1. U.S. Code
  2. title 10
  3. subtitle A
  4. part I
  5. chapter 4
  6. § 143

Collapse to view only § 143. Office of the Secretary of Defense personnel: limitation

§ 131. Office of the Secretary of Defense
(a) There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carrying out the Secretary’s duties and responsibilities and to carry out such other duties as may be prescribed by law.
(b) The Office of the Secretary of Defense is composed of the following:
(1) The Deputy Secretary of Defense.
[(2) Repealed. Pub. L. 116–283, div. A, title IX, § 901(a)(2)(A), Jan. 1, 2021, 134 Stat. 3794.]
(3) The Under Secretaries of Defense, as follows:
(A) The Under Secretary of Defense for Research and Engineering.
(B) The Under Secretary of Defense for Acquisition and Sustainment.
(C) The Under Secretary of Defense for Policy.
(D) The Under Secretary of Defense (Comptroller).
(E) The Under Secretary of Defense for Personnel and Readiness.
(F) The Under Secretary of Defense for Intelligence and Security.
(4) Other officers who are appointed by the President, by and with the advice and consent of the Senate, and who report directly to the Secretary and Deputy Secretary without intervening authority, as follows:
(A) The Director of Cost Assessment and Program Evaluation.
(B) The Director of Operational Test and Evaluation.
(C) The General Counsel of the Department of Defense.
(D) The Inspector General of the Department of Defense.
(5) The Chief Information Officer of the Department of Defense, who reports directly to the Secretary and Deputy Secretary without intervening authority.
(6) The Deputy Under Secretaries of Defense.
(7) The Assistant Secretaries of Defense.
(8) Other officials provided for by law, as follows:
(A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) of this title.
(B) The Director of Small Business Programs appointed pursuant to section 144 of this title.
(C) The official designated under section 1501(a) of this title to have responsibility for Department of Defense matters relating to missing persons as set forth in section 1501 of this title.
(D) The Director of Military Family Readiness Policy under section 1781 of this title.
(E) The Director of the Office of Corrosion Policy and Oversight assigned pursuant to section 2228(a) of this title.
(F) The official designated under section 4273(a) of this title to have responsibility for conducting and overseeing performance assessments and root cause analyses for major defense acquisition programs.
(9) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office.
(c) Officers of the armed forces may be assigned or detailed to permanent duty in the Office of the Secretary of Defense. However, the Secretary may not establish a military staff in the Office of the Secretary of Defense.
(d) The Secretary of each military department, and the civilian employees and members of the armed forces under the jurisdiction of the Secretary, shall cooperate fully with personnel of the Office of the Secretary of Defense to achieve efficient administration of the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense.
(Added Pub. L. 99–433, title I, § 104, Oct. 1, 1986, 100 Stat. 996; amended Pub. L. 103–160, div. A, title IX, § 906(a), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 103–337, div. A, title IX, § 903(b)(1), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 104–106, div. A, title IX, § 903(e)(1), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; 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, § 901(b)(1), Dec. 2, 2002, 116 Stat. 2619; Pub. L. 110–181, div. A, title IX, § 904(a)(4), Jan. 28, 2008, 122 Stat. 274; Pub. L. 110–417, [div. A], title X, § 1061(b)(7), Oct. 14, 2008, 122 Stat. 4613; Pub. L. 111–383, div. A, title IX, § 901(b)(2), (m)(1), Jan. 7, 2011, 124 Stat. 4317, 4326; Pub. L. 113–291, div. A, title IX, § 901(a)(2), (b)(2), (j)(1)(A), (k)(1), (n)(1), Dec. 19, 2014, 128 Stat. 3463, 3467, 3469; Pub. L. 114–328, div. A, title IX, §§ 901(d), (f), 902(b), 933(a)(3), Dec. 23, 2016, 130 Stat. 2342, 2344, 2364; Pub. L. 115–91, div. A, title IX, §§ 906(d)(1), 910(c)(1), title X, § 1081(b)(1)(A), (D), (d)(9), Dec. 12, 2017, 131 Stat. 1513, 1518, 1597, 1600; Pub. L. 115–232, div. A, title X, § 1081(a)(3), (f)(1)(B), Aug. 13, 2018, 132 Stat. 1983, 1986; Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(A)(i), title XVII, § 1731(a)(7), Dec. 20, 2019, 133 Stat. 1733, 1812; Pub. L. 116–283, div. A, title IX, § 901(a)(2)(A), title XVIII, § 1847(e)(6)(A), Jan. 1, 2021, 134 Stat. 3794, 4257.)

