of this title and sections 5314 and 5315 of Title 5, Government Organization and Employees], the individual serving in a position specified in paragraph (2) on the day before the date of the enactment of this Act [Oct. 28, 2009] may continue to serve in such position without the requirement for appointment by the President, by and with the advice and consent of the Senate, for a period of up to four years after the date of the enactment of this Act. “(2) Covered positions.—The positions specified in this paragraph are the following:“(A) The Principal Deputy Under Secretary of Defense (Comptroller). “(B) The Principal Deputy Under Secretary of Defense for Intelligence.”
|
||||
|
||||
Temporary Authority for Additional DUSDSPub. L. 111–383, div. A, title IX, § 901(i)(2), Jan. 7, 2011, 124 Stat. 4323, provided that: “During the period beginning on the date of the enactment of this Act [Jan. 7, 2011] and ending on January 1, 2015, the Secretary of Defense may, in the Secretary’s discretion, appoint not more than five Deputy Under Secretaries of Defense in addition to the five Principal Deputy Under Secretaries of Defense authorized by section 137a of title 10, United States Code (as amended by subsection (b)(3)).”
|
||||
|
||||
Delayed Limitation on Number of Deputy Under Secretaries of DefensePub. L. 111–84, div. A, title IX, § 906(a)(2), Oct. 28, 2009, 123 Stat. 2426, as amended by Pub. L. 111–383, div. A, title IX, § 901(i)(1), Jan. 7, 2011, 124 Stat. 4323, which provided that, effective Jan. 1, 2015, the five Deputy Under Secretaries of Defense authorized by section 137a of title 10 would be the only Deputy Under Secretaries of Defense, was repealed by Pub. L. 113–291, div. A, title IX, § 901(i)(2), Dec. 19, 2014, 128 Stat. 3467. [Pub. L. 113–291, div. A, title IX, § 901(i)(2), Dec. 19, 2014, 128 Stat. 3467, provided that section 901(i)(2), which repealed section 906(a)(2) of Pub. L. 111–84, formerly set out above, is effective on the effective date specified in section 901(i)(1) of Pub. L. 113–291, which is Jan. 1, 2015.]
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 138c"
|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 138c"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
confidence: "official"
|
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tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 138c - Repealed. Pub. L. 113–291, div. A, title IX, § 901(g)(2), Dec. 19, 2014, 128 Stat. 3466]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 110–417, [div. A], title IX, § 902(a), Oct. 14, 2008, 122 Stat. 4564, § 139b; renumbered § 138c and amended Pub. L. 111–383, div. A, title IX, § 901(b)(7), (k)(1)(C), Jan. 7, 2011, 124 Stat. 4320, 4325; Pub. L. 112–81, div. A, title III, § 311, Dec. 31, 2011, 125 Stat. 1351; Pub. L. 112–239, div. A, title X, § 1076(f)(3), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 113–66, div. A, title III, § 311, Dec. 26, 2013, 127 Stat. 728; Pub. L. 113–291, div. A, title IX, § 901(g)(1)(B), (D), Dec. 19, 2014, 128 Stat. 3464, 3465, related to Assistant Secretary of Defense for Operational Energy Plans and Programs.
|
||||
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|
||||
---
|
||||
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|
||||
title: "10 U.S.C. § 138d"
|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 138d - Repealed. Pub. L. 113–291, div. A, title IX, § 901(h)(4), Dec. 19, 2014, 128 Stat. 3467]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 100–180, div. A, title XII, § 1245(a)(1), Dec. 4, 1987, 101 Stat. 1165, § 141; renumbered § 142, Pub. L. 103–160, div. A, title IX, § 901(a)(1), Nov. 30, 1993, 107 Stat. 1726; amended Pub. L. 104–106, div. A, title IX, §§ 903(c)(4), 904(a)(1), Feb. 10, 1996, 110 Stat. 402, 403; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 110–417, [div. A], title IX, § 905, Oct. 14, 2008, 122 Stat. 4568; renumbered § 138d and amended Pub. L. 111–383, div. A, title IX, § 901(b)(8), (k)(1)(D), Jan. 7, 2011, 124 Stat. 4320, 4325, related to Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,127 @@
|
||||
---
|
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title: "10 U.S.C. § 139a"
|
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 139a - Director of Cost Assessment and Program Evaluation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Appointment.— There is a Director of Cost Assessment and Program Evaluation in the Department of Defense, appointed by the President, by and with the advice and consent of the Senate.
|
||||
|
||||
(b) Independent Advice to Secretary of Defense.— (1) The Director of Cost Assessment and Program Evaluation is the principal advisor to the Secretary of Defense and other senior officials of the Department of Defense, and shall provide independent analysis and advice to such officials, on the following matters:
|
||||
|
||||
(A) Matters assigned to the Director pursuant to this section and section 3221 of this title.
|
||||
|
||||
(B) Matters assigned to the Director by the Secretary pursuant to section 113 of this title.
|
||||
|
||||
(2) The Director may communicate views on matters within the responsibility of the Director directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.
|
||||
|
||||
(c) Deputy Directors.— There are two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation, as follows:
|
||||
|
||||
(1) The Deputy Director for Cost Assessment.
|
||||
|
||||
(2) The Deputy Director for Program Evaluation.
|
||||
|
||||
(d) Responsibilities.— The Director of Cost Assessment and Program Evaluation shall carry out the requirements of this section in accordance with the objectives established pursuant to section 3102 of this title and shall serve as the principal official within the senior management of the Department of Defense for the following:
|
||||
|
||||
(1) Cost estimation and cost analysis for acquisition programs of the Department of Defense, and carrying out the duties assigned pursuant to section section 3221 of this title.
|
||||
|
||||
(2) Analysis and advice on matters relating to the planning and programming phases of the Planning, Programming, Budgeting and Execution system, and the preparation of materials and guidance for such system, as directed by the Secretary of Defense, working in coordination with the Under Secretary of Defense (Comptroller).
|
||||
|
||||
(3) Analysis and advice for resource discussions relating to requirements under consideration in the Joint Requirements Oversight Council pursuant to section 181 of this title.
|
||||
|
||||
(4) Formulation of study guidance for analyses of alternatives for major defense acquisition programs and performance of such analyses, as directed by the Secretary of Defense.
|
||||
|
||||
(5) Review, analysis, and evaluation of programs for executing approved strategies and policies and ensuring that information on programs is presented accurately and completely.
|
||||
|
||||
(6) Assessments of special access and compartmented intelligence programs, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Intelligence and Security and in accordance with applicable policies.
|
||||
|
||||
(7) Assessments of alternative plans, programs, and policies with respect to the acquisition programs of the Department of Defense.
|
||||
|
||||
(8) Leading the development of improved analytical skills and competencies within the cost assessment and program evaluation workforce of the Department of Defense and improved tools, data, and methods to promote performance, economy, and efficiency in analyzing national security planning and the allocation of defense resources, including the standardization of analytical methodologies and the establishment and maintenance of a centralized knowledge repository of physical attributes or other data for modeling and simulation purposes.
|
||||
|
||||
(9) Performing the duties assigned to the Director in section 2222 of this title.
|
||||
|
||||
(e) Program Evaluation Competitive Analysis Cell.— (1) Not later than June 1, 2024, the Secretary of Defense shall establish a team, to be known as the “Program Evaluation Competitive Analysis Cell” (referred to in this subsection as the “Cell”), to critically assess the analytical methodologies, assumptions, and data used in key strategic and operational analyses conducted by the Director of Cost Assessment and Program Evaluation.
|
||||
|
||||
(2) The Secretary of Defense shall—
|
||||
|
||||
(A) designate an individual to serve as the head of the Cell; and
|
||||
|
||||
(B) ensure that the Cell has a sufficient number of personnel to carry out the duties described in this subsection.
|
||||
|
||||
(3) The Cell shall be independent of the Director of Cost Assessment and Program Evaluation. The head of the Cell shall report directly to the Secretary of Defense or the Deputy Secretary of Defense.
|
||||
|
||||
(4) (A) Not less frequently than once every two years, the Cell shall conduct an alternative operational or strategic analysis of an analytical question identified by the Chairman of the Joint Chiefs of Staff under subparagraph (B). In conducting such alternative analysis, the Cell shall use assumptions different from the assumptions used by the Director of Cost Assessment and Program Evaluation for the original analysis of such question.
|
||||
|
||||
(B) For purposes of each alternative analysis required under subparagraph (A), at an appropriate time before the commencement of such analysis—
|
||||
|
||||
(i) the Director of the Joint Staff shall submit to the Chairman of the Joint Chiefs of Staff a list of not fewer than three operational or strategic questions previously studied by the Director of Cost Assessment and Program Evaluation that could potentially serve as the basis of for such alternative analysis; and
|
||||
|
||||
(ii) from such list, the Chairman shall select one question to serve as the basis for such analysis.
|
||||
|
||||
(f) Inclusion of Risk Estimates in Certain Submissions.— In any case in which the Director of Cost Assessment and Program Evaluation submits to the Secretary of Defense an analytical product that recommends not meeting or changing a requirement established by the Joint Requirements Oversight Council, the Director shall include with such submission—
|
||||
|
||||
(1) a risk assessment that assesses any risks of the recommended course of action with respect to the execution of operational plans and the long-term ability of the armed forces to meet the needs of combatant commanders (as determined by the Secretary of Defense); and
|
||||
|
||||
(2) a risk estimate from the military service in question that assesses the risks described in paragraph (1).
|
||||
|
||||
(g) Annual Reports.— (1) In general.— Not later than February 1, 2024, and annually thereafter, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report on any strategic and operational analyses conducted under paragraphs (2), (3), (6), (7), or (8) of subsection (d). Each report shall include—
|
||||
|
||||
(A) a review of strategic portfolio reviews completed in the fiscal year preceding submission of the report and a description of such reviews planned for the fiscal year that begins after submission of the report;
|
||||
|
||||
(B) a review of analyses of alternatives completed in the fiscal year preceding submission of the report and a description of such analyses planned for the fiscal year that begins after submission of the report; and
|
||||
|
||||
(C) a review of defense program projections completed in the fiscal year preceding submission of the report and a description of such projections planned for the fiscal year that begins after submission of the report.
|
||||
|
||||
(2) Form.— Each report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary.
|
||||
|
||||
(3) Briefings.— Not later than 15 days after the submission of each report required by paragraph (1), the Director of Cost Assessment and Program Evaluation shall provide to the congressional defense committees a briefing on the contents of the report.
