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10 U.S.C. § 125 — Functions, powers, and duties: transfer, reassignment, consolidation, or abolition
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)), the Secretary of Defense shall take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to provide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. However, except as provided by subsections (b) and (c), a function, power, or duty vested in the Department of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abolished.
**(b)** Notwithstanding subsection (a), if the President determines it to be necessary because of hostilities or an imminent threat of hostilities, any function, power, or duty vested by law in the Department of Defense, or an officer, official, or agency thereof, including one assigned to the Army, Navy, Air Force, Marine Corps, or Space Force by section 7062(b), 8062, 8063, 9062(c), or 9081 of this title, may be transferred, reassigned, or consolidated. The transfer, reassignment, or consolidation remains in effect until the President determines that hostilities have terminated or that there is no longer an imminent threat of hostilities, as the case may be.
**(c)** Notwithstanding subsection (a), the Secretary of Defense may assign or reassign the development and operational use of new weapons or weapons systems to one or more of the military departments or one or more of the armed forces.
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Source file: Laws/federal/codes/united-states-code/title-10/section-125-functions-powers-and-duties-transfer-reassignment-consolidation-or-aboli--cc8089a8a2.md
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Source location: Title 10, Chapter 3, § 125; chapter-003-general-powers-and-functions.md
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**(a)** Subject to section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)), the Secretary of Defense shall take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to provide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. However, except as provided by subsections (b) and (c), a function, power, or duty vested in the Department of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abolished.
**(b)** Notwithstanding subsection (a), if the President determines it to be necessary because of hostilities or an imminent threat of hostilities, any function, power, or duty vested by law in the Department of Defense, or an officer, official, or agency thereof, including one assigned to the Army, Navy, Air Force, Marine Corps, or Space Force by section 7062(b), 8062, 8063, 9062(c), or 9081 of this title, may be transferred, reassigned, or consolidated. The transfer, reassignment, or consolidation remains in effect until the President determines that hostilities have terminated or that there is no longer an imminent threat of hostilities, as the case may be.
**(c)** Notwithstanding subsection (a), the Secretary of Defense may assign or reassign the development and operational use of new weapons or weapons systems to one or more of the military departments or one or more of the armed forces.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sense of Congress** It is the sense of Congress that—
(1) the People’s Republic of China appears to be specifically targeting the Chinese-American community for intelligence purposes;
(2) such targeting carries a substantial risk that the loyalty of such Americans may be generally questioned and lead to unacceptable stereotyping, targeting, and racial profiling;
(3) the United States Government has a duty to warn and protect all Americans including those of Chinese descent from these intelligence efforts by the People’s Republic of China;
(4) the broad stereotyping, targeting, and racial profiling of Americans of Chinese descent is contrary to the values of the United States and reinforces the flawed narrative perpetuated by the People’s Republic of China that ethnically Chinese individuals worldwide have a duty to support the People’s Republic of China; and
(5) the United States efforts to combat the People’s Republic of China’s intelligence activities should actively safeguard and promote the constitutional rights of all Chinese Americans.
**(b) Report** On an annual basis, the Director of National Intelligence, acting through the Office of Civil Liberties, Privacy, and Transparency, in coordination with the civil liberties and privacy officers of the elements of the intelligence community, shall submit a report to the congressional intelligence committees containing—
(1) a review of how the policies, procedures, and practices of the intelligence community that govern the intelligence activities and operations targeting the People’s Republic of China affect policies, procedures, and practices relating to the privacy, civil liberties, and civil rights of Americans of Chinese descent who may be targets of espionage and influence operations by China; and
(2
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3002
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 442a, comprising section 1102 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3232&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall take such action as is necessary to reform the Department of Defense to improve the efficacy and efficiency of the Department, and to improve the ability of the Department to prioritize among and assess the costs and benefits of covered elements of reform.
**(b) Policy.—** The Secretary shall develop a policy and issue guidance to implement reform within the Department and to improve the ability of the Department to prioritize among and assess the costs and benefits of covered elements of reform.
**(c) Framework for Reform.—**
(1) **In general.—** — Not later than February 1, 2023, the Secretary shall establish policies, guidance, and a consistent reporting framework to measure the progress of the Department toward covered elements of reform, including by establishing categories of reform, consistent metrics, and a process for prioritization of reform activities.