CITE AS: 10 USC 131

§ 132. Deputy Secretary of Defense
(a) There is a Deputy Secretary of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management experience. A person may not be appointed as Deputy Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
(b)
(1) The Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.
(2)
(A) The Deputy Secretary shall act for, and exercise the powers of, the Secretary when the Secretary dies, resigns, or is otherwise unable to perform the functions and duties of the office.
(B) If the Secretary is unable to perform the functions and duties of the office as described in subparagraph (A), the Deputy Secretary, or any other individual performing such functions and duties in accordance with applicable law, shall, not later than 24 hours before any planned transfer of such functions and duties or 24 hours after any unplanned transfer of such functions and duties, notify the following of the transfer:
(i) The Committee on Armed Services, the Committee on Appropriations, and the majority and minority leaders of the Senate.
(ii) The Committee on Armed Services, the Committee on Appropriations, the Speaker, and the minority leader of the House of Representatives.
(c) The Deputy Secretary takes precedence in the Department of Defense immediately after the Secretary.
(d) Until September 30, 2020, the Deputy Secretary of Defense shall lead the Guam Oversight Council and shall be the Department of Defense’s principal representative for coordinating the interagency efforts in matters relating to Guam, including the following executive orders:
(1) Executive Order No. 13299 of May 12, 2003 (68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451; relating to the Interagency Group on Insular Affairs).
(2) Executive Order No. 12788 of January 15, 1992, as amended (57 Fed. Reg. 2213; relating to the Defense Economic Adjustment Program).
(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 518, § 134; amended Pub. L. 92–596, § 4(1), Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95–140, § 1(a), Oct. 21, 1977, 91 Stat. 1172; renumbered § 132 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(d)(7), Oct. 1, 1986, 100 Stat. 995, 1003; Pub. L. 110–181, div. A, title IX, §§ 903(b), 904(a)(1), Jan. 28, 2008, 122 Stat. 273; Pub. L. 111–84, div. B, title XXVIII, § 2831(a), Oct. 28, 2009, 123 Stat. 2669; Pub. L. 111–383, div. A, title IX, § 901(c)(2), (m)(2), title X, § 1075(b)(4), div. B, title XXVIII, § 2821, Jan. 7, 2011, 124 Stat. 4321, 4326, 4369, 4465; Pub. L. 112–81, div. A, title IX, § 902, Dec. 31, 2011, 125 Stat. 1532; Pub. L. 113–291, div. A, title IX, § 901(k)(2), Dec. 19, 2014, 128 Stat. 3468; Pub. L. 114–328, div. A, title IX, § 901(c)(4), Dec. 23, 2016, 130 Stat. 2341; Pub. L. 115–91, div. A, title IX, § 910(b), Dec. 12, 2017, 131 Stat. 1517; Pub. L. 116–92, div. A, title XVII, § 1731(a)(8), Dec. 20, 2019, 133 Stat. 1812; Pub. L. 118–159, div. A, title IX, § 901, Dec. 23, 2024, 138 Stat. 2024.)