|
||||
|
||||
(h) Quarterly Briefings.— Beginning not later than 30 days after the date of the enactment of this subsection, and on a quarterly basis thereafter, the Director of Cost Assessment and Program Evaluation shall provide to the congressional defense committees a briefing on the activities carried out by the Director during the preceding quarter and any ongoing activities of the Director as of the date of briefing.
|
||||
|
||||
(Added Pub. L. 111–23, title I, § 101(a)(1), May 22, 2009, 123 Stat. 1705, § 139c; renumbered § 139a and amended Pub. L. 111–383, div. A, title IX, § 901(f), title X, § 1075(b)(5), Jan. 7, 2011, 124 Stat. 4322, 4369; Pub. L. 112–239, div. A, title X, § 1076(f)(4), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 115–91, div. A, title IX, § 912(c), Dec. 12, 2017, 131 Stat. 1521; Pub. L. 116–92, div. A, title IX, § 902(5), title XVI, § 1621(e)(1)(A)(iii), Dec. 20, 2019, 133 Stat. 1543, 1733; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294; Pub. L. 118–31, div. A, title IX, § 902(a), Dec. 22, 2023, 137 Stat. 355; Pub. L. 118–159, div. A, title XVII, § 1701(a)(3), Dec. 23, 2024, 138 Stat. 2203; Pub. L. 119–60, div. A, title XVII, § 1701(a)(4), title XVIII, § 1801(a)(2)(C), Dec. 18, 2025, 139 Stat. 1208, 1222.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of this subsection, referred to in subsec. (h), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.
|
||||
|
||||
Prior ProvisionsA prior section 139a was renumbered section 138b of this title. Another prior section 139a was renumbered section 4351 of this title.
|
||||
|
||||
Amendments2025—Subsec. (b)(1)(A). Pub. L. 119–60, § 1701(a)(4), substituted “section 3221” for “section 2334”. Subsec. (d). Pub. L. 119–60, § 1801(a)(2)(C), in introductory provisions, inserted “shall carry out the requirements of this section in accordance with the objectives established pursuant to section 3102 of this title and” before “shall serve”. Subsec. (d)(1). Pub. L. 119–60, § 1701(a)(4), substituted “section 3221” for “section 2334”. 2024—Subsec. (h). Pub. L. 118–159 substituted “out by the Director” for “out by Director” and “and any” for “an any”. 2023—Subsec. (d)(5). Pub. L. 118–31, § 902(a)(1)(A), substituted “and ensuring” for “, ensuring” and struck out “, and assessing the effect of spending by the Department of Defense on the United States economy” after “accurately and completely”. Subsec. (d)(8). Pub. L. 118–31, § 902(a)(1)(B), inserted “, including the standardization of analytical methodologies and the establishment and maintenance of a centralized knowledge repository of physical attributes or other data for modeling and simulation purposes” after “defense resources”. Subsecs. (e) to (h). Pub. L. 118–31, § 902(a)(2), added subsecs. (e) to (h). 2021—Subsecs. (b)(1)(A), (d)(1). Pub. L. 116–283, which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2334”, which was redesignated as multiple sections. 2019—Subsec. (d)(6). Pub. L. 116–92, § 1621(e)(1)(A)(iii), substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”. Pub. L. 116–92, § 902(5), substituted “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”. 2017—Subsec. (d)(9). Pub. L. 115–91 added par. (9). 2013—Subsec. (d)(4). Pub. L. 112–239, which directed amendment of par. (4) by inserting a period at end, was not executed to reflect the probable intent of Congress and the prior amendment by Pub. L. 111–383, § 1075(b)(5). See 2011 Amendment note below. 2011—Pub. L. 111–383, § 901(f), renumbered section 139c of this title as this section. Subsec. (d)(4). Pub. L. 111–383, § 1075(b)(5), which directed amendment of section 139c of this title by inserting a period at the end of subsec. (d)(4), was executed to this section, to reflect the probable intent of Congress and the renumbering of section 139c of this title as this section by Pub. L. 111–383, § 901(f). See above.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by section 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed 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.
|
||||
|
||||
Effective Date of 2011 AmendmentAmendment by section 901(f) of Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.
|
||||
|
||||
Transfer of Personnel and Functions Pub. L. 111–23, title I, § 101(c), May 22, 2009, 123 Stat. 1709, provided that: “(1) Transfer of functions.—The functions of the Office of Program Analysis and Evaluation of the Department of Defense, including the functions of the Cost Analysis Improvement Group, are hereby transferred to the Office of the Director of Cost Assessment and Program Evaluation. “(2) Transfer of personnel to deputy director for independent cost assessment.—The personnel of the Cost Analysis Improvement Group are hereby transferred to the Deputy Director for Cost Assessment in the Office of the Director of Cost Assessment and Program Evaluation. “(3) Transfer of personnel to deputy director for program analysis and evaluation.—The personnel (other than the personnel transferred under paragraph (2)) of the Office of Program Analysis and Evaluation are hereby transferred to the Deputy Director for Program Evaluation in the Office of the Director of Cost Assessment and Program Evaluation.”
|
||||
|
||||
Pilot Program on Alternative Analysis; Establishment of Analysis Working GroupPub. L. 118–31, div. A, title IX, § 902(b)–(d), Dec. 22, 2023, 137 Stat. 357, 358, provided that: “(b) Pilot Program on Alternative Analysis.—“(1) In general.—Not later than May 1, 2024, the Director of Cost Assessment and Program Evaluation shall establish a pilot program on alternative analysis (referred to in this subsection as the ‘pilot program’). “(2) Structure.—Under the pilot program, the Director shall establish three analytical groups focused on programmatic analysis in the following:“(A) Year 1 of the future-years defense program under section 221 of title 10, United States Code, beginning with fiscal year 2025. “(B) Years 2 through 5 of the future-years defense program. “(C) Years outside the future-years defense program. “(3) Requirements.—The Director shall ensure that at least one strategic portfolio review or an equivalent analytical effort is conducted each year under the pilot program. “(4) Termination.—The pilot program shall terminate on September 30, 2028. “(c) Establishment of Analysis Working Group.—“(1) In general.—Not later than May 1, 2024, the Secretary of Defense shall establish within the Department of Defense a working group to be known as the ‘Analysis Working Group’. “(2) Personnel.—The Secretary of Defense shall ensure that the Analysis Working Group possesses sufficient full-time equivalent support personnel to carry out the duties of the Group, including expansive coordination activities across the Department of Defense. “(3) Membership.—“(A) Regular members.—The Analysis Working Group shall be composed of at least one representative from each of the following components of the Department of Defense:“(i) The Office of the Director of Cost Assessment and Program Evaluation. “(ii) The Directorate for Joint Force Development (J7) of the Joint Staff. “(iii) The Directorate for Force Structure, Resources, and Assessment (J8) of the Joint Staff. “(iv) The Office of the Secretary of Defense for Policy. “(v) The Chief Digital and Artificial Intelligence Office. “(B) Observers.—At least one representative from each of the following commands shall serve as observers of the Analysis Working Group:“(i) The United States Indo-Pacific Command. “(ii) The United States European Command. “(iii) The United States Central Command. “(4) Duties.—The Analysis Working Group shall—“(A) establish clear priorities and standards to focus analysts on decision support; “(B) improve transparency of methodologies, tools, and tradecraft across the analytic community, including testing and validation for new or emerging methodologies, tools, and tradecraft; “(C) improve quality of and expand access to data, including evaluation of new data sets, or application of existing data sets in new or novel ways; “(D) evolve the methodologies, tools, and tradecraft methods and tools used in strategic analysis; “(E) resolve classified access and infrastructure challenges; “(F) foster a workforce and organizations that are innovative, creative, and provide high-quality strategic decision support; and “(G) carry out such other activities as the Secretary of Defense determines appropriate. “(d) Rule of Construction.—Nothing in subsection (b) or (c) shall be construed to interfere with the authority of the Chiefs of Staff of the Armed Forces to establish military requirements, performance requirements, and joint performance requirements, or the authority of the Joint Requirements Oversight Council to validate such requirements under section 181 of title 10, United States Code.”
|
||||
@@ -0,0 +1,87 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "4"
|
||||
chapter_name: "OFFICE OF THE SECRETARY OF DEFENSE"
|
||||
section: "139b"
|
||||
citation: "10 U.S.C. § 139b"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
source: "official"
|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 139b - Secretariat for Special Operations; Special Operations Policy and Oversight Council
|
||||
|
||||
## Text
|
||||
|
||||
(a) Secretariat for Special Operations.— (1) In general.— In order to fulfill the responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict specified in section 138(b)(2)(A)(i) of this title, there shall be within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict an office to be known as the “Secretariat for Special Operations”.
|
||||
|
||||
(2) Purpose.— The purpose of the Secretariat is to assist the Assistant Secretary in exercising authority, direction, and control with respect to the special operations-peculiar administration and support of the special operations command, including the readiness and organization of special operations forces, resources and equipment, and civilian personnel as specified in such section.
|
||||
|
||||
(3) Director.— The Director of the Secretariat for Special Operations shall be appointed by the Secretary of Defense from among individuals qualified to serve as the Director. An individual serving as Director shall, while so serving, be a member of the Senior Executive Service.
|
||||
|
||||
(4) Administrative chain of command.— For purposes of the support of the Secretariat for the Assistant Secretary in the fulfillment of the responsibilities referred to in paragraph (1), the administrative chain of command is as specified in section 167(f) of this title. Unless otherwise directed by the President, no officer below the Secretary of Defense (other than the Assistant Secretary) may intervene to exercise authority, direction, or control over the Secretariat in its support of the Assistant Secretary in the discharge of such responsibilities.
|
||||
|
||||
(b) Special Operations Policy and Oversight Council.— (1) In general.— In order to fulfill the responsibilities specified in section 138(b)(2)(A)(i) of this title, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall establish and lead a team known as the “Special Operation Policy and Oversight Council” (in this subsection referred to as the “Council”).
|
||||
|
||||
(2) Purpose.— The purpose of the Council is to integrate the functional activities of the headquarters of the Department of Defense in order to most efficiently and effectively provide for special operations forces and capabilities. In fulfilling this purpose, the Council shall develop and continuously improve policy, joint processes, and procedures that facilitate the development, acquisition, integration, employment, and sustainment of special operations forces and capabilities.
|
||||
|
||||
(3) Membership.— The Council shall include the following:
|
||||
|
||||
(A) The Assistant Secretary.
|
||||
|
||||
(B) Appropriate senior representatives of each of the following:
|
||||
|
||||
(i) The Under Secretary of Defense for Research and Engineering.