(2) **Scope.—** — The framework required by paragraph (1) may address duties under the following:
(A) [Section 125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section125&num=0&edition=prelim).
(B) [Section 192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section192&num=0&edition=prelim).
(C) [Section 2222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222&num=0&edition=prelim).
(D) [Section 1124 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1124&num=0&edition=prelim).
(E) [Section 11319 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11319&num=0&edition=prelim).
(3) **Consultation.—** — The Secretary shall consult with the Deputy Secret
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 125a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Whenever the Secretary of Defense determines such action would be more effective, economical, or efficient, the Secretary may provide for the performance of a supply or service activity that is common to more than one military department by a single agency of the Department of Defense.
**(b) Designation of Common Supply or Service Agency.—** Any agency of the Department of Defense established under subsection (a) (or under the second sentence of [section 125(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section125/d&num=0&edition=prelim) (as in effect before October 1, 1986)) for the performance of a supply or service activity referred to in such subsection shall be designated as a Defense Agency or a Department of Defense Field Activity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 191
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Federal law — U.S. Code and appendices · legal_authorities
Page 142
TITLE 10—ARMED FORCES
§ 125
termine which counter-drug detection and monitoring
systems should be eliminated from the counter-drug
program based on the results of such evaluation. The
plan shall include an estimate by the Secretary of the
full cost to implement the plan, including the cost to
develop, procure, operate, and maintain equipment
used in counter-drug detection and monitoring activi-
ties performed under the plan and training and per-
sonnel costs associated with such activities.
‘‘(d) REPORT.—Not later than six months after the
date of the enactment of this Act [Oct. 23, 1992], the
Secretary of Defense shall submit to Congress a report
on the requirements established under subsection (a)
and the results of the evaluation conducted under sub-
section (b). The report shall include the plan prepared
under subsection (c).
‘‘(e) LIMITATION ON OBLIGATION OF FUNDS.—(1) Except
as provided in paragraph (2), none of the funds appro-
priated or otherwise made available for the Depart-
ment of Defense for fiscal year 1993 pursuant to an au-
thorization of appropriations in this Act [see Tables for
classification] may be obligated or expended for the
procurement or upgrading of a counter-drug detection
and monitoring system, for research and development
with respect to such a system, or for the lease or rental
of such a system until after the date on which the Sec-
retary of Defense submits to Congress the report re-
quired under subsection (d).
‘‘(2) Paragraph (1) shall not prohibit obligations or
expenditures of funds for—
‘‘(A) any procurement, upgrading, research and de-
velopment, or lease of a counter-drug detection and
monitoring system that is necessary to carry out the
evaluation required under subsection (b); or
‘‘(B) the operat
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 125
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 558
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3002
as those required by FISA and Executive Order 12333.
This order is not intended to alter the rules applicable
to United States persons adopted pursuant to FISA,
Executive Order 12333, or other applicable law.
(f) This order shall apply to signals intelligence ac-
tivities consistent with the scope of PPD–28’s applica-
tion to such activities prior to PPD–28’s partial revoca-
tion by the national security memorandum issued con-
currently with this order. To implement this sub-
section, the head of each agency containing an element
of the Intelligence Community, in consultation with
the Attorney General and the Director, is hereby dele-
gated the authority to issue guidance, which may be
classified, as appropriate, as to the scope of application
of this order with respect to the element or elements of
the Intelligence Community within their agency. The
CLPO and the Data Protection Review Court, in car-
rying out the functions assigned to it under this order,
shall treat such guidance as authoritative and binding.
(g) Nothing in this order confers authority to declas-
sify or disclose classified national security information
except as authorized pursuant to Executive Order 13526
or any successor order. Consistent with the require-
ments of Executive Order 13526, the CLPO, the Data
Protection Review Court, and the special advocates
shall not have authority to declassify classified na-
tional security information, nor shall they disclose any
classified or otherwise privileged or protected informa-
tion except to authorized and appropriately cleared in-
dividuals who have a need to know the information.
(h) This order creates an entitlement to submit quali-
fying complaints to the CLPO and to obtain review of
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3002
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