CITE AS: 10 USC 132

§ 132a. Performance improvement officer 1
1 So in original. Probably should be capitalized as “Performance Improvement Officer”.
(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.
(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.
(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.
(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:
(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 of 2
2 So in original. Probably should be “for”.
Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 2201).
(2) Responsibility for chairing the Defense Performance Improvement Council (or any successor organization).
(3) Responsibility for the Defense Performance Improvement Framework, as established under section 125a of this title.
(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).
(5) Oversight of transformational business modernization and business process re-engineering of the Department of Defense.
(6) Oversight and tracking the implementation of—
(A) solutions to solve issues identified by the High Risk List maintained by the Government Accountability Office; and
(B) other recommendations of such Office.
(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.
(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.
(9) Serving as co-chair of the Defense Business Council in accordance with section 2222(f)(1) of this title.
(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.
(Added Pub. L. 118–159, div. A, title IX, § 902(a), Dec. 23, 2024, 138 Stat. 2025.)

CITE AS: 10 USC 132a

[§ 133. Repealed. Pub. L. 114–328, div. A, title IX, § 901(a)(1), Dec. 23, 2016, 130 Stat. 2339]

CITE AS: 10 USC 133

§ 133a. Under Secretary of Defense for Research and Engineering
(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.
(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 technology officer of the Department of Defense with the mission of advancing technology and innovation for the armed forces (and the Department);
(2) establishing policies on, and supervising, all 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 across the Department; and
(3) serving as the principal advisor to the Secretary on all research, engineering, and technology development activities and programs in the Department.
(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.
(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.
(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.)

CITE AS: 10 USC 133a

§ 133b. Under Secretary of Defense for Acquisition and Sustainment
(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 delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department);
(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) defense acquisition programs;
(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.)

CITE AS: 10 USC 133b

§ 134. Under Secretary of Defense for Policy
(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.)

CITE AS: 10 USC 134

[§ 134a. Repealed. Pub. L. 111–383, div. A, title IX, § 901(b)(1), Jan. 7, 2011, 124 Stat. 4317]

CITE AS: 10 USC 134a

[§ 134b. Repealed. Pub. L. 111–84, div. A, title IX, § 905(a)(1), Oct. 28, 2009, 123 Stat. 2425]

CITE AS: 10 USC 134b

§ 135. Under Secretary of Defense (Comptroller)
(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.)

CITE AS: 10 USC 135

§ 136. Under Secretary of Defense for Personnel and Readiness
(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.)

CITE AS: 10 USC 136

[§ 136a. Repealed. Pub. L. 111–383, div. A, title IX, § 901(b)(1), Jan. 7, 2011, 124 Stat. 4317]

CITE AS: 10 USC 136a

§ 137. Under Secretary of Defense for Intelligence and Security
(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.)

CITE AS: 10 USC 137

§ 137a. Deputy Under Secretaries of Defense
(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.)