|
||||
|
||||
(ii) The Under Secretary of Defense for Acquisition and Sustainment.
|
||||
|
||||
(iii) The Under Secretary of Defense (Comptroller).
|
||||
|
||||
(iv) The Under Secretary of Defense for Personnel and Readiness.
|
||||
|
||||
(v) The Under Secretary of Defense for Intelligence.
|
||||
|
||||
(vi) The General Counsel of the Department of Defense.
|
||||
|
||||
(vii) The other Assistant Secretaries of Defense under the Under Secretary of Defense for Policy.
|
||||
|
||||
(viii) The military departments.
|
||||
|
||||
(ix) The Joint Staff.
|
||||
|
||||
(x) The United States Special Operations Command.
|
||||
|
||||
(xi) Such other officers or Agencies, elements, or components of the Department of Defense as the Secretary of Defense considers appropriate.
|
||||
|
||||
(4) Operation.— The Council shall operate continuously.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title IX, § 922(b)(1), Dec. 23, 2016, 130 Stat. 2355; amended Pub. L. 115–91, div. A, title X, § 1081(a)(7), Dec. 12, 2017, 131 Stat. 1594; Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(A)(iv), Dec. 20, 2019, 133 Stat. 1733; Pub. L. 116–283, div. A, title IX, § 902(b)(1), Jan. 1, 2021, 134 Stat. 3795.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 139b, added Pub. L. 111–23, title I, § 102(a)(1), May 22, 2009, 123 Stat. 1710, § 139d; renumbered § 139b and amended Pub. L. 111–383, div. A, title IX, § 901(e), (f), (k)(1)(E), title X, § 1075(b)(6), Jan. 7, 2011, 124 Stat. 4321, 4322, 4325, 4369; Pub. L. 112–81, div. A, title VIII, § 835(b), Dec. 31, 2011, 125 Stat. 1507; Pub. L. 112–239, div. A, title IX, § 904(a)–(d), (f), (g), title X, § 1076(f)(5), Jan. 2, 2013, 126 Stat. 1866, 1867, 1952; Pub. L. 113–291, div. A, title II, § 221(a), Dec. 19, 2014, 128 Stat. 3330; Pub. L. 114–92, div. A, title VIII, § 832, title X, § 1078(b), Nov. 25, 2015, 129 Stat. 913, 998, related to Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering; support of major defense acquisition programs; annual and biennial report requirements; and joint guidance in certain areas, prior to repeal by Pub. L. 114–328, div. A, title IX, § 901(e)(2), Dec. 23, 2016, 130 Stat. 2342. Another prior section 139b was renumbered section 138c of this title and was subsequently repealed. Another prior section 139b was renumbered sections 4371 to 4375 of this title.
|
||||
|
||||
Amendments2021—Pub. L. 116–283 amended section generally. Prior to amendment, section related to Special Operations Policy and Oversight Council. 2019—Subsec. (c)(2)(E). Pub. L. 116–92 substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”. 2017—Subsec. (c)(2)(K). Pub. L. 115–91 inserted period at end.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Optimization of Irregular Warfare Technical Support DirectoratePub. L. 117–81, div. A, title X, § 1071, Dec. 27, 2021, 135 Stat. 1913, provided that: “(a) Plan Required.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for improving the support provided by the Irregular Warfare Technical Support Directorate to meet military requirements. Such plan shall include the following:“(1) Specific actions to—“(A) ensure adequate focus on rapid fielding of required capabilities; “(B) improve metrics and methods for tracking projects that have transitioned into programs of record; and “(C) minimize overlap with other research, development, and acquisition efforts. “(2) Such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant. “(b) Department of Defense Instruction Required.—Not later than 270 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Secretaries of the military departments, shall publish an updated Department of Defense Instruction in order to—“(1) define the objectives, organization, mission, customer base, and role of the Irregular Warfare Technical Support Directorate; “(2) ensure coordination with external program managers assigned to the military departments and the United States Special Operations Command; “(3) facilitate adequate oversight by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment; and “(4) address such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant.”
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 139c - Repealed. Pub. L. 114–328, div. A, title IX, § 901(e)(2), Dec. 23, 2016, 130 Stat. 2342]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added § 139e and renumbered § 139c, Pub. L. 111–383, div. A, title VII, § 896(a), title IX, § 901(f), Jan. 7, 2011, 124 Stat. 4314, 4322; amended Pub. L. 112–81, div. A, title VIII, § 855, Dec. 31, 2011, 125 Stat. 1521; Pub. L. 112–239, div. A, title IX, § 901(a), (b), title X, § 1076(a)(13), (b)(3), Jan. 2, 2013, 126 Stat. 1863, 1864, 1948, 1949; Pub. L. 114–328, div. A, title X, § 1081(b)(4)(A), Dec. 23, 2016, 130 Stat. 2419, related to Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy.
|
||||
|
||||
A prior section 139c was renumbered section 139a of this title.
|
||||
|
||||
Another prior section 139c was renumbered section 2434 of this title.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
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type: "LegalText"
|
||||
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|
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 140"
|
||||
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|
||||
release_point: "119-100"
|
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release_date: "2026-06-26"
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source: "official"
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 140 - General Counsel
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is a General Counsel of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
|
||||
|
||||
(b) The General Counsel is the chief legal officer of the Department of Defense. He shall perform such functions as the Secretary of Defense may prescribe.
|
||||
|
||||
(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 519, § 137; amended Pub. L. 88–426, title III, § 305(9), Aug. 14, 1964, 78 Stat. 423; renumbered § 139 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(d)(11), Oct. 1, 1986, 100 Stat. 995, 1003; renumbered § 140, Pub. L. 103–160, div. A, title IX, § 901(a)(1), Nov. 30, 1993, 107 Stat. 1726.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 137(a)[Uncodified: 1953 Reorg. Plan No. 6, eff. June 30, 1953, § 4 (1st 25 words of 1st sentence), 67 Stat. 639].1953 Reorg. Plan No. 6, eff. June 30, 1953, § 4, 67 Stat. 639. 137(b)[Uncodified: 1953 Reorg. Plan No. 6, eff. June 30, 1953, § 4 (1st sentence, less 1st 25 words), 67 Stat. 639]. 137(c)[Uncodified: 1953 Reorg. Plan No. 6, eff. June 30, 1953, § 4 (2d sentence), 67 Stat. 639]. In subsection (b), the words “from time to time” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 140 was renumbered section 141 of this title. Another prior section 140 was renumbered section 127 of this title.
|
||||
|
||||
Amendments1993—Pub. L. 103–160 renumbered section 139 of this title as this section. 1986—Pub. L. 99–433, §§ 101(a)(7), 110(d)(11), renumbered section 137 of this title as this section, and struck out “: powers and duties” at end of section catchline. 1964—Subsec. (c). Pub. L. 88–426 repealed subsec. (c) which related to compensation of General Counsel. See section 5315 of Title 5, Government Organization and Employees.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1964 AmendmentFor effective date of amendment by Pub. L. 88–426, see section 501 of Pub. L. 88–426.
|
||||
@@ -0,0 +1,35 @@
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 140a - Renumbered § 422]
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 140a was renumbered section 421 of this title.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
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|
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|
||||
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|
||||
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||||
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---
|
||||
|
||||
# 10 U.S.C. § 140b - Renumbered § 423]
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 140b was renumbered section 129 of this title.
|
||||
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|
||||
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|
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|
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||||
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---
|
||||
|
||||
# 10 U.S.C. § 140c - Renumbered § 130]
|
||||
|
||||
|
||||
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|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 141"
|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 141 - Inspector General
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is an Inspector General of the Department of Defense, who is appointed as provided in section 403 of title 5.
|
||||
|
||||
(b) The Inspector General performs the duties, has the responsibilities, and exercises the powers specified in chapter 4 of title 5.
|
||||
|
||||
(Added Pub. L. 99–433, title I, § 108, Oct. 1, 1986, 100 Stat. 998, § 140; renumbered § 141, Pub. L. 103–160, div. A, title IX, § 901(a)(1), Nov. 30, 1993, 107 Stat. 1726; amended Pub. L. 117–286, § 4(b)(26), Dec. 27, 2022, 136 Stat. 4346.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 141 was renumbered section 138d of this title. Another prior section 141 of this title was contained in chapter 5 of this title, prior to amendment by Pub. L. 99–433. See note preceding section 151 of this title.
|
||||
|
||||
Amendments2022—Subsec. (a). Pub. L. 117–286, § 4(b)(26)(A), substituted “section 403 of title 5.” for “section 3 of the Inspector General Act of 1978 (Public Law 95–452; 5 U.S.C. App. 3).” Subsec. (b). Pub. L. 117–286, § 4(b)(26)(B), substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978.” 1993—Pub. L. 103–160 renumbered section 140 of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Inspector General Oversight of Diversity and Inclusion in Department of Defense; Supremacist, Extremist, or Criminal Gang Activity in the Armed ForcesPub. L. 116–283, div. A, title V, § 554, Jan. 1, 2021, 134 Stat. 3633, as amended by Pub. L. 117–81, div. A, title V, § 549K, Dec. 27, 2021, 135 Stat. 1731, which related to Inspector General oversight of diversity and inclusion in Department of Defense and the establishment of policies, processes, and mechanisms for supremacist, extremist, or criminal gang activity in certain Armed Forces, was repealed by Pub. L. 119–60, div. A, title IX, § 901(d), Dec. 18, 2025, 139 Stat. 1007.
|
||||
@@ -0,0 +1,97 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 142"
|
||||
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|
||||
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|
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|
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|
||||
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 142 - Chief Information Officer
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is a Chief Information Officer of the Department of Defense, who shall be appointed by the President, by and with the advice and consent of the Senate, from among civilians who are qualified to serve as such officer.
|
||||
|
||||
(b) (1) The Chief Information Officer of the Department of Defense—
|
||||
|
||||
(A) is the Chief Information Officer of the Department of Defense for the purposes of sections 3506(a)(2) and 3544(a)(3) of title 44;
|
||||
|
||||
(B) has the responsibilities and duties specified in sections 11315 and 11319 of title 40;
|
||||
|
||||
(C) has the responsibilities specified for the Chief Information Officer in sections 2223(a) and 2224 of this title;
|
||||
|
||||
(D) exercises authority, direction, and control over the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, funded through the Information Systems Security Program;
|
||||
|
||||
(E) exercises authority, direction, and control over the Defense Information Systems Agency, or any successor organization;
|
||||
|
||||
(F) has the responsibilities for policy, oversight, guidance, and coordination for all Department of Defense matters related to electromagnetic spectrum, including coordination with other Federal and industry agencies, coordination for classified programs, and in coordination with the Under Secretary for Personnel and Readiness, policies related to spectrum management workforce;
|
||||
|
||||
(G) has the responsibilities for policy, oversight, and guidance for matters related to precision navigation and timing; and
|
||||
|
||||
(H) has the responsibilities for policy, oversight, and guidance for the architecture and programs related to the information technology, networking, information assurance, cybersecurity, and cyber capability architectures of the Department.
