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10 U.S.C. § 191 — Secretary of Defense: authority to provide

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10 U.S.C. § 191 — Secretary of Defense: authority to provide

Page 286 TITLE 10—ARMED FORCES § 191 Sec. 197. Defense Logistics Agency: fees charged for lo- gistics information. 198. Office of Local Defense Community Coopera- tion. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title IX, § 902(a)(4)(B), Dec. 27, 2021, 135 Stat. 1869, which directed amendment of the table of sections at the beginning of ‘‘subtitle I’’ of this chapter by adding item 198 after item 197, was executed to the table of sections at the beginning of this sub- chapter, to reflect the probable intent of Congress. 2004—Pub. L. 108–375, div. A, title X, § 1010(b), Oct. 28, 2004, 118 Stat. 2038, added item 197. 2002—Pub. L. 107–314, div. A, title II, § 231(a)(2), Dec. 2, 2002, 116 Stat. 2489, added item 196. 1997—Pub. L. 105–85, div. A, title III, § 383(b), Nov. 18, 1997, 111 Stat. 1711, added item 195. 1986—Pub. L. 99–433, title III, § 301(a)(2), Oct. 1, 1986, 100 Stat. 1019, inserted ‘‘AND DEPARTMENT OF DE- FENSE FIELD ACTIVITIES’’ in chapter heading, added subchapter analysis and subchapter I analysis, and struck out former chapter analysis consisting of item 191 ‘‘Unauthorized use of Defense Intelligence Agency name, initials, or seal’’. 1985—Pub. L. 99–145, title XIII, § 1302(a)(2), Nov. 8, 1985, 99 Stat. 737, redesignated item 192 ‘‘Benefits for certain employees of the Defense Intelligence Agency’’ as item 1605 and transferred it to chapter 83 of this title. 1983—Pub. L. 98–215, title V, § 501(b), Dec. 9, 1983, 97 Stat. 1479, added item 192. 1982—Pub. L. 97–269, title V, § 501(a), Sept. 27, 1982, 96 Stat. 1144, added chapter 8 heading and analysis of sec- tions for chapter 8, consisting of a single item 191. § 191. Secretary of Defense: authority to provide for common performance of supply or service activities (