CITE AS: 10 USC 137a

§ 138. Assistant Secretaries of Defense
(a)
(1) There are 19 Assistant Secretaries of Defense.
(2) The Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b)
(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.
(2)
(A) One of the Assistant Secretaries is the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. The principal duty of the Assistant Secretary shall be the overall supervision (including oversight of policy and resources) of special operations activities (as defined in section 167(k) of this title) and low intensity conflict activities of the Department of Defense. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters and (after the Secretary and Deputy Secretary) is the principal special operations and low intensity conflict official within the senior management of the Department of Defense. A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall do the following:
(i) Exercise authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces through the administrative chain of command specified in section 167(f) of this title.
(ii) Assist the Secretary and the Under Secretary of Defense for Policy in the development and supervision of policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense for the following:(I) Irregular warfare, combating terrorism, and the special operations activities specified by section 167(k) of this title.(II) Integrating the functional activities of the headquarters of the Department to most efficiently and effectively provide for required special operations forces and capabilities.
(B) In the discharge of the responsibilities specified in subparagraph (A)(i), the Assistant Secretary is immediately subordinate to the Secretary of Defense. Unless otherwise directed by the President, no officer below the Secretary may intervene to exercise authority, direction, or control over the Assistant Secretary in the discharge of such responsibilities.
(3) One of the Assistant Secretaries is the Assistant Secretary of Defense for Legislative Affairs. The principal duty of the Assistant Secretary shall be the overall supervision of legislative affairs of the Department of Defense.
(4) One of the Assistant Secretaries is the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on nuclear deterrence policies, operations, and associated programs within the senior management of the Department of Defense. The principal duty of the Assistant Secretary shall be the overall supervision of nuclear deterrence policy, resources, and activities of the Department of Defense.
(A) Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall—
(i) advise and assist the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy in the development and supervision of policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense on all matters relating to the sustainment, operation, and modernization of United States nuclear forces as defined in section 499c(d) of this title;
(ii) communicate views on issues within the responsibility of the Assistant Secretary 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;
(iii) serve as the Staff Director of the Nuclear Weapons Council established by section 179 of this title;
(iv) serve as the principal Department of Defense civilian responsible for oversight of portfolio management for nuclear forces established by section 499c of this title;
(v) serve as the principal interface with the Department of Energy on issues relating to nuclear fuels;
(vi) in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, advise the Secretary of Defense on nuclear energy matters; and
(vii) advise and assist the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy on all matters relating to the defense against chemical, biological, and other weapons of mass destruction.
(B) Unless otherwise directed by the President or statute, no officer other than the Secretary of Defense, Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy may intervene to exercise authority, direction, or control over the Assistant Secretary in the discharge of responsibilities specified in subparagraph (A).
(5) One of the Assistant Secretaries is the Assistant Secretary of Defense for Space Policy. The principal duty of the Assistant Secretary shall be the overall supervision of policy of the Department of Defense for space warfighting.
(6) One of the Assistant Secretaries is the Assistant Secretary of Defense for Industrial Base Policy. The Assistant Secretary shall advise the Under Secretary of Defense for Acquisition and Sustainment on industrial base policies.
(7) One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy, Installations, and Environment. The principal duty of the Assistant Secretary shall be the overall supervision of matters relating to energy, installations, and the environment for the Department of Defense.
(8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Cyber Policy. The principal duty of the Assistant Secretary shall be the overall supervision of policy of the Department of Defense for cyber. The Assistant Secretary is the Principal Cyber Advisor described in section 392a(a) of this title.
(c) Except as otherwise specifically provided by law, an Assistant Secretary may not issue an order to a military department unless—
(1) the Secretary of Defense has specifically delegated that authority to the Assistant Secretary in writing; and
(2) the order is issued through the Secretary of the military department concerned.
(d) The Assistant Secretaries take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, the Under Secretaries of Defense, the officials serving in positions specified in section 131(b)(4) of this title, and the Deputy Under Secretaries of Defense. The Assistant Secretaries take precedence among themselves in the order prescribed by the Secretary of Defense.
(e) The number of Deputy Assistant Secretaries of Defense may not exceed 62.
(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 518, § 136; amended Pub. L. 90–168, § 2(1), (2), Dec. 1, 1967, 81 Stat. 521; Pub. L. 91–121, title IV, § 404(a), Nov. 19, 1969, 83 Stat. 207; Pub. L. 92–215, § 1, Dec. 22, 1971, 85 Stat. 777; Pub. L. 92–596, § 4(2), Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95–140, § 3(a), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 96–107, title VIII, § 820(a), Nov. 9, 1979, 93 Stat. 819; Pub. L. 98–94, title XII, § 1212(a), Sept. 24, 1983, 97 Stat. 686; Pub. L. 99–433, title I, §§ 106, 110(d)(9), Oct. 1, 1986, 100 Stat. 997, 1003;

CITE AS: 10 USC 138

[§§ 138a, 138b. Repealed. Pub. L. 113–291, div. A, title IX, § 901(h)(4), Dec. 19, 2014, 128 Stat. 3467]

CITE AS: 10 USC 138a, 138b

[§ 138c. Repealed. Pub. L. 113–291, div. A, title IX, § 901(g)(2), Dec. 19, 2014, 128 Stat. 3466]

CITE AS: 10 USC 138c

[§ 138d. Repealed. Pub. L. 113–291, div. A, title IX, § 901(h)(4), Dec. 19, 2014, 128 Stat. 3467]