|
||||
|
||||
(2) (A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the Secretaries of the military departments and the heads of the Defense Agencies with responsibilities associated with any activity specified in paragraph (1) to transmit the proposed budget for such activities for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Chief Information Officer for review under subparagraph (B) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).
|
||||
|
||||
(B) The Chief Information Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary of Defense a report containing the comments of the Chief Information Officer with respect to all such proposed budgets, together with the certification of the Chief Information Officer regarding whether each proposed budget is adequate.
|
||||
|
||||
(C) Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report specifying each proposed budget contained in the most-recent report submitted under subparagraph (B) that the Chief Information Officer did not certify to be adequate. The report of the Secretary shall include the following matters:
|
||||
|
||||
(i) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budgets specified in the report.
|
||||
|
||||
(ii) Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets.
|
||||
|
||||
(3) (A) The Secretary of a military department or head of a Defense Agency may not develop or procure information technology (as defined in section 11101 of title 40) that does not fully comply with such standards as the Chief Information Officer may establish.
|
||||
|
||||
(B) The Chief Information Officer shall implement and enforce a process for—
|
||||
|
||||
(i) developing, adopting, or publishing standards for information technology, networking, or cyber capabilities to which any military department or defense agency would need to adhere in order to run such capabilities on defense networks; and
|
||||
|
||||
(ii) certifying on a regular and ongoing basis that any capabilities being developed or procured meets such standards as have been published by the Department at the time of certification.
|
||||
|
||||
(C) The Chief Information Officer shall identify gaps in standards and mitigation plans for operating in the absence of acceptable standards.
|
||||
|
||||
(4) The Chief Information Officer shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe.
|
||||
|
||||
(c) The Chief Information Officer takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) of this title. The officials serving in positions specified in section 131(b)(4) and the Chief Information Officer of the Department of Defense take precedence among themselves in the order prescribed by the Secretary of Defense.
|
||||
|
||||
(d) The Chief Information Officer of the Department of Defense shall report directly to the Secretary of Defense in the performance of duties under this section.
|
||||
|
||||
(Added and amended Pub. L. 113–291, div. A, title IX, § 901(b)(1), (j)(1)(B), Dec. 19, 2014, 128 Stat. 3463, 3467; Pub. L. 114–328, div. A, title IX, § 902(a), Dec. 23, 2016, 130 Stat. 2343; Pub. L. 115–91, div. A, title IX, § 909(a)–(d), title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1514, 1515, 1597; Pub. L. 115–232, div. A, title IX, § 903, Aug. 13, 2018, 132 Stat. 1922; Pub. L. 116–92, div. A, title IX, § 903(a)(1), title XVI, § 1662(b), Dec. 20, 2019, 133 Stat. 1555, 1772; Pub. L. 116–283, div. A, title X, § 1081(a)(9), Jan. 1, 2021, 134 Stat. 3871; Pub. L. 117–81, div. A, title XV, § 1523, Dec. 27, 2021, 135 Stat. 2042.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 142 of this title was renumbered section 138d of this title and subsequently repealed. Another prior section 142 of this title was contained in chapter 5 of this title, prior to amendment by Pub. L. 99–433. See note preceding section 151 of this title.
|
||||
|
||||
Amendments2021—Subsec. (b)(1)(A). Pub. L. 117–81, § 1523(1), struck out “(other than with respect to business management)” after “sections 3506(a)(2)”. Subsec. (b)(1)(B). Pub. L. 117–81, § 1523(1), struck out “(other than with respect to business management)” after “title 40”. Subsec. (b)(1)(C). Pub. L. 117–81, § 1523(1), struck out “(other than with respect to business management)” after “sections 2223(a)”. Subsec. (b)(1)(D). Pub. L. 117–81, § 1523(2), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “exercises authority, direction, and control over the Information Assurance Directorate of the National Security Agency;”. Subsecs. (c), (d). Pub. L. 116–283 redesignated subsec. (c) relating to the direct report of the Chief Information Officer to the Secretary of Defense as (d) and struck out former subsec. (d) which read as follows: “The Chief Information Officer of the Department of Defense takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) of this title. The officials serving in positions specified in such section and the Chief Information Officer take precedence among themselves in the order prescribed by the Secretary of Defense.” 2019—Subsec. (b)(1)(A) to (C). Pub. L. 116–92, § 903(a)(1), struck out “systems and” after “business”. Subsec. (b)(1)(G) to (I). Pub. L. 116–92, § 1662(b), redesignated subpars. (H) and (I) as (G) and (H), respectively, and struck out former subpar. (G) which read as follows: “has the responsibilities for policy, oversight, guidance, and coordination for nuclear command and control systems;”. 2018—Subsec. (b)(1)(A). Pub. L. 115–232, § 903(1), inserted “(other than with respect to business systems and management)” after “sections 3506(a)(2)”. Subsec. (b)(1)(B). Pub. L. 115–232, § 903(2), substituted “sections 11315 and 11319 of title 40 (other than with respect to business systems and management)” for “section 11315 of title 40”. Subsec. (b)(1)(C). Pub. L. 115–232, § 903(3), substituted “sections 2223(a) (other than with respect to business systems and management) and 2224” for “sections 2222, 2223(a), and 2224”. 2017—Subsec. (a). Pub. L. 115–91, § 909(a), inserted before period at end “, who shall be appointed by the President, by and with the advice and consent of the Senate, from among civilians who are qualified to serve as such officer”. Subsec. (b)(1)(I). Pub. L. 115–91, § 909(b), substituted “the information technology, networking, information assurance, cybersecurity, and cyber capability architectures” for “the networking and cyber defense architecture”. Subsec. (b)(2) to (4). Pub. L. 115–91, § 909(c), added pars. (2) and (3) and redesignated former par. (2) as (4). Subsec. (c). Pub. L. 115–91, § 1081(b)(1)(A), repealed Pub. L. 113–291, § 901(j)(1)(B). See 2014 Amendment note below. Pub. L. 115–91, § 909(d), added subsec. (c), relating to the direct report of the Chief Information Officer to the Secretary of Defense. Subsec. (d). Pub. L. 115–91, § 909(d), added subsec. (d). 2016—Subsec. (b)(1)(E) to (I). Pub. L. 114–328 added subpars. (E) to (I). 2014—Subsec. (c). Pub. L. 113–291, § 901(j)(1)(B), which directed striking out subsec. (c), was repealed by Pub. L. 115–91, § 1081(b)(1)(A).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentPub. L. 115–91, div. A, title IX, § 909(g), Dec. 12, 2017, 131 Stat. 1516, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2019.” Pub. L. 115–91, div. A, title X, § 1081(b), Dec. 12, 2017, 131 Stat. 1597, provided that the amendment made by section 1081(b)(1)(A) is effective as of Dec. 23, 2016.
|
||||
|
||||
Effective Date of 2014 AmendmentPub. L. 113–291, div. A, title IX, § 901(j)(1), Dec. 19, 2014, 128 Stat. 3467, which provided that the amendment made by section 901(j)(1)(B) is effective on the effective date specified in former section 901(a)(1) of Pub. L. 113–291, which was Feb. 1, 2017, was repealed by Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597.
|
||||
|
||||
Cryptographic Modernization SchedulesPub. L. 116–283, div. A, title I, § 153, Jan. 1, 2021, 134 Stat. 3442, provided that: “(a) Cryptographic Modernization Schedules Required.—Each of the Secretaries of the military departments and the heads of relevant Defense Agencies and Department of Defense Field Activities shall establish and maintain a cryptographic modernization schedule that specifies, for each pertinent weapon system, command and control system, or data link under the jurisdiction of such Secretary or head, including those that use commercial encryption technologies (as relevant), the following:“(1) The last year of use for applicable cryptographic algorithms. “(2) Anticipated key extension requests for systems where cryptographic modernization is assessed to be overly burdensome and expensive or to provide limited operational utility. “(3) The funding and deployment schedule for modernized cryptographic algorithms, keys, and equipment over the future-years defense program submitted to Congress pursuant to section 221 of title 10, United States Code, in 2021 together with the budget of the President for fiscal year 2022. “(b) Requirements for Chief Information Officer.—The Chief Information Officer of the Department of Defense shall—“(1) oversee the construction and implementation of the cryptographic modernization schedules required by subsection (a); “(2) establish and maintain an integrated cryptographic modernization schedule for the entire Department of Defense, collating the cryptographic modernization schedules required under subsection (a); and “(3) in coordination with the Director of the National Security Agency and the Joint Staff Director for Command, Control, Communications, and Computers/Cyber, use the budget certification, standard-setting, and policy-making authorities provided in section 142 of title 10, United States Code, to amend Armed Force and Defense Agency and Field Activity plans for key extension requests and cryptographic modernization funding and deployment that pose unacceptable risk to military operations. “(c) Annual Notices.—Not later than January 1, 2022, and not less frequently than once each year thereafter until January 1, 2026, the Chief Information Officer and the Joint Staff Director shall jointly submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] notification of all—“(1) delays to or planned delays of Armed Force and Defense Agency and Field Activity funding and deployment of modernized cryptographic algorithms, keys, and equipment over the previous year; and “(2) changes in plans or schedules surrounding key extension requests and waivers, including—“(A) unscheduled or unanticipated key extension requests; and “(B) unscheduled or unanticipated waivers and nonwaivers of scheduled or anticipated key extension requests.”
|
||||
|
||||
Service of Incumbent Without Further AppointmentPub. L. 115–91, div. A, title IX, § 909(f), Dec. 12, 2017, 131 Stat. 1516, provided that: “The individual serving in the position of Chief Information Officer of the Department of Defense as of January 1, 2019, may continue to serve in such position commencing as of that date without further appointment pursuant to section 142 of title 10, United States Code, as amended by this section.”
|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 143 - Office of the Secretary of Defense personnel: limitation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Permanent Limitation on OSD Personnel.— The number of OSD personnel may not exceed 4,300.
