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10 U.S.C. § 112 — Department of Defense: seal
Federal law — U.S. Code and appendices · legal_authorities
Page 47
TITLE 10—ARMED FORCES
§ 113
(b) The offices of Chairman of the Munitions Board,
Chairman of the Research and Development Board, Di-
rector of the Defense Supply Management Agency, Dep-
uty Director of the Defense Supply Management Agen-
cy, and Director of Installations are hereby abolished.
(c) The Secretary of Defense shall provide for winding
up any outstanding affairs of the said abolished agency,
boards, and offices, not otherwise provided for in this
reorganization plan.
(d) The function of guidance to the Munitions Board
in connection with strategic and logistic plans as re-
quired by section 213(c) of the National Security Act of
1947, as amended [section 171h(c) of former Title 5], is
hereby abolished.
SEC. 3. ASSISTANT SECRETARIES OF DEFENSE
[Repealed. Pub. L. 85–599, § 10(b), Aug. 6, 1958, 72 Stat.
521, eff. six months after Aug. 6, 1958. Section author-
ized appointment of six additional Assistant Secre-
taries and prescribed their duties and compensation.]
SEC. 4. GENERAL COUNSEL
[Repealed. Pub. L. 87–651, title III, § 307C, Sept. 7, 1962,
76 Stat. 526. Section authorized appointment of a Gen-
eral Counsel for the Department of Defense. See section
140 of this title.]
SEC. 5. PERFORMANCE OF FUNCTIONS
[Repealed. Pub. L. 87–651, title III, § 307C, Sept. 7, 1962,
76 Stat. 526. Section authorized the Secretary of De-
fense from time to time to make such provisions as he
deemed appropriate authorizing the performance by
any other officer, or by any agency or employee, of the
Department of any function of the Secretary. See sec-
tion 113 of this title.]
SEC. 6. MISCELLANEOUS PROVISIONS
(a) The Secretary of Defense may from time to time
effect such transfers within the Department of Defense
of any of the records, property, and per
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 112
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Page 47
TITLE 10—ARMED FORCES
§ 113
(b) The offices of Chairman of the Munitions Board,
Chairman of the Research and Development Board, Di-
rector of the Defense Supply Management Agency, Dep-
uty Director of the Defense Supply Management Agen-
cy, and Director of Installations are hereby abolished.
(c) The Secretary of Defense shall provide for winding
up any outstanding affairs of the said abolished agency,
boards, and offices, not otherwise provided for in this
reorganization plan.
(d) The function of guidance to the Munitions Board
in connection with strategic and logistic plans as re-
quired by section 213(c) of the National Security Act of
1947, as amended [section 171h(c) of former Title 5], is
hereby abolished.
SEC. 3. ASSISTANT SECRETARIES OF DEFENSE
[Repealed. Pub. L. 85–599, § 10(b), Aug. 6, 1958, 72 Stat.
521, eff. six months after Aug. 6, 1958. Section author-
ized appointment of six additional Assistant Secre-
taries and prescribed their duties and compensation.]
SEC. 4. GENERAL COUNSEL
[Repealed. Pub. L. 87–651, title III, § 307C, Sept. 7, 1962,
76 Stat. 526. Section authorized appointment of a Gen-
eral Counsel for the Department of Defense. See section
140 of this title.]
SEC. 5. PERFORMANCE OF FUNCTIONS
[Repealed. Pub. L. 87–651, title III, § 307C, Sept. 7, 1962,
76 Stat. 526. Section authorized the Secretary of De-
fense from time to time to make such provisions as he
deemed appropriate authorizing the performance by
any other officer, or by any agency or employee, of the
Department of any function of the Secretary. See sec-
tion 113 of this title.]
SEC. 6. MISCELLANEOUS PROVISIONS
(a) The Secretary of Defense may from time to time
effect such transfers within the Department of Defense
of any of the records, property, and personnel affected
by this reorganization plan, and such transfers of unex-
pended balances (available or to be made available for
use in connection with any affected function or agency)
of appropriations, allocations, and other funds of such
Department, as he deems necessary to carry out the
provisions of this reorganization plan.
(b) Nothing herein shall affect the compensation of
the Chairman of the Military Liaison Committee (63
Stat. 762).
EXECUTIVE ORDER NO. 12049
Ex. Ord. No. 12049, Mar. 27, 1978, 43 F.R. 13363, as
amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.
1055; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617,
which provided for establishment of Defense Economic
Adjustment Program and continued the Economic Ad-
justment Committee, was superseded by Ex. Ord. No.
12788, Jan. 15, 1992, 57 F.R. 2213, set out as a note under
section 2391 of this title.
§ 112. Department of Defense: seal
The Secretary of Defense shall have a seal for
the Department of Defense. The design of the
seal is subject to approval by the President. Ju-
dicial notice shall be taken of the seal.
(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962,
76 Stat. 517, § 132; renumbered § 112 and amended
Pub. L. 99–433, title I, §§ 101(a)(2), 110(d)(1), Oct. 1,
1986, 100 Stat. 994, 1002.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
132 ..........
5:171a(e).
July 26, 1947, ch. 343,
§ 202(e); added Aug. 10,
1949, ch. 412, § 5 (10th
par.), 63 Stat. 580.
Editorial Notes
AMENDMENTS
1986—Pub. L. 99–433 renumbered section 132 of this
title as this section and substituted ‘‘Department of
Defense: seal’’ for ‘‘Seal’’ in section catchline.
§ 113. Secretary of Defense
(a)(1) There is a Secretary of Defense, who is
the head of the Department of Defense, ap-
pointed from civilian life by the President, by
and with the advice and consent of the Senate.
(2) A person may not be appointed as Sec-
retary of Defense—
(A) within seven years after relief from ac-
tive duty as a commissioned officer of a reg-
ular 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 De-
partment 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)
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 cov-
ered by the report, together with—
(1) a report from each military department
on the expenditures, work, and accomplish-
ments of that department;
(2) a report from each military department
on the status of diversity and inclusion of
members and civilian employees in such de-
partment, including the status of diversity
and inclusion in the military service acad-
emies, the Officer Candidate and Training
Schools, and the Senior Reserve Officers’
Training Corps programs of such department;
(3) itemized statements showing the savings
of public funds, and the eliminations of unnec-
essary duplications, made under sections 125
and 191 of this title; and
(4) such recommendations as he considers
appropriate.
(d) Unless specifically prohibited by law, the
Secretary may, without being relieved of his re-
sponsibility, perform any of his functions or du-
ties, or exercise any of his powers through, or
with the aid of, such persons in, or organizations
of, the Department of Defense as he may des-
ignate.
(e)(1) The Secretary shall include in his annual
report to Congress under subsection (c)—
(A) a description of the major military mis-
sions and of the military force structure of the
United States for the next fiscal year;
(B) an explanation of the relationship of
those military missions to that force struc-
ture; and
(C) the justification for those military mis-
sions and that force structure.
(2) In preparing the matter referred to in para-
graph (1), the Secretary shall take into consider-
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 112
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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
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3002. This identifies an authority to review, not proof of applicability.