CITE AS: 10 USC 138d

§ 139. Director of Operational Test and Evaluation
(a)
(1) There is a Director of Operational Test and Evaluation in the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the office of Director. The Director may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress.
(2) In this section:
(A) The term “operational test and evaluation” means—
(i) the field test, under realistic combat conditions, of any item of (or key component of) weapons, equipment, or munitions for the purpose of determining the effectiveness and suitability of the weapons, equipment, or munitions for use in combat by typical military users; and
(ii) the evaluation of the results of such test.
(B) The term “major defense acquisition program” means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section 4201 of this title or that is designated as such a program by the Director for purposes of this section.
(b)
(1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of operational test and evaluation in the Department of Defense;
(2) provide guidance to and consult with the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering and the Secretaries of the military departments with respect to operational test and evaluation in the Department of Defense in general and with respect to specific operational test and evaluation to be conducted in connection with a major defense acquisition program;
(3) monitor and review all operational test and evaluation in the Department of Defense;
(4) coordinate operational testing conducted jointly by more than one military department or defense agency;
(5) review and make recommendations to the Secretary of Defense on all budgetary and financial matters relating to operational test and evaluation, including operational test facilities and equipment, in the Department of Defense; and
(6) monitor and review the live fire testing activities of the Department of Defense provided for under section 4172 of this title.
(c) 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. The Director shall consult closely with, but the Director and the Director’s staff are independent of, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and all other officers and entities of the Department of Defense responsible for acquisition.
(d) The Director may not be assigned any responsibility for developmental test and evaluation, other than the provision of advice to officials responsible for such testing.
(e)
(1) The Secretary of a military department shall report promptly to the Director the results of all operational test and evaluation conducted by the military department and of all studies conducted by the military department in connection with operational test and evaluation in the military department.
(2) The Director may require that such observers as he designates be present during the preparation for and the conduct of the test part of any operational test and evaluation conducted in the Department of Defense.
(3) The Director shall have access to all records and data in the Department of Defense (including the records and data of each military department) that the Director considers necessary to review in order to carry out his duties under this section.
(4) The Director shall have prompt access to all data regarding modeling and simulation activity proposed to be used by military departments and defense agencies in support of operational or live fire test and evaluation of military capabilities. This access shall include data associated with verification, validation, and accreditation activities.
(f)
(1) The Director of the Missile Defense Agency shall make available to the Director of Operational Test and Evaluation the results of all tests and evaluations conducted by the Missile Defense Agency and of all studies conducted by the Missile Defense Agency in connection with tests and evaluations in the Missile Defense Agency.
(2) The Director of Operational Test and Evaluation may require that such observers as the Director designates be present during the preparation for and the conducting of any test and evaluation conducted by the Missile Defense Agency.
(3) The Director of Operational Test and Evaluation shall have access to all records and data in the Department of Defense (including the records and data of the Missile Defense Agency) that the Director considers necessary to review in order to carry out his duties under this subsection.
(g) The Director shall ensure that safety concerns developed during the operational test and evaluation of a weapon system under a major defense acquisition program are communicated in a timely manner to the program manager for that program for consideration in the acquisition decisionmaking process.
(h)
(1) The Director shall prepare an annual report summarizing the operational test and evaluation activities (including live fire testing activities) of the Department of Defense during the preceding fiscal year.