|
||||
|
||||
(b) OSD Personnel Defined.— For purposes of this section, the term “OSD personnel” means military and civilian personnel of the Department of Defense who are assigned to, or employed in, functions in the Office of the Secretary of Defense (including Direct Support Activities of that Office and the Washington Headquarters Services of the Department of Defense).
|
||||
|
||||
(c) Limitation on Reassignment of Functions.— In carrying out reductions in the number of personnel assigned to, or employed in, the Office of the Secretary of Defense in order to comply with this section, the Secretary of Defense may not reassign functions solely in order to evade the requirements contained in this section.
|
||||
|
||||
(Added Pub. L. 105–85, div. A, title IX, § 911(d)(1), Nov. 18, 1997, 111 Stat. 1859; amended Pub. L. 106–65, div. A, title IX, § 921(c), Oct. 5, 1999, 113 Stat. 723; Pub. L. 114–328, div. A, title IX, § 903(a), Dec. 23, 2016, 130 Stat. 2344; Pub. L. 116–92, div. A, title IX, § 901(a)(1), Dec. 20, 2019, 133 Stat. 1541.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section, as added by Pub. L. 105–85, consists of text of Pub. L. 104–201, div. A, title IX, § 903(a)–(f), Sept. 23, 1996, 110 Stat. 2617. Section 903 of Pub. L. 104–201, which was formerly set out as a note under section 131 of this title, was repealed by Pub. L. 105–85, div. A, title IX, § 911(d)(3), Nov. 18, 1997, 111 Stat. 1860.
|
||||
|
||||
Amendments2019—Subsec. (a). Pub. L. 116–92, § 901(a)(1)(A), substituted “4,300” for “3,767”. Subsec. (b). Pub. L. 116–92, § 901(a)(1)(B), substituted “military and civilian personnel” for “military, civilian, and detailed personnel”. 2016—Subsec. (b). Pub. L. 114–328 substituted “, civilian, and detailed personnel” for “and civilian personnel”. 1999—Subsec. (a). Pub. L. 106–65, § 921(c)(1), substituted “The number” for “Effective October 1, 1999, the number” and “3,767” for “75 percent of the baseline number”. Subsec. (b). Pub. L. 106–65, § 921(c)(2), (3), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “The number of OSD personnel— “(1) as of October 1, 1997, may not exceed 85 percent of the baseline number; and “(2) as of October 1, 1998, may not exceed 80 percent of the baseline number.” Subsec. (c). Pub. L. 106–65, § 921(c)(2), (3), redesignated subsec. (e) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “For purposes of this section, the term ‘baseline number’ means the number of OSD personnel as of October 1, 1994.” Subsecs. (d), (e). Pub. L. 106–65, § 921(c)(3), redesignated subsecs. (d) and (e) as (b) and (c), respectively. Subsec. (f). Pub. L. 106–65, § 921(c)(2), struck out heading and text of subsec. (f). Text read as follows: “If the Secretary of Defense determines, and certifies to Congress, that the limitation in subsection (b) with respect to any fiscal year would adversely affect United States national security, the Secretary may waive the limitation under that subsection with respect to that fiscal year. If the Secretary of Defense determines, and certifies to Congress, that the limitation in subsection (a) during fiscal year 1999 would adversely affect United States national security, the Secretary may waive the limitation under that subsection with respect to that fiscal year. The authority under this subsection may be used only once, with respect to a single fiscal year.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1999 AmendmentPub. L. 106–65, div. A, title IX, § 921(c), Oct. 5, 1999, 113 Stat. 723, provided that the amendment made by section 921(c) is effective Oct. 1, 1999.
|
||||
|
||||
Exceptions and Adjustments to Limitations on PersonnelPub. L. 110–417, [div. A], title XI, § 1111, Oct. 14, 2008, 122 Stat. 4619, as amended by Pub. L. 111–84, div. A, title XI, § 1109(a), Oct. 28, 2009, 123 Stat. 2492; Pub. L. 111–383, div. A, title X, § 1075(e)(17), Jan. 7, 2011, 124 Stat. 4375; Pub. L. 115–232, div. A, title VIII, § 809(b)(1), Aug. 13, 2018, 132 Stat. 1840, provided that: “(a) Exception to Limitations on Personnel.—For fiscal year 2009 and fiscal years thereafter, the baseline personnel limitations in sections 143, 194, 7014, 8014, and 9014 of title 10, United States Code (as adjusted pursuant to subsection (b)), shall not apply to—“(1) acquisition personnel hired pursuant to the expedited hiring authority provided in section 1705(h) [now 1705(g)] of title 10, United States Code, as amended by section 833 of this Act, or otherwise hired with funds in the Department of Defense Acquisition Workforce Development Fund established in accordance with section 1705(a) of such title; or “(2) personnel hired pursuant to a shortage category designation by the Secretary of Defense or the Director of the Office of Personnel Management. “(b) Authority to Adjust Limitations on Personnel.—For fiscal year 2009 and fiscal years thereafter, the Secretary of Defense or a Secretary of a military department may adjust the baseline personnel limitations in sections 143, 194, 3014, 5014 and 8014 of title 10, United States Code, to—“(1) fill a gap in the civilian workforce of the Department of Defense identified by the Secretary of Defense in a strategic human capital plan submitted to Congress in accordance with the requirements of [former] section 115b of such title; or “(2) accommodate increases in workload or modify the type of personnel required to accomplish work, for any of the following purposes:“(A) Performance of inherently governmental functions. “(B) Performance of work pursuant to section 2463 of title 10, United States Code. “(C) Ability to maintain sufficient organic expertise and technical capability. “(D) Performance of work that, while the position may not exercise an inherently governmental function, nevertheless should be performed only by officers or employees of the Federal Government or members of the Armed Forces because of the critical nature of the work.”
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 144 - Director of Small Business Programs
|
||||
|
||||
## Text
|
||||
|
||||
(a) Director.— There is a Director of Small Business Programs in the Department of Defense. The Director is appointed by the Secretary of Defense.
|
||||
|
||||
(b) Office of Small Business Programs.— The Office of Small Business Programs of the Department of Defense is the office that is established within the Office of the Secretary of Defense under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office.
|
||||
|
||||
(c) Duties and Powers.— (1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of Defense, and shall exercise such powers regarding those programs, as the Secretary of Defense may prescribe.
|
||||
|
||||
(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.
|
||||
|
||||
(Added Pub. L. 109–163, div. A, title IX, § 904(b)(1), Jan. 6, 2006, 119 Stat. 3400.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Pub. L. 109–163, div. A, title IX, § 904(a), Jan. 6, 2006, 119 Stat. 3399, provided that: “(1) Positions redesignated.—The following positions within the Department of Defense are redesignated as follows:“(A) The Director of Small and Disadvantaged Business Utilization of the Department of Defense is redesignated as the Director of Small Business Programs of the Department of Defense. “(B) The Director of Small and Disadvantaged Business Utilization of the Department of the Army is redesignated as the Director of Small Business Programs of the Department of the Army. “(C) The Director of Small and Disadvantaged Business Utilization of the Department of the Navy is redesignated as the Director of Small Business Programs of the Department of the Navy. “(D) The Director of Small and Disadvantaged Business Utilization of the Department of the Air Force is redesignated as the Director of Small Business Programs of the Department of the Air Force. “(2) Offices redesignated.—The following offices within the Department of Defense are redesignated as follows:“(A) The Office of Small and Disadvantaged Business Utilization of the Department of Defense is redesignated as the Office of Small Business Programs of the Department of Defense. “(B) The Office of Small and Disadvantaged Business Utilization of the Department of the Army is redesignated as the Office of Small Business Programs of the Department of the Army. “(C) The Office of Small and Disadvantaged Business Utilization of the Department of the Navy is redesignated as the Office of Small Business Programs of the Department of the Navy. “(D) The Office of Small and Disadvantaged Business Utilization of the Department of the Air Force is redesignated as the Office of Small Business Programs of the Department of the Air Force. “(3) References.—Any reference in any law, regulation, document, paper, or other record of the United States to a position or office redesignated by paragraph (1) or (2) shall be deemed to be a reference to the position or office as so redesignated.”
|
||||
|
||||
Establishment of Project SpectrumPub. L. 119–60, div. A, title XVIII, § 1807, Dec. 18, 2025, 139 Stat. 1240, provided that: “(a) In General.—The Director of the Office of Small Business Programs of the Department of Defense shall establish and maintain a program to be known as ‘Project Spectrum’ to provide to covered entities an online platform of digital resources, training, and services that increase awareness of, and facilitate compliance with, the requirements of the defense acquisition system established pursuant to section 3102 of title 10, United States Code. “(b) Requirement for Coordination.—In carrying out the requirements of subsection (a), the Director of Small Business Programs shall coordinate with other elements of the Department of Defense to ensure resources, training, or services made available through Project Spectrum are aligned with Department-wide policies and guidance related to the defense acquisition system, including coordination with—“(1) the Chief Information Officer of the Department of Defense, particularly regarding cybersecurity resources and alignment with the Cybersecurity Maturity Model Certification program or successor program; “(2) the Under Secretary of Defense for Acquisition and Sustainment; “(3) the Under Secretary of Defense for Research and Engineering; “(4) the Deputy Assistant Secretary of Defense for International and Industry Engagement; “(5) the President of the Defense Acquisition University; “(6) the Director of the Defense Logistics Agency; “(7) the Director of the Defense Counterintelligence and Security Agency; and “(8) the Executive Director of the Department of Defense Cyber Crime Center. “(c) Performance Metrics.—Not later than April 1, 2026, the Director of Small Business Programs, in coordination with elements and individuals in subsection (b), shall establish performance metrics to measure the outcomes associated with Project Spectrum. Such metrics shall include—“(1) cybersecurity-related activities and tools, to be evaluated in coordination with Chief Information Officer of the Department of Defense; “(2) foreign ownership, control, or influence activities and tools, to be evaluated in coordination with the Under Secretary of Defense for Acquisition and Sustainment; and “(3) any additional performance metrics the Director determines necessary. “(d) Briefing Required.—Not later than May 1, 2026, the Director of Small Business Programs shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the performance metrics required by subsection (c). “(e) Sunset.—The authority for Project Spectrum, and the requirements of the section, shall terminate on December 31, 2031. “(f) Covered Entity Defined.—In this section, the term ‘covered entity’ means an entity that is a small business or a medium business that contracts with, or seeks to enter into a contract with, the Department of Defense that is registered to access the online platform of Project Spectrum.”
|
||||
|
||||
Role of the Directors of Small Business Programs in Acquisition Processes of the Department of DefensePub. L. 112–239, div. A, title XVI, § 1611, Jan. 2, 2013, 126 Stat. 2063, provided that: “(a) Guidance Required.—The Secretary of Defense shall develop and issue guidance to ensure that the head of each Office of Small Business Programs of the Department of Defense is a participant as early as practicable in the acquisition processes—“(1) of the Department, in the case of the Director of Small Business Programs in the Department of Defense; and “(2) of the military department concerned, in the case of the Director of Small Business Programs in the Department of the Army, in the Department of the Navy, and in the Department of the Air Force. “(b) Matters To Be Included.—Such guidance shall, at a minimum—“(1) require the Director of Small Business Programs in the Department of Defense—“(A) to provide advice to the Defense Acquisition Board; and “(B) to provide advice to the Information Technology Acquisition Board; and “(2) require coordination between the chiefs of staff of the Armed Forces and the service acquisition executives, as appropriate (or their designees), and the Director of Small Business Programs in each military department as early as practical in the relevant acquisition processes.”
