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10 U.S.C. § 140 — General Counsel
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_6acb3a99032b24d420b81e98
Source file: Laws/federal/codes/united-states-code/title-10/section-140-general-counsel--ca05094d97.md
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Source location: Title 10, Chapter 4, § 140; chapter-004-office-of-the-secretary-of-defense.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is an Inspector General of the Department of Defense, who is appointed as provided in [section 403 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section403&num=0&edition=prelim).
**(b)** The Inspector General performs the duties, has the responsibilities, and exercises the powers specified in chapter 4 of title 5.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 141
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Federal law — U.S. Code and appendices · legal_authorities
Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5315
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3038&num=0&edition=prelim)), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 137
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the limitations of subsection (c), and within the limitation of appropriations made for the purpose, the Secretary of Defense, the Inspector General of the Department of Defense, and the Secretary of a military department within his department, may provide for any emergency or extraordinary expense which cannot be anticipated or classified. When it is so provided in such an appropriation, the funds may be spent on approval or authority of the Secretary concerned or the Inspector General for any purpose he determines to be proper, and such a determination is final and conclusive upon the accounting officers of the United States. The Secretary concerned or the Inspector General may certify the amount of any such expenditure authorized by him that he considers advisable not to specify, and his certificate is sufficient voucher for the expenditure of that amount. The authority to expend amounts made available for the Military Intelligence Program for intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature is provided by [section 429a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section429a&num=0&edition=prelim) instead of this section.
**(b)** The authority conferred by this section may be delegated by the Secretary of Defense to any person in the Department of Defense, by the Inspector General to any person in the Office of the Inspector General, or by the Secretary of a military department to any person within his department, with or without the authority to make successive redelegations.
**(c)**
(1) Funds may not be obligated or expended in an amount in excess of $500,000 under the authority of subsection (a) or (b) until the Secretary of Defense has notified the cong
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 127
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim) or that is designated as such a program by the Director for purposes of this section.
**(b)** The Director is the principal adviser to the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering on operational test and evaluation in the Department of Defense and the principal operational test and evaluation official within the senior management of the Department of Defense. The Director shall—
(1) ensure that all operational test and evaluation activities are aligned with, and are condu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 139
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Defense is an executive department of the United States.
**(b)** The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
**(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
Page 213
TITLE 10—ARMED FORCES
§ 140
of Defense as the Secretary of Defense con-
siders 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.)
Editorial Notes
PRIOR PROVISIONS
A prior section 139b, added Pub. L. 111–23, title I,
§ 102(a)(1), May 22, 2009, 123 Stat. 1710, § 139d; renumbered
§ 139b and amended Pub. L. 111–383, div. A, title IX,
§ 901(e), (f), (k)(1)(E), title X, § 1075(b)(6), Jan. 7, 2011, 124
Stat. 4321, 4322, 4325, 4369; Pub. L. 112–81, div. A, title
VIII, § 835(b), Dec. 31, 2011, 125 Stat. 1507; Pub. L. 112–239,
div. A, title IX, § 904(a)–(d), (f), (g), title X, § 1076(f)(5),
Jan. 2, 2013, 126 Stat. 1866, 1867, 1952; Pub. L. 113–291, div.
A, title II, § 221(a), Dec. 19, 2014, 128 Stat. 3330; Pub. L.
114–92, div. A, title VIII, § 832, title X, § 1078(b), Nov. 25,
2015, 129 Stat. 913, 998, related to Deputy Assistant Sec-
retary of Defense for Developmental Test and Evalua-
tion; Deputy Assistant Secretary of Defense for Sys-
tems Engineering; support of major defense acquisition
programs; annual and biennial report requirements;
and joint guidance in certain areas, prior to repeal by
Pub. L. 114–328, div. A, title IX, § 901(e)(2), Dec. 23, 2016,
130 Stat. 2342.
Another prior section 139b was renumbered section
138c of this title and was subsequently repealed.
Another prior section 139b was renumbered sections
4371 to 4375 of this title.
AMENDMENTS
2021—Pub. L. 116–283 amended sec
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 140
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