(2) Each such report shall be submitted concurrently to the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, the Secretaries of the military departments, and the Congress not later than January 31 of each year.
(3) If the Director submits the report to Congress in a classified or controlled unclassified form, the Director shall concurrently submit to Congress a version of the report that is unclassified and does not require safeguarding or dissemination controls.
(4) The report shall include such comments and recommendations as the Director considers appropriate, including comments and recommendations on resources and facilities available for operational test and evaluation and levels of funding made available for operational test and evaluation activities. The report for a fiscal year shall also include an assessment of the waivers of and deviations from requirements in test and evaluation master plans and other testing requirements that occurred during the fiscal year, any concerns raised by the waivers or deviations, and the actions that have been taken or are planned to be taken to address the concerns.
(5) The Director shall solicit comments from the Secretaries of the military departments on each report of the Director to Congress under this section and include any comments as an appendix to the Director’s report. The Director shall determine the amount of time available for the Secretaries to comment on the draft report on a case by case basis, and consider the extent to which substantive discussions have already been held between the Director and the military department. The Director shall reserve the right to issue the report without comment from a military department if the department’s comments are not received within the time provided, and shall indicate any such omission in the report.
(i) The Director shall comply with requests from Congress (or any committee of either House of Congress) for information relating to operational test and evaluation in the Department of Defense.
(j) The President shall include in the Budget transmitted to Congress pursuant to section 1105 of title 31 for each fiscal year a separate statement of estimated expenditures and proposed appropriations for that fiscal year for the activities of the Director of Operational Test and Evaluation in carrying out the duties and responsibilities of the Director under this section.
(k) The Director shall have sufficient professional staff of military and civilian personnel to enable the Director to carry out the duties and responsibilities of the Director prescribed by law.
(Added Pub. L. 98–94, title XII, § 1211(a)(1), Sept. 24, 1983, 97 Stat. 684, § 136a; amended Pub. L. 99–348, title V, § 501(c), July 1, 1986, 100 Stat. 708; renumbered § 138 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(d)(10), (g)(1), Oct. 1, 1986, 100 Stat. 995, 1003, 1004; Pub. L. 99–500, § 101(c) [title X, §§ 903(c), 910(c)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–132, 1783–145, and Pub. L. 99–591, § 101(c) [title X, §§ 903(c), 910(c)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–132, 3341–145; Pub. L. 99–661, div. A, title IX, formerly title IV, §§ 903(c), 910(c), Nov. 14, 1986, 100 Stat. 3912, 3924, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(a)(1), (c)(2), Apr. 21, 1987, 101 Stat. 275, 280; Pub. L. 100–180, div. A, title VIII, § 801, Dec. 4, 1987, 101 Stat. 1123; Pub. L. 101–189, div. A, title VIII, § 802(b), title XVI, § 1622(e)(1), Nov. 29, 1989, 103 Stat. 1486, 1605; Pub. L. 101–510, div. A, title XIV, § 1484(k)(1), Nov. 5, 1990, 104 Stat. 1719; renumbered § 139 and amended Pub. L. 103–160, div. A, title IX, §§ 901(a)(1), 904(d)(1), 907, Nov. 30, 1993, 107 Stat. 1726, 1728, 1730; Pub. L. 103–355, title III, §§ 3011–3013, Oct. 13, 1994, 108 Stat. 3331, 3332; Pub. L. 106–65, div. A, title IX, § 911(d)(1), Oct. 5, 1999, 113 Stat. 719; Pub. L. 107–107, div. A, title II, § 263, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1044, 1225; Pub. L. 107–314, div. A, title II, § 235, Dec. 2, 2002, 116 Stat. 2491; Pub. L. 109–364, div. A, title II, § 231(f), Oct. 17, 2006, 120 Stat. 2133; Pub. L. 110–181, div. A, title II, § 221, Jan. 28, 2008, 122 Stat. 37; Pub. L. 110–417, [div. A], title II, § 251(c), Oct. 14, 2008, 122 Stat. 4400; Pub. L. 114–328, div. A, title VIII, § 845, Dec. 23, 2016, 130 Stat. 2292; Pub. L. 115–232, div. A, title VIII, § 887(a), Aug. 13, 2018, 132 Stat. 1916; Pub. L. 116–92, div. A, title VIII, § 815, title IX, § 902(4), Dec. 20, 2019, 133 Stat. 1487, 1542; Pub. L. 116–283, div. A, title II, § 271, title XVIII, §§ 1845(c)(1), 1846(i)(1), Jan. 1, 2021, 134 Stat. 3502, 4247, 4251; Pub. L. 117–81, div. A, title II, § 241, Dec. 27, 2021, 135 Stat. 1619; Pub. L. 117–263, div. A, title II, § 231, Dec. 23, 2022, 136 Stat. 2486.)