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 145 - Principal Advisor on Countering Weapons of Mass Destruction
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary of Defense may designate, from among the personnel of the Office of the Secretary of Defense, a Principal Advisor on Countering Weapons of Mass Destruction. Such Principal Advisor shall coordinate the activities of the Department of Defense relating to countering weapons of mass destruction. The individual designated to serve as such Principal Advisor shall be an individual who was appointed to the position held by the individual by and with the advice and consent of the Senate.
|
||||
|
||||
(Added Pub. L. 115–232, div. A, title X, § 1082(a)(1), Aug. 13, 2018, 132 Stat. 1987.)
|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 146 - Renumbered § 198]
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Limitation on Involuntary Separation of PersonnelPub. L. 116–283, div. A, title IX, § 905(b), Jan. 1, 2021, 134 Stat. 3799, which provided that personnel of the Office of Local Defense Community Cooperation could not be involuntarily separated from service during the one-year period beginning on Jan. 1, 2021, except for cause, was repealed by Pub. L. 117–81, div. A, title IX, § 902(d), Dec. 27, 2021, 135 Stat. 1869.
|
||||
|
||||
Administration of ProgramsPub. L. 116–283, div. A, title IX, § 905(c), Jan. 1, 2021, 134 Stat. 3799, which authorized the Office of Local Defense Community Cooperation to administer any program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense, was repealed by Pub. L. 117–81, div. A, title IX, § 902(d), Dec. 27, 2021, 135 Stat. 1869.
|
||||
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|
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 147 - Repealed. Pub. L. 119–60, div. A, title IX, § 901(b), Dec. 18, 2025, 139 Stat. 1007]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 116–283, div. A, title IX, § 913(a)(1), Jan. 1, 2021, 134 Stat. 3802, authorized appointment by the Secretary of Defense of a Chief Diversity Officer.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 116–283, div. A, title IX, § 913(c), Jan. 1, 2021, 134 Stat. 3804, which provided that this section and former section 913(b) of Pub. L. 116–283, formerly set out as a note below, were effective on Feb. 1, 2021, was repealed by Pub. L. 119–60, div. A, title IX, § 901(e), Dec. 18, 2025, 139 Stat. 1007.
|
||||
|
||||
Senior Advisors for Diversity and Inclusion for the Military Departments and Coast GuardPub. L. 116–283, div. A, title IX, § 913(b), Jan. 1, 2021, 134 Stat. 3803, which authorized appointment of Senior Advisors for Diversity and Inclusion for the military departments and the Coast Guard, was repealed by Pub. L. 119–60, div. A, title IX, § 901(e), Dec. 18, 2025, 139 Stat. 1007.
|
||||
@@ -0,0 +1,107 @@
|
||||
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|
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||||
---
|
||||
|
||||
# 10 U.S.C. § 148 - Joint Energetics Transition Office
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary of Defense shall establish a Joint Energetics Transition Office (in this section referred to as the “Office”) within the Department of Defense. The Office shall carry out the activities described in subsection (c) and shall have such other responsibilities relating to energetic materials as the Secretary shall specify.
|
||||
|
||||
(b) Leadership and Administration.— (1) The Under Secretary of Defense for Acquisition and Sustainment shall designate an individual to serve as the head of the Office. The Under Secretary shall select such individual from among officials of the Department of Defense serving in organizations under the jurisdiction of the Under Secretary at the time of such designation. The head of the Office shall—
|
||||
|
||||
(A) report directly to the Under Secretary of Defense for Acquisition and Sustainment; and
|
||||
|
||||
(B) coordinate, as appropriate, with the Under Secretary of Defense for Research and Engineering.
|
||||
|
||||
(2) The Under Secretary of Defense for Research and Engineering shall designate an individual to serve as the deputy head of the Office. The Under Secretary shall select such individual from among officials of the Department of Defense serving in organizations under the jurisdiction of the Under Secretary at the time of such designation. The deputy head of the Office shall report directly to the head of the Office and to the Under Secretary of Defense for Research and Engineering.
|
||||
|
||||
(3) The head of the Office and deputy head of the Office shall be responsible for the overall management and operation of the Office. The Under Secretaries shall ensure that the head and deputy head of the Office are not assigned outside duties that would diminish their ability to effectively manage and operate the Office.
|
||||
|
||||
(c) Responsibilities.— The Office shall do the following:
|
||||
|
||||
(1) Develop and periodically update an energetic materials strategic plan and investment strategy to guide investments in both new and legacy energetic materials and technologies across the entire supply chain for the total life cycle of energetic materials, including raw materials, ingredients, propellants, pyrotechnics, and explosives for munitions, weapons, and propulsion systems. Such strategy and plan shall provide for—
|
||||
|
||||
(A) developing or supporting the development of strategic plans for energetic materials and technologies, including associated performance metrics for the Office, over the periods covered by the future-years defense program required under section 221 of this title and the program objective memorandum process;
|
||||
|
||||
(B) initiating special studies or analyses—
|
||||
|
||||
(i) to determine targets that would be optimally addressed or defeated by weapons that incorporate novel energetic materials; and
|
||||
|
||||
(ii) to inform the program objective memorandum process;
|
||||
|
||||
(C) identifying any shortfalls in the supply chain for energetic materials and developing plans to alleviate any shortfalls through the expansion of the energetic materials industrial base to include critical contractors, subcontractors, and suppliers; and
|
||||
|
||||
(D) identifying raw material waste produced during the explosives manufacturing process and developing plans to reduce waste and optimize production.
|
||||
|
||||
(2) Coordinate and ensure consistency and congruity among research, development, test, and evaluation efforts in energetic materials across the Department of Defense—
|
||||
|
||||
(A) to identify promising new energetic materials and technologies;
|
||||
|
||||
(B) to mature, integrate, prototype, test, and demonstrate novel energetic materials and technologies, including new materials and manufacturing technologies;
|
||||
|
||||
(C) to expedite testing, evaluation, and acquisition of energetic materials and technologies to meet the emergent needs of the Department, including the rapid integration of promising new materials and other promising energetic compounds into weapons platforms;
|
||||
|
||||
(D) to identify or establish prototyping demonstration venues to integrate advanced technologies that speed the maturation and deployment of energetic materials; and
|
||||
|
||||
(E) to support collaboration among industry, academia, and elements of the Department of Defense to transition energetic materials and technologies from the research and development phase to production and operational use within the Department.
|
||||
|
||||
(3) Oversee a process to expedite—
|
||||
|
||||
(A) the validation, verification, and accreditation of modeling and simulation of energetic materials for the development of requirements; and
|
||||
|
||||
(B) the qualification process for energetic materials, from discovery through transition to production and integration into weapon systems.
|
||||
|
||||
(4) Recommend changes to laws, regulations, and policies that present barriers or extend timelines for the expedited process described in paragraph (3).
|
||||
|
||||
(5) Coordinate with other organizations involved in energetic materials activities within the Department of Defense, including the Armed Forces, and across other departments and agencies of the Federal Government.
|
||||
|
||||
(6) Pursuant to the authority provided under section 191 of this title, establish and manage a Department of Defense Field Activity dedicated to systems engineering associated with energetic materials. Such Field Activity shall be funded under budget activity 3 (advanced technology development) or budget activity 4 (advanced component development and prototypes) (as such budget activity classifications are set forth in volume 2B, chapter 5 of the Department of Defense Financial Management Regulation (DOD 7000.14-R)) to reduce technical risk, integrate research, development, test, and evaluation, and perform system demonstration programs of the Department of Defense on novel energetic materials for use in weapon systems.
|
||||
|
||||
(7) Carry out such other responsibilities relating to energetic materials as the Secretary shall specify.
|
||||
|
||||
(d) Budgeting and Funding Requirements.— (1) The Secretary of Defense shall ensure that the Office is budgeted for and funded in a manner sufficient to ensure the Office has the staff and other resources necessary to effectively carry out the responsibilities specified in subsection (c).
|
||||
|
||||
(2) In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2027 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a dedicated budget line item for the implementation of subsection (a) and for the testing and evaluation of energetic materials and technologies by the Office.
|
||||
|
||||
(e) Definitions.— In this section, the term “energetic materials” means critical chemicals and formulations that—
|
||||
|
||||
(1) release large amounts of stored chemical energy; and
|
||||
|
||||
(2) are capable of being used as explosives, propellants, pyrotechnics, and reactive materials that—
|
||||
|
||||
(A) create lethal effects in warheads in kinetic weapons components and systems; or
|
||||
|
||||
(B) increase propellant performance in a weapon propulsion system as related to lethal effects, range, or speed.
|
||||
|
||||
(Added Pub. L. 118–31, div. A, title II, § 241(a), Dec. 22, 2023, 137 Stat. 205; amended Pub. L. 118–159, div. A, title II, § 211, Dec. 23, 2024, 138 Stat. 1823; Pub. L. 119–60, div. A, title II, § 251, Dec. 18, 2025, 139 Stat. 800.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (c)(1)(D). Pub. L. 119–60 added subpar. (D). 2024—Subsec. (d). Pub. L. 118–159 amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary of Defense shall ensure that the Office is budgeted for and funded in a manner sufficient to ensure the Office has the staff and other resources necessary to effectively carry out the responsibilities specified in subsection (c).”
|
||||
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|
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 149 - Office of Strategic Capital
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment.— There is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the “Office”).
|
||||
|
||||
(b) Director.— The Office shall be headed by a Director (in this section referred to as the “Director”), who shall be appointed by the Secretary from among employees in Senior Executive Service positions (as defined in section 3132 of title 5), or from outside the civil service who have successfully held equivalent positions.