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Page 286 TITLE 10—ARMED FORCES § 191 Sec. 197. Defense Logistics Agency: fees charged for lo- gistics information. 198. Office of Local Defense Community Coopera- tion. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title IX, § 902(a)(4)(B), Dec. 27, 2021, 135 Stat. 1869, which directed amendment of the table of sections at the beginning of ‘‘subtitle I’’ of this chapter by adding item 198 after item 197, was executed to the table of sections at the beginning of this sub- chapter, to reflect the probable intent of Congress. 2004—Pub. L. 108–375, div. A, title X, § 1010(b), Oct. 28, 2004, 118 Stat. 2038, added item 197. 2002—Pub. L. 107–314, div. A, title II, § 231(a)(2), Dec. 2, 2002, 116 Stat. 2489, added item 196. 1997—Pub. L. 105–85, div. A, title III, § 383(b), Nov. 18, 1997, 111 Stat. 1711, added item 195. 1986—Pub. L. 99–433, title III, § 301(a)(2), Oct. 1, 1986, 100 Stat. 1019, inserted ‘‘AND DEPARTMENT OF DE- FENSE FIELD ACTIVITIES’’ in chapter heading, added subchapter analysis and subchapter I analysis, and struck out former chapter analysis consisting of item 191 ‘‘Unauthorized use of Defense Intelligence Agency name, initials, or seal’’. 1985—Pub. L. 99–145, title XIII, § 1302(a)(2), Nov. 8, 1985, 99 Stat. 737, redesignated item 192 ‘‘Benefits for certain employees of the Defense Intelligence Agency’’ as item 1605 and transferred it to chapter 83 of this title. 1983—Pub. L. 98–215, title V, § 501(b), Dec. 9, 1983, 97 Stat. 1479, added item 192. 1982—Pub. L. 97–269, title V, § 501(a), Sept. 27, 1982, 96 Stat. 1144, added chapter 8 heading and analysis of sec- tions for chapter 8, consisting of a single item 191. § 191. Secretary of Defense: authority to provide for common performance of supply or service activities (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 SERV- ICE AGENCY.—Any agency of the Department of Defense established under subsection (a) (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) for the performance of a supply or service activity referred to in such subsection shall be des- ignated as a Defense Agency or a Department of Defense Field Activity. (Added Pub. L. 99–433, title III, § 301(a)(2), Oct. 1, 1986, 100 Stat. 1019; amended Pub. L. 100–26, § 7(i)(1), Apr. 21, 1987, 101 Stat. 282.) Editorial Notes REFERENCES IN TEXT Subsection (d) of section 125 of this title, referred to in subsec. (b), was repealed by section 301(b)(1) of Pub. L. 99–433. PRIOR PROVISIONS A prior section 191 was renumbered section 202 of this title and subsequently repealed. AMENDMENTS 1987—Subsec. (b). Pub. L. 100–26 substituted ‘‘October 1, 1986’’ for ‘‘the date of the enactment of the Gold- water-Nichols Department of Defense Reorganization Act of 1986’’. Statutory Notes and Related Subsidiaries MISSION MANAGEMENT PILOT PROGRAM Pub. L. 117–81, div. A, title VIII, § 871, Dec. 27, 2021, 135 Stat. 1855, as amended by Pub. L. 118–31, div. A, title VIII, § 871, Dec. 22, 2023, 137 Stat. 349, provided that: ‘‘(a) IN GENERAL.—Subject to the availability of ap- propriations, the Secretary of Defense shall establish a pilot program to identify lessons learned and improved mission outcomes achieved by quickly delivering solu- tions that fulfill critical operational needs arising from cross-service missions undertaken by combatant com- mands through the use of a coordinated and iterative approach to develop, evaluate, and transition such so- lutions. ‘‘(b) MISSIONS SELECTION.— ‘‘(1) IN GENERAL.— ‘‘(A) SELECTION.—Except as provided in paragraph (3), the Deputy Secretary of Defense shall select missions with respect to which to carry out the pilot program. ‘‘(B) DELEGATION OF OVERSIGHT AND MANAGE- MENT.—The Deputy Secretary of Defense may dele- gate to one or more mission managers the responsi- bility to oversee the selected missions and provide mission management. ‘‘(2) SELECTION CRITERIA.—When selecting missions under paragraph (1), the Deputy Secretary of Defense shall— ‘‘(A) select missions with critical cross-service operational needs; and ‘‘(B) consider— ‘‘(i) the strategic importance of the critical cross-service operational needs to the operational plans of the relevant combatant commands; and ‘‘(ii) the advice of key stakeholders, including the Joint Staff, regarding mission selection. ‘‘(3) INITIAL MISSION.— ‘‘(A) IN GENERAL.