CITE AS: 10 USC 139

§ 139a. Director of Cost Assessment and Program Evaluation
(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 2334 1
1 See References in Text note below.
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 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 2334 1 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),

CITE AS: 10 USC 139a

§ 139b. Secretariat for Special Operations; Special Operations Policy and Oversight Council
(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.)

CITE AS: 10 USC 139b

[§ 139c. Repealed. Pub. L. 114–328, div. A, title IX, § 901(e)(2), Dec. 23, 2016, 130 Stat. 2342]

CITE AS: 10 USC 139c

[§§ 139d, 139e. Renumbered §§ 139b, 139c]

CITE AS: 10 USC 139d, 139e

§ 140. General Counsel
(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.)

CITE AS: 10 USC 140

[§ 140a. Renumbered § 422]

CITE AS: 10 USC 140a

[§ 140b. Renumbered § 423]

CITE AS: 10 USC 140b

[§ 140c. Renumbered § 130]

CITE AS: 10 USC 140c

§ 141. Inspector General
(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.)

CITE AS: 10 USC 141

§ 142. Chief Information Officer
(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.)

CITE AS: 10 USC 142

§ 143. Office of the Secretary of Defense personnel: limitation
(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.)

CITE AS: 10 USC 143

§ 144. Director of Small Business Programs
(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.)

CITE AS: 10 USC 144

§ 145. Principal Advisor on Countering Weapons of Mass Destruction

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.)

CITE AS: 10 USC 145

[§ 146. Renumbered § 198]

CITE AS: 10 USC 146

§ 147. Chief Diversity Officer
(a)Chief Diversity Officer.—
(1) There is a Chief Diversity Officer of the Department of Defense, who shall be appointed by the Secretary of Defense.
(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion. A person may not be appointed as Chief Diversity Officer within three years after relief from active duty as a commissioned officer of a regular component of an armed force.
(3) The Chief Diversity Officer shall report directly to the Secretary of Defense in the performance of the duties of the Chief Diversity Officer under this section.
(b)Duties.—The Chief Diversity Officer—
(1) is responsible for providing advice on policy, oversight, guidance, and coordination for all matters of the Department of Defense related to diversity and inclusion;
(2) advises the Secretary of Defense, the Secretaries of the military departments, and the heads of all other elements of the Department with regard to matters of diversity and inclusion;
(3) shall establish and maintain a Department of Defense strategic plan that publicly states a diversity definition, vision, and goals for the Department;
(4) shall define a set of strategic metrics that are directly linked to key organizational priorities and goals, actionable, and actively used to implement the strategic plan under paragraph (3);
(5) shall advise in the establishment of training in diversity dynamics and training in practices for leading diverse groups effectively;
(6) shall advise in the establishment of a strategic plan for diverse participation by institutions of higher education (including historically black colleges and universities and minority-serving institutions), federally funded research and development centers, and individuals in defense-related research, development, test, and evaluation activities;
(7) shall advise in the establishment of a strategic plan for outreach to, and recruiting from, untapped locations and underrepresented demographic groups;
(8) shall coordinate with, and be supported by, the Office of People Analytics on studies, assessments, and related work relevant to diversity and inclusion; and
(9) shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe.
(Added Pub. L. 116–283, div. A, title IX, § 913(a)(1), Jan. 1, 2021, 134 Stat. 3802.)

CITE AS: 10 USC 147

§ 148. Joint Energetics Transition Office
(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; and
(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.
(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.)

CITE AS: 10 USC 148

§ 149. Office of Strategic Capital
(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 Secretary 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 amounts appropriated pursuant to the authorization of appropriations.
(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.
(f)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) Open RAN.
(V) Optical communications.
(W) Sensor hardware.
(X) Solar.
(Y) Space launch.
(Z) Spacecraft.
(AA) Space-enabled services and equipment.
(BB) Synthetic biology.
(CC) Quantum computing.
(DD) Quantum security.
(EE) Quantum sensing.
(FF) Strategic maritime infrastructure.
(GG) 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.)

CITE AS: 10 USC 149