|
||||
|
||||
(c) Duties.— The Office shall—
|
||||
|
||||
(1) develop, integrate, and implement capital investment strategies proven in the commercial sector to shape and scale investment in critical technologies and assets;
|
||||
|
||||
(2) identify and prioritize promising critical technologies and assets that require capital assistance and have the potential to benefit the Department of Defense; and
|
||||
|
||||
(3) make eligible investments in such technologies and assets, such as supply chain technologies not always supported through direct investment.
|
||||
|
||||
(d) Non-Federal Funding Requirements for Certain Investments.— In the case of an eligible investment made through a direct loan, not less than 80 percent of the total capital provided for the specific technology to be funded by the investment shall be derived from non-Federal sources as of the time of the investment.
|
||||
|
||||
(e) Pilot Program on Capital Assistance to Support Defense Investment in the Industrial Base.— (1) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Secretary of Defense, acting through the Director, may carry out a pilot program under this subsection to provide capital assistance to eligible entities for eligible investments to develop technologies that support the duties and elements of the Office and meet the needs of the Department of Defense.
|
||||
|
||||
(2) (A) An eligible entity seeking capital assistance for an eligible investment under this subsection shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.
|
||||
|
||||
(B) The Director shall establish criteria for selecting among eligible investments for which applications are submitted under subparagraph (A). The criteria shall include—
|
||||
|
||||
(i) the extent to which an investment supports the national security or economic interests of the United States;
|
||||
|
||||
(ii) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and
|
||||
|
||||
(iii) the creditworthiness of an investment.
|
||||
|
||||
(3) (A) (i) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director may provide loans or loan guarantees to finance or refinance the costs of an eligible investment selected pursuant to paragraph (2)(B).
|
||||
|
||||
(ii) (I) (aa) Except as provided under item (bb), the interest rate on a loan provided under clause (i) shall be not less than the yield on marketable United States Treasury securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement.
|
||||
|
||||
(bb) The Director may waive the requirement under item (aa) with respect to an investment if the investment is determined by the Secretary of Defense to be vital to the national security of the United States.
|
||||
|
||||
(cc) The Director shall establish separate and distinct criteria for interest rates for loan guarantees with private sector lending institutions.
|
||||
|
||||
(II) The final maturity date of a loan provided under clause (i) shall be not later than 50 years after the date on which the loan was provided.
|
||||
|
||||
(III) A loan provided under clause (i) may be paid earlier than is provided for under the loan agreement without a penalty.
|
||||
|
||||
(IV) (aa) A loan provided under clause (i) shall not be subordinated to the claims of any holder of investment obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
|
||||
|
||||
(bb) The Director may waive the requirement under item (aa) with respect to the investment in order to mitigate risks to loan repayment.
|
||||
|
||||
(V) The Director may sell to another entity or reoffer into the capital markets a loan provided under clause (i) if the Director determines that the sale or reoffering can be made on favorable terms.
|
||||
|
||||
(VI) Any loan guarantee provided under clause (i) shall specify the percentage of the principal amount guaranteed. If the Director determines that the obligor of a loan guaranteed by the Department of Defense defaults on the loan, the Director shall pay the holder, or such other party, as specified in the loan guarantee agreement.
|
||||
|
||||
(VII) The Director shall establish a credit rating system to ensure a reasonable assurance of repayment. The system may include use of existing credit rating agencies where appropriate.
|
||||
|
||||
(VIII) Loans and loan guarantees provided under clause (i) shall be subject to such other terms and conditions and contain such other covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.
|
||||
|
||||
(IX) Loans and loan guarantees provided under clause (i) shall be subject to the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
|
||||
|
||||
(B) Subject to appropriations Acts, the Director may provide technical assistance with respect to developing and financing investments to eligible entities seeking capital assistance for eligible investments and eligible entities receiving capital assistance under this subsection.
|
||||
|
||||
(C) (i) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director shall provide to an eligible investment selected pursuant to paragraph (2)(B) the amount of capital assistance necessary to carry out the investment.
|
||||
|
||||
(ii) All financial transactions conducted under this subsection shall be conducted in United States dollars.
|
||||
|
||||
(4) The requirements of subsection (d) shall apply to eligible investments under this subsection.
|
||||
|
||||
(5) (A) (i) There is established in the Treasury of the United States a Department of Defense Credit Program Account to make and guarantee loans under this subsection in accordance with section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
|
||||
|
||||
(ii) The Credit Program Account shall consist of—
|
||||
|
||||
(I) amounts appropriated pursuant to the authorization of appropriations; and
|
||||
|
||||
(II) fees deposited under subsection (f)(2).
|
||||
|
||||
(B) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director is authorized to pay, from amounts in the Department of Defense Credit Program Account—
|
||||
|
||||
(i) the cost, as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and loan guarantees and other capital assistance;
|
||||
|
||||
(ii) administrative expenses associated with activities under this subsection;
|
||||
|
||||
(iii) project-specific transaction costs; and
|
||||
|
||||
(iv) the cost of providing support authorized by this subsection.
|
||||
|
||||
(6) The Secretary of Defense may prescribe such regulations as the Secretary determines to be appropriate to carry out this subsection.
|
||||
|
||||
(7) Not later than the first Monday in February of a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report describing activities carried out pursuant to this subsection in the preceding fiscal year and the goals of the Department of Defense in accordance with this subsection for the next fiscal year.
|
||||
|
||||
(8) The Secretary of Defense shall notify the congressional defense committees not later than 30 days after a use of loans, loan guarantees, or technical assistance under this subsection.
|
||||
|
||||
(9) (A) The authority of the Director to make new loans and provide new loan guarantees under subparagraph (A)(i) of paragraph (3) shall expire on October 1, 2028. Any loans or loan guarantees provided under such subparagraph that are outstanding as of such date shall continue to be subject to the terms, conditions, and other requirements of this subsection.
|
||||
|
||||
(B) The authority of the Director to provide technical assistance to eligible entities under subparagraph (B) of paragraph (3) shall expire on October 1, 2028.
|
||||
|
||||
(10) Presumption of compliance.— Each agreement for a loan or loan guarantee executed by the Director under paragraph (3)(A) shall be conclusively presumed to be issued in compliance with the requirements of this section.
|
||||
|
||||
(11) Authority to collect debts.— In the case of a default on a loan or loan guarantee provided under paragraph (3)(A), the Director may exercise any priority of the United States in collecting debts relating to the default.
|
||||
|
||||
(12) Additional authorities.— In carrying out the capital assistance program under this subsection the Director may—
|
||||
|
||||
(A) enter into contracts, agreements, or other transactions with applicants for or recipients of capital assistance pursuant to which such applicants or recipients directly pay for the costs of third-party services provided to the Office in connection with transactions involving such applicants and recipients;
|
||||
|
||||
(B) procure temporary and intermittent services of experts and consultants in accordance with section 3109 of title 5 only for the purposes established under this subsection; and
|
||||
|
||||
(C) with the consent of another Federal agency, enter into an agreement with that Federal agency to use, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency.
|
||||
|
||||
(f) Fees.— (1) In general.— (A) The Director may—
|
||||
|
||||
(i) charge and collect fees for the costs specified in subparagraph (B) for services provided by the Office and associated with administering programs under this section, including project-specific transaction costs and direct costs relating to such services; and
|
||||
|
||||
(ii) establish those fees at amounts that the Director considers appropriate only to recover the costs of project-specific transaction costs and to offset the expenses of administering of those programs.
|
||||
|
||||
(B) The costs specified in this subparagraph are the following:
|
||||
|
||||
(i) Due diligence costs paid to third parties for services conducting national security, legal, engineering, technical, financial, and other due diligence on applicants, prospective and existing borrowers, guarantors, sponsors, and other key transaction parties, their respective owners, managers, and employees, and their properties, assets, and operations.
|
||||
|
||||
(ii) Costs of third-party services related to ratings analysis, underwriting, appraisals, valuations, travel to and inspection of project sites, and other customary analysis relating to specific applications.
|
||||
|
||||
(iii) Costs of third-party legal services for negotiation and documentation of transactions.
|
||||
|
||||
(iv) Costs of third-party services for monitoring, restructurings, and workouts of agreements.
|
||||
|
||||
(v) Administrative expenses directly related to credit program operations as defined in Office of Management and Budget Circular A–11 as of August 2025, including—
|
||||
|
||||
(I) the appropriate proportion of administrative expenses that are shared with non-credit programs;
|
||||
|
||||
(II) the cost of loan systems development and maintenance, including information technology systems costs;
|
||||
|
||||
(III) the cost of monitoring credit programs and private lenders for compliance with contractual requirements, laws, and regulations;
|
||||
|
||||
(IV) the cost of all activities related to credit extension, loan servicing, write-off, and close out; and
|
||||
|
||||
(V) the cost of collecting delinquent or defaulted loans.
|
||||
|
||||
(2) Deposit into credit program account.— (A) In general.— Amounts collected as fees under paragraph (1) shall—
|
||||
|
||||
(i) be deposited into the Credit Program Account established under subsection (e)(5); and
|
||||
|
||||
(ii) remain available until expended.
|
||||
|
||||
(B) Limitation on use of fees.— Notwithstanding subsection (e)(5)(B), none of the fees collected under paragraph (1) may be used to pay salaries or expenses of civilian employees of the Department of Defense or for any purposes other than those described in this subsection or subsection (e)(12).
|
||||
|
||||
(3) Termination of authority.— (A) In general.— Except as provided by subparagraph (B), the authority under paragraph (1) to charge and collect fees shall expire on the date specified in paragraph (9)(A) of subsection (e).
|
||||
|
||||
(B) Treatment of certain assets.— With respect to a loan or loan guarantee provided under this section that is outstanding as of the expiration date under subparagraph (A), the authority of the Director under paragraph (1) to charge and collect fees for services relating to the loan or loan guarantee shall remain in effect for the duration of the loan or loan guarantee.
|
||||
|
||||
(4) Reports required.— (A) Annual report.— Not later than March 1 of each year, the Director shall submit to the congressional defense committees a report that includes—
|
||||
|
||||
(i) a detailed summary of the fees collected under paragraph (1) in the preceding fiscal year; and
|
||||
|
||||
(ii) a description of how those fees were allocated.
|
||||
|
||||
(B) Audit.— The Inspector General of the Department of Defense shall—
|
||||
|
||||
(i) conduct a review of the fees charged and collected under paragraph (1) in fiscal year 2026 and provide a report on the results of the review to the congressional defense committees; and
|
||||
|
||||
(ii) conduct an audit of the fees collected in fiscal years 2026 and 2027 and, once completed, provide a report to the congressional defense committees on the results of the audit not later than 180 days after the end of fiscal year 2027.
|
||||
|
||||
(g) Authority to Accept Services.— The Director may accept services, such as legal, financial, technical, or professional services, associated with administering programs under this section, including accepting such services as indirect payment in kind for services provided by the Office.
|
||||
|
||||
(h) Definitions.— In this section:
|
||||
|
||||
(1) The term “capital assistance” means a loan, loan guarantee, or technical assistance.
|
||||
|
||||
(2) The term “covered technology category” means the following:
|
||||
|
||||
(A) Advanced bulk materials.
|
||||
|
||||
(B) Advanced manufacturing.
|
||||
|
||||
(C) Autonomous mobile robots.
|
||||
|
||||
(D) Battery storage.
|
||||
|
||||
(E) Biochemicals.
|
||||
|
||||
(F) Bioenergetics.
|
||||
|
||||
(G) Biomass.
|
||||
|
||||
(H) Cybersecurity.
|
||||
|
||||
(I) Data fabric.
|
||||
|
||||
(J) Decision science.
|
||||
|
||||
(K) Edge computing.
|
||||
|
||||
(L) External communication.
|
||||
|
||||
(M) Hydrogen generation and storage.
|
||||
|
||||
(N) Mesh networks.
|
||||
|
||||
(O) Microelectronics assembly, testing, or packaging.
|
||||
|
||||
(P) Microelectronics design and development.
|
||||
|
||||
(Q) Microelectronics fabrication.
|
||||
|
||||
(R) Microelectronics manufacturing equipment.
|
||||
|
||||
(S) Microelectronics materials.
|
||||
|
||||
(T) Nanomaterials and metamaterials.
|
||||
|
||||
(U) Nuclear fission and fusion energy technologies.
|
||||
|
||||
(V) Open RAN.
|
||||
|
||||
(W) Optical communications.
|
||||
|
||||
(X) Sensor hardware.
|
||||
|
||||
(Y) Solar.
|
||||
|
||||
(Z) Space launch.
|
||||
|
||||
(AA) Spacecraft.
|
||||
|
||||
(BB) Space-enabled services and equipment.
|
||||
|
||||
(CC) Synthetic biology.
|
||||
|
||||
(DD) Quantum computing.
|
||||
|
||||
(EE) Quantum security.
|
||||
|
||||
(FF) Quantum sensing.
|
||||
|
||||
(GG) Strategic maritime infrastructure.
|
||||
|
||||
(HH) Critical minerals and materials.
|
||||
|
||||
(3) The term “eligible entity” means—
|
||||
|
||||
(A) an individual;
|
||||
|
||||
(B) a corporation;
|
||||
|
||||
(C) a partnership, which may include a public-private partnership, limited partnership, or general partnership;
|
||||
|
||||
(D) a joint venture;
|
||||
|
||||
(E) a trust;
|
||||
|
||||
(F) a State, including a political subdivision or any other instrumentality of a State;
|
||||
|
||||
(G) a Tribal government or consortium of Tribal governments;
|
||||
|
||||
(H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority;
|
||||
|
||||
(I) a multi-State or multi-jurisdictional group of public entities; or
|
||||
|
||||
(J) a strategic alliance among two or more entities described in subparagraphs (A) through (I).
|
||||
|
||||
(4) The term “eligible investment” means an investment, in the form of capital assistance provided to an eligible entity, for a technology that—
|
||||
|
||||
(A) is in a covered technology category; and
|
||||
|
||||
(B) is not a technology that solely has defense applications.
|
||||
|
||||
(5) The term “obligor” means a party that is primarily liable for payment of the principal or interest on a loan.
|
||||
|
||||
(Added Pub. L. 118–31, div. A, title IX, § 903(a), Dec. 22, 2023, 137 Stat. 358; amended Pub. L. 118–159, div. A, title IX, § 905(a), Dec. 23, 2024, 138 Stat. 2028; Pub. L. 119–60, div. A, title IX, §§ 905, 906, Dec. 18, 2025, 139 Stat. 1010, 1011.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Credit Reform Act of 1990, referred to in subsec. (e)(3)(A)(ii)(IX), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat. 1388–609, which is classified generally to subchapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.
|
||||
|
||||
Prior ProvisionsProvisions similar to those in subsec. (e) of this section were contained in Pub. L. 118–31, div. A, title IX, § 903(b), Dec. 22, 2023, 137 Stat. 360, which was set out as a note under section 4811 of this title, prior to repeal by Pub. L. 118–159, div. A, title IX, § 905(b), Dec. 23, 2024, 138 Stat. 2031.
|
||||
|
||||
Amendments2025—Subsec. (e)(3)(A)(ii)(VI). Pub. L. 119–60, § 906(b), substituted “Director” for “Secretary” after “If the”. Subsec. (e)(5)(A)(ii). Pub. L. 119–60, § 906(c), substituted “consist of— (I) amounts” for “consist of amounts”, substituted “; and” for period at end. and added subcl. (II). Subsec. (e)(10) to (12). Pub. L. 119–60, § 906(d), added pars. (10) to (12). Subsec. (f). Pub. L. 119–60, § 906(a)(2), added subsec. (f). Former subsec. (f) redesignated (h). Subsec. (f)(2)(U) to (HH). Pub. L. 119–60, § 905, added subpar. (U) and redesignated former subpars. (U) to (GG) as (V) to (HH), respectively. Subsecs. (g), (h). Pub. L. 119–60, § 906(a), added subsec. (g) and redesignated former subsec. (f) as (h). 2024—Subsecs. (e), (f). Pub. L. 118–159, § 905(a)(1), (2), added subsec. (e) and redesignated former subsec. (e) as (f). Subsec. (f)(2)(FF), (GG). Pub. L. 118–159, § 905(a)(3)(A), added subpars. (FF) and (GG). Subsec. (f)(5). Pub. L. 118–159, § 905(a)(3)(B), added par. (5).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Authority for Temporary Assignment of Employees of the Office of Strategic Capital to Certain Private-Sector OrganizationsPub. L. 118–159, div. A, title II, § 230, Dec. 23, 2024, 138 Stat. 1836, provided that: “(a) Authorization.—Using the authority provided under section 1599g of title 10, United States Code, the Secretary of Defense, acting through the Director of the Office of Strategic Capital, may carry out a program under which the Director arranges for the temporary assignment of an employee of the Office to a qualifying private-sector organization. “(b) Objectives.—The objectives of the program under subsection (a) shall be—“(1) to enable the Office of Strategic Capital to rapidly acquire industry-specific context and technical competence across high priority technology and industrial focus areas through immersion in highly relevant emerging technology and business ecosystems across the United States; and “(2) to enhance, among personnel of the Department—“(A) understanding of, connectivity with, and access to knowledge about critical and emerging defense industrial base capabilities; and “(B) understanding of the strategic role that venture capital and private equity operations have in shaping future sustainment and modernization requirements for the defense industrial base. “(c) Matching and Tracking Capabilities.—In carrying out program under subsection (a), the Director of the Office of Strategic Capital shall—“(1) use digital automation and analysis capability to optimize the identification, assessment, and placement of participants within the program, which shall include the ability to match and track private-sector organizations with employees of the Office participating in the program in a manner that aligns the priorities, needs, and expertise of such employees, organizations, and the Office; and “(2) establish a database or other digital automation capability that—“(A) enables the Office to identify and track current and former participants in the program; “(B) documents the nature of the experience such participants had while in the program; and “(C) is suitable for potential development and expansion to other organizations of Department of Defense in the event the Secretary of Defense determines such expansion is appropriate. “(d) Qualifying Private-sector Organization Defined.—In this section, the term ‘qualifying private-sector organization’ means a private-sector organization that has functions and expertise relevant to the responsibilities of the Office of Strategic Capital, which may include organization such as a venture capital firm, private equity firm, or other such organizations as determined appropriated by the Director of the Office.”
|
||||
|
||||
Establishment of National Security Capital ForumPub. L. 118–159, div. A, title X, § 1092, Dec. 23, 2024, 138 Stat. 2083, as amended by Pub. L. 119–60, div. A, title VIII, § 867(c), (d)(2), Dec. 18, 2025, 139 Stat. 1001, 1002, provided that: “(a) In General.—The Secretary of Defense shall establish a forum to—“(1) convene domestic and international institutional financiers, capital providers, investors, entrepreneurs, innovators, business persons, representatives from across the private sector, relevant United States Government offices, and government and private entities of partner nations; “(2) allow the exchange of information between the entities referred to in paragraph (1) and the Department of Defense relating to transactions or potential transactions, in accordance with applicable law, and to integrate efforts to achieve coordinated effects to support the national security interests of the United States; and “(3) serve as a clearinghouse for vetting potential investments transactions, whether as a loan or as an equity transaction, by executive agencies (as defined in section 133 of title 41, United States Code). “(b) Chair.—The Chair of the forum established under subsection (a) shall be the Director of the Office of Strategic Capital. “(c) Designation of Executive Agent.—The Secretary may designate the Director as the sole Executive Agent with respect to the authorities and responsibilities of the Secretary of Defense under section 1047 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 113 note). “(d) Guidance.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall issue guidance on the establishment and operation of the forum established under subsection (a), including regarding the vetting and selection of participants. Such guidance shall include each of the following:“(1) A process for due diligence vetting of investment fund participants to exclude funds with significant investments to or from countries of concern. “(2) The development of selection criteria for the consideration of a diverse range of investment fund participants, including by fund size, company-size, socio-economic status, and participating investment sectors. “(3) Reporting responsibilities for participants to avoid or mitigate potential or perceived conflicts of interest. “(4) The development of a process for the recusal or removal of participants.” “(e) Inclusion of Certain Officials.—The Secretary of Defense shall include in the forum established under subsection (a) the following: “(1) The Assistant Secretary of Defense for Industrial Base Policy. “(2) The individual serving as the Director of the Defense Logistics Agency and the head of the Office of General Counsel of the Department of Defense.” [Pub. L. 119–60, div. A, title VIII, § 867(d)(2), Dec. 18, 2025, 139 Stat. 1002, provided that, effective Dec. 31, 2035, section 1092 of Pub. L. 118–159, set out above, is amended by striking out subsecs. (a)(3) and (e).]
|
||||
Reference in New Issue
Block a user