—Not later than four months after the date of the enactment of this section [Dec. 27, 2021], the Director of the Strategic Capabilities Office shall select the initial mission under the pilot program that has critical cross-service oper- ational needs and which is of strategic importance to the operational plans of the United States Indo- Pacific Command. ‘‘(B) RESPONSIBILITY.—The mission selected under subparagraph (A) shall be established within the Strategic Capabilities Office of the Department of Defense, in coordination with the Office of the Under Secretary of Defense for Research and Engi- neering. ‘‘(C) MISSION SELECTION APPROVAL.—The mission selected by the Director of the Strategic Capabili- ties Office under subparagraph (A) shall be subject to the approval of the Technology Cross-Functional Team of the Strategic Capabilities Office that is chaired by the Under Secretary of Defense for Re- search and Engineering. ‘‘(4) IDENTIFICATION OF FUNDING.—For each mission selected under paragraph (1), the Deputy Secretary of Defense shall identify funding sources in detail in de- fense budget materials submitted to Congress pursu- ant to section 1105 of title 31, United States Code, for the first year for which the selected mission is in- tended to be carried out. Such materials shall also in- clude a description of each such selected mission and the proposed solution to achieve the goals of such mission. ‘‘(c) MISSION MANAGERS.— ‘‘(1) IN GENERAL.—A mission manager shall carry out the pilot program with respect to each mission. ‘‘(2) RESPONSIBILITIES.—With respect to each mis- sion, the relevant mission manager shall— ‘‘(A) identify critical cross-service, cross-pro- gram, and cross-domain operational needs by enu- Page 287 TITLE 10—ARMED FORCES § 191 merating the options available to the combatant command responsible for carrying out such mission and determining the resiliency of such options to threats from adversaries; ‘‘(B) in coordination with the military services and appropriate Defense Agencies and Field Activi- ties, develop and deliver solutions, including soft- ware and information technology solutions and other functionalities unaligned with any one weap- on system of a covered Armed Service, to— ‘‘(i) fulfill critical cross-service, cross-program, and cross-domain operational needs; and ‘‘(ii) address future changes to existing critical cross-service, cross-program, and cross-domain operational needs by providing additional capa- bilities; ‘‘(C) work with the combatant command respon- sible for such mission and the related planning or- ganizers, program managers of a covered Armed Force, and defense research and development ac- tivities to carry out iterative testing and support to initial operational fielding of the solutions de- scribed in subparagraph (B); ‘‘(D) conduct research, development, test, evalua- tion, and transition support activities with respect to the delivery of the solutions described in sub- paragraph (B); ‘‘(E) seek to integrate existing, emerging, and new capabilities available to the Department of De- fense in the development of the solutions described in subparagraph (B), including by incenting and working with program managers of a covered Armed Force; ‘‘(F) assist the Deputy Secretary of Defense in the identification of funding that could contribute to the mission through existing authorized methods to realign, reprogram, or transfer funds; and ‘‘(G) provide to the Deputy Secretary of Defense mission management activity updates and report- ing on the use of funds under the pilot program with respect to such mission. ‘‘(3) APPOINTMENT.—Each mission selected under subsection (b) shall have a mission manager— ‘‘(A) appointed at the time of mission approval; and ‘‘(B) who may be from any suitable organization, except that the mission manager with respect the initial mission under (b)(3) shall be the Director of the Strategic Capabilities Office. ‘‘(4) ITERATIVE APPROACH.—The mission manager shall, to the extent practicable, carry out the pilot program with respect to each mission selected under subsection (b) by integrating existing, emerging, and new military capabilities, and managing a portfolio of small, iterative development and support to initial operational fielding efforts. ‘‘(5) OTHER PROGRAM MANAGEMENT RESPONSIBIL- ITIES.—The activities undertaken by the mission manager with respect to a mission, including mission management, do not supersede or replace the pro- gram management responsibilities of any other indi- vidual that are related to such missions. ‘‘(d) DATA COLLECTION REQUIREMENT.—The Deputy Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of— ‘‘(1) developing and sharing best practices for ap- plying emerging technology and supporting new oper- ational concepts to improve outcomes on key mili- tary missions and operational challenges; and ‘‘(2) providing information to the leadership of the Department on the implementation of the pilot pro- gram and related policy issues. ‘‘(e) ASSESSMENTS.—During the five-year period be- ginning on the date of the enactment of this Act [Dec. 27, 2021], the Deputy Secretary of Defense shall regu- larly assess— ‘‘(1) the authorities required by the mission man- agers to effectively and efficiently carry out the pilot program with respect to the missions selected under subsection (b); and ‘‘(2) whether the mission managers have access to sufficient funding to carry out the research, develop- ment, test, evaluation, and support to initial oper- ational fielding activities required to deliver solu- tions fulfilling the critical cross-service, cross-pro- gram, and cross-domain operational needs of the mis- sions. ‘‘(f) BRIEFINGS.— ‘‘(1) SEMIANNUAL BRIEFING.— ‘‘(A) IN GENERAL.—Not later than July 1, 2022, and annually thereafter until September 30, 2028, the mission manager shall provide to the congressional defense committees [Committees on Armed Serv- ices and Appropriations of the Senate and the House of Representatives] a briefing on the progress of the pilot program with respect to each mission selected under subsection (b), the anticipated mis- sion outcomes, and the funds used to carry out the pilot program with respect to such mission. ‘‘(B) INITIAL BRIEFING.—The Deputy Secretary of Defense shall include in the first briefing submitted under subparagraph (A) a briefing on the implemen- tation of the pilot program, including— ‘‘(i) the actions taken to implement the pilot program; ‘‘(ii) an assessment of the pilot program; ‘‘(iii) requests for Congress to provide authori- ties required to successfully carry out the pilot program; and ‘‘(iv) a description of the data plan required under subsection (d). ‘‘(2) ANNUAL BRIEFING.—Not later than one year after the date on which the pilot program is estab- lished, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a briefing on the pilot program, including— ‘‘(A) the data collected and analysis performed under subsection (d); ‘‘(B) lessons learned; ‘‘(C) the priorities for future activities of the pilot program; and ‘‘(D) such other information as the Deputy Sec- retary determines appropriate. ‘‘(3) RECOMMENDATION.—Not later than two years after the date of the enactment of this Act, the Dep- uty Secretary of Defense shall submit to Congress a briefing on the recommendations of the Deputy Sec- retary with respect to the pilot program and shall concurrently submit to Congress— ‘‘(A) a written assessment of the pilot program; ‘‘(B) a written recommendation on continuing or expanding the mission integration pilot program; ‘‘(C) requests for Congress to provide authorities required to successfully carry out the pilot pro- gram; and ‘‘(D) the data collected and analysis performed under subsection (d). ‘‘(g) TRANSITION.—Beginning in fiscal year 2025, the Deputy Secretary of Defense may transition respon- sibilities for research, development, test, evaluation, and support to initial operational fielding activities started under the pilot program to other elements of the Department for purposes of delivering solutions ful- filling critical cross-service, cross-program, and cross- domain operational needs. ‘‘(h) TERMINATION DATE.—The pilot program shall ter- minate on September 30, 2028. ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as providing any authority not oth- erwise provided by law to procure, or enter agreements to procure, any goods, materials, or services. ‘‘(j) DEFINITIONS.—In this section: ‘‘(1) COVERED ARMED FORCE.—The term ‘covered Armed Force’ means— ‘‘(A) the Army; ‘‘(B) the Navy; ‘‘(C) the Air Force; ‘‘(D) the Marine Corps; or Page 288 TITLE 10—ARMED FORCES § 191 ‘‘(E) the Space Force. ‘‘(2) CROSS-FUNCTIONAL TEAMS OF THE STRATEGIC CA- PABILITIES OFFICE.—The term ‘Cross-Functional Teams of the Strategic Capabilities Office’ means the teams established in the Strategic Capabilities Office of the Department of Defense pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1277; 10 U.S.C. 132 note). ‘‘(3) CROSS-SERVICE.—The term ‘cross-service’ means pertaining to multiple covered Armed Forces. ‘‘(4) CROSS-DOMAIN.—The term ‘cross-domain’ means pertaining to multiple operational domains of land, maritime, air, space, and cyberspace. ‘‘(4)[(5)] CROSS-SERVICE OPERATIONAL NEED.—The term ‘cross-service operational need’ means an oper- ational need arising from a mission undertaken by a combatant command which involves multiple covered Armed Forces. ‘‘(5)[(6)] DEFENSE AGENCY; MILITARY DEPARTMENT.— The terms ‘Defense Agency’ and ‘military depart- ment’ have the meanings given such terms in section 101(a) of title 10, United States Code. ‘‘(6)[(7)] FIELD ACTIVITY.—The term ‘Field Activity’ has the meaning given the term ‘Department of De- fense Field Activity’ in section 101(a) of title 10, United States Code. ‘‘(7)[(8)] MISSION MANAGEMENT.—The term ‘mission management’ means the integration of materiel, dig- ital, and operational elements to improve defensive and offensive options and outcomes for a specific mis- sion or operational challenge. ‘‘(8)[(9)] PILOT PROGRAM.—The term ‘pilot program’ means the pilot program established under subsection (a).’’ ESTABLISHMENT OF MISSION-ORIENTED PILOT PROGRAMS TO CLOSE SIGNIFICANT CAPABILITIES GAPS Pub. L. 117–81, div. A, title VIII, § 872, Dec. 27, 2021, 135 Stat. 1859, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall es- tablish, within the Strategic Capabilities Office of the Office of the Secretary of Defense, not fewer than two mission-oriented integration pilot programs with the objective of closing significant capabilities gaps by de- veloping and implementing capabilities and by syn- chronizing and integrating missions across covered Armed Forces and Defense Agencies. ‘‘(b) ELEMENTS.—The pilot programs established under subsection (a) shall— ‘‘(1) seek to address specific outstanding oper- ational challenges of high importance to the oper- ational plans of the United States Indo-Pacific Com- mand and the United States European Command; ‘‘(2) be designed to leverage industry cost sharing by using sources such as private equity and venture capital funding to develop technologies and overall capabilities that resolve significant capability gaps for delivery to the Department of Defense, as a prod- uct or as a service; ‘‘(3) not later than three years after the date on which the pilot program commences, demonstrate the efficacy of the solutions being developed under the pilot program; ‘‘(4) deliver an operational capability not later than five years after the pilot program commences; ‘‘(5) provide an operationally relevant solution for— ‘‘(A)(i) maintaining resilient aircraft operations in and around Guam in the face of evolving regional threats, including large salvo supersonic and hypersonic missile threats; or ‘‘(ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Com- mand or the United States European Command; and ‘‘(B)(i) providing a resilient logistic and resupply capability in the face of evolving regional threats, including operations within an anti-access-area de- nial environment; or ‘‘(ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Com- mand; and ‘‘(6) incorporate— ‘‘(A) existing and planned Department of Defense systems and capabilities to achieve mission objec- tives; and ‘‘(B) to the extent practicable, technologies that have military applications and the potential for nonmilitary applications. ‘‘(c) ROLE OF STRATEGIC CAPABILITIES OFFICE.— ‘‘(1) IN GENERAL.—With respect to the pilot pro- grams established under subsection (a), the Director of the Strategic Capabilities Office, in consultation with the Under Secretary of Defense for Research and Engineering, shall— ‘‘(A) assign mission managers or program man- agers— ‘‘(i) to coordinate and collaborate with entities awarded contracts or agreements under the pilot program, parties to cost sharing agreements for such awarded contracts or agreements, combat- ant commands, and military departments to de- fine mission requirements and solutions; and ‘‘(ii) to coordinate and monitor pilot program implementation; ‘‘(B) provide technical assistance for pilot pro- gram activities, including developing and imple- menting metrics, which shall be used— ‘‘(i) to assess each operational challenge such pilot programs are addressing; and ‘‘(ii) to characterize the resilience of solutions being developed under the pilot programs to known threats and single points of failure; ‘‘(C) provide operational use case expertise to the entities awarded contracts or agreements under the pilot program and parties to cost sharing agree- ments for such awarded contracts or agreements; ‘‘(D) serve as the liaison between the Armed Forces, the combatant commanders, and the par- ticipants in the pilot programs; and ‘‘(E) use flexible acquisition practices and au- thorities, including— ‘‘(i) the authorities under section[s] 2371 and 2371b of title 10, United States Code [now 10 U.S.C. 4021, 4022]; ‘‘(ii) payments for demonstrated progress; ‘‘(iii) authorities under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.); and ‘‘(iv) other acquisition practices that support efficient and effective access to emerging tech- nologies and capabilities, including technologies and capabilities from companies funded with pri- vate investment. ‘‘(2) REPORTS TO CONGRESS.—Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], and every 180 days thereafter, the Director of the Strategic Capabilities Office shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the pilot programs. ‘‘(d) ADDITIONAL AUTHORITIES.—The Secretary of De- fense shall assess authorities required for such mission managers and program managers to effectively and ef- ficiently fulfill their responsibilities under the pilot programs, including the delegation of personnel hiring and contracting authorities. ‘‘(e) DATA.—The Secretary of Defense shall establish mechanisms to collect and analyze data on the imple- mentation of the pilot programs for the purposes of— ‘‘(1) developing and sharing best practices for achieving goals established for the pilot programs; and ‘‘(2) providing information to the Secretary and the congressional defense committees on— ‘‘(A) the implementation of the pilot programs; and ‘‘(B) related policy issues. ‘‘(f) RECOMMENDATIONS.—Not later than two years after the date of the enactment of this Act, the Sec- Page 289 TITLE 10—ARMED FORCES § 192 retary of Defense shall submit to the congressional de- fense committees a recommendation with respect to continuing or expanding the pilot program. ‘‘(g) TRANSITION OF PILOT PROGRAM RESPONSIBIL- ITIES.—Beginning in fiscal year 2025, the Secretary may transition the responsibility for the pilot programs to another organization. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) COVERED ARMED FORCE.—The term ‘covered Armed Force’ means— ‘‘(A) the Army; ‘‘(B) the Navy; ‘‘(C) the Air Force; ‘‘(D) the Marine Corps; or ‘‘(E) the Space Force. ‘‘(2) DEFENSE AGENCY.—The term ‘Defense Agency’ has the meaning given such term in section 101(a) of title 10, United States Code. ‘‘(3) MISSION MANAGER.—The term ‘mission man- ager’ means an individual that, with respect to a mis- sion under a pilot program established under sub- section (a), shall have the responsibilities described in subparagraphs (B) through (F) of section 871(c)(2) of this Act [set out in a note above].’’ ACTIONS TO INCREASE THE EFFICIENCY AND TRANSPARENCY OF THE DEFENSE LOGISTICS AGENCY Pub. L. 115–232, div. A, title IX, § 924, Aug. 13, 2018, 132 Stat. 1931, provided that: ‘‘(a) SYSTEM AND CAPABILITY.—Not later than Janu- ary 1, 2020, the Director of the Defense Logistics Agen- cy and the Chief Management Officer of the Depart- ment of Defense shall jointly, in consultation with the customers served by the Agency, develop and imple- ment— ‘‘(1) a comprehensive system that enables cus- tomers of the Agency to view— ‘‘(A) the inventory of items and materials avail- able to customers from the Agency; and ‘‘(B) the delivery status of items and materials that are in transit to customers; and ‘‘(2) a predictive analytics capability designed to increase the efficiency of the system described in paragraph (1) by identifying emerging customer needs with respect to items and materials supplied by the Agency, including any emerging needs arising from the use of new weapon systems by customers. ‘‘(b) ACTIONS TO INCREASE EFFICIENCY.—Not later than January 1, 2020, the Director and the Chief Man- agement Officer shall jointly— ‘‘(1) develop a plan to reduce the rates charged by the Agency to customers, in aggregate— ‘‘(A) by not less than 10 percent; or ‘‘(B) if the Chief Management Officer determines that a reduction of rates in aggregate of 10 percent or more will create overall inefficiencies for the De- partment, by such percentage less than 10 percent as the Chief Management Officer considers appro- priate to avoid such inefficiencies, but only after notifying the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of such lesser percentage in reduction of rates pursu- ant to this subparagraph; ‘‘(2) eliminate the duplication of services within the Agency; and ‘‘(3) establish specific goals and metrics to ensure that the Agency is fulfilling its mission of providing items and materials to customers with sufficient speed and in sufficient quantities to ensure the lethality and readiness of warfighters. ‘‘(c) PLAN REQUIRED.—Not later than February 1, 2019, the Director and the Chief Management Officer shall jointly submit to the congressional defense committees a plan that describes how the Director and the Chief Management Officer will achieve compliance with the requirements of subsections (a) and (b).’’ COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE LOGISTICS AGENCY Pub. L. 106–398, § 1 [[div. A], title IX, § 917], Oct. 30, 2000, 114 Stat. 1654, 1654A–232, directed the Comptroller General to review the operations of the Defense Logis- tics Agency and to submit to committees of Congress one or more reports setting forth the Comptroller Gen- eral’s findings not later than Feb. 1, 2002. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE INFORMATION SYSTEMS AGENCY Pub. L. 106–398, § 1 [[div. A], title IX, § 918], Oct. 30, 2000, 114 Stat. 1654, 1654A–232, directed the Comptroller General to review the operations of the Defense Infor- mation Systems Agency and to submit to committees of Congress one or more reports setting forth the Comptroller General’s findings not later than Feb. 1, 2002. REASSESSMENT OF DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES Pub. L. 99–433, title III, § 303, Oct. 1, 1986, 100 Stat. 1023, directed Secretary of Defense to conduct a study of functions and organizational structure of Defense Agencies and Department of Defense Field Activities to determine the most effective, economical, or efficient means of providing supply or service activities common to more than one military department, with Secretary to submit a report to Congress not later than Oct. 1, 1987. The report was to include a study of improved ap- plication of computer systems to functions of Defense Agencies and Department of Defense Field Activities, including a plan for rapid replacement, where nec- essary, of existing automated data processing equip- ment with new equipment, and plans to achieve reduc- tions in total number of members of Armed Forces and civilian employees assigned or detailed to permanent duty in Defense Agencies and Department of Defense Field Activities (other than National Security Agency) by 5 percent, 10 percent, and 15 percent of total number of such members and employees projected to be as- signed or detailed to such duty on Sept. 30, 1988, to- gether with a discussion of implications of each such reduction and a draft of any legislation that would be required to implement each such plan. § 192. Defense Agencies and Department of De- fense Field Activities: oversight by the Sec- retary of Defense (a) OVERALL SUPERVISION.—(1) The Secretary of Defense shall assign responsibility for the overall supervision of each Defense Agency and Department of Defense Field Activity des- ignated under section 191(b) of this title— (A) to a civilian officer within the Office of the Secretary of Defense listed in section 131(b) of this title; or (B) to the Chairman of the Joint Chiefs of Staff. (2) An official assigned such a responsibility with respect to a Defense Agency or Department of Defense Field Activity shall advise the Sec- retary of Defense on the extent to which the program recommendations and budget proposals of such agency or activity conform with the re- quirements of the military departments and of the unified and specified combatant commands. (3) This subsection does not apply to the De- fense Intelligence Agency or the National Secu- rity Agency. (b) PROGRAM AND BUDGET REVIEW.—The Sec- retary of Defense shall establish procedures to ensure that there is full and effective review of the program recommendations and budget pro- posals of each Defense Agency and Department of Defense Field Activity. (c) PERIODIC REVIEW.—(1)(A) Not later than January 1, 2020, and periodically (but not less

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 De

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 132 — Deputy Secretary of Defense

Page 181 TITLE 10—ARMED FORCES § 132 position of Assistant Secretary of Defense for Oper- ational Energy Plans and Programs. ‘‘(C) In the case of the individual serving as Assist- ant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, the posi- tion of Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.’’ DEFENSE ACQUISITION WORKFORCE Pub. L. 105–85, div. A, title IX, § 912(a)–(e), Nov. 18, 1997, 111 Stat. 1860, 1861, required Secretary of Defense to accomplish reductions in defense acquisition per- sonnel positions, to report on specific acquisition posi- tions previously eliminated, to submit an implementa- tion plan to streamline and improve acquisition organi- zations, to review acquisition organizations and func- tions, and to require certain duties of Task Force on Defense Reform. REDUCTION OF PERSONNEL ASSIGNED TO OFFICE OF THE SECRETARY OF DEFENSE Pub. L. 104–201, div. A, title IX, § 903, Sept. 23, 1996, 110 Stat. 2617, which provided for phased reduction of num- ber of personnel assigned to or employed in functions in Office of the Secretary of Defense, was repealed and re- stated in section 143 of this title by Pub. L. 105–85, div. A, title IX, § 911(d)(1), (3), Nov. 18, 1997, 111 Stat. 1859, 1860. ORGANIZATION OF OFFICE OF THE SECRETARY OF DEFENSE Pub. L. 104–106, div. A, title IX, § 901, Feb. 10, 1996, 110 Stat. 399, as amended by Pub. L. 104–201, div. A, title IX, § 903(g), Sept. 23, 1996, 110 Stat. 2618, directed the Secretary of Defense to conduct a review of the organi- zations and functions of the Office of the Secretary of Defense and the personnel needed to carry out those functions, and to submit to the congressional defense committees a report containing fin

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 132

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 191 — Secretary of Defense: authority to provide for common performance of supply or service activities

**(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

10 U.S.C. § 4021 — Research projects: transactions other than contracts and grants

**(a) Additional Forms of Transactions Authorized.—** The Secretary of Defense and the Secretary of each military department may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) to use contracts, cooperative agreements, and grants in carrying out such projects. **(b) Exercise of Authority by Secretary of Defense.—** In any exercise of the authority in subsection (a), the Secretary of Defense shall act through the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or any other element of the Department of Defense that the Secretary may designate. **(c) Advance Payments.—** The authority provided under subsection (a) may be exercised without regard to [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim). **(d) Recovery of Funds.—** (1) A cooperative agreement for performance of basic, applied, or advanced research authorized by [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) and a transaction authorized by subsection (a) may include a clause that requires a person or other entity to make payments to the Department of Defense or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction. (2) The amount of any payment received by the Federal Government pursuant to a require

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4021

Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 4021. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4021 — Research projects: transactions other

Page 2620 TITLE 10—ARMED FORCES [§ 4015 (b) DEFENSE RESEARCH FACILITY DEFINED.—In this section, the term ‘‘Defense research facil- ity’’ has the meaning given that term by section 4125(b) of this title. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1841(d), Jan. 1, 2021, 134 Stat. 4243; Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(E), Dec. 27, 2021, 135 Stat. 2151; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(30), Dec. 22, 2023, 137 Stat. 685.) Editorial Notes CODIFICATION The section catchline and text of subsec. (a) of sec- tion 2364 of this title, which were transferred to this section by Pub. L. 116–283, § 1841(d)(1), were based on Pub. L. 99–661, div. A, title II, § 234(c)(1), Nov. 14, 1986, 100 Stat. 3848; Pub. L. 100–26, § 3(1)(A), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–180, div. A, title XII, § 1231(10)(B), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 114–92, div. A, title II, § 214(a)(1), (3), Nov. 25, 2015, 129 Stat. 767, 768; Pub. L. 115–91, div. A, title X, § 1081(a)(34), Dec. 12, 2017, 131 Stat. 1596. AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31 substituted ‘‘section 4125(b) of this title’’ for ‘‘section 4142(b) of this title’’. 2021—Pub. L. 116–283, § 1841(d)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(E), transferred section catchline and subsec. (a) of section 2364 of this title to this sec- tion. Subsec. (b). Pub. L. 116–283, § 1841(d)(2), added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. EFFECTIVE DATE Section and amendment by Pub. L.

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4021

Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 4021. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4501 — Exemption from disclosure

**(a) In general** Except as provided in subsection (b), any information or documentary material filed with the Secretary or the Secretary’s designee pursuant to this subchapter shall be exempt from disclosure under [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), and no such information or documentary material may be made public. **(b) Exceptions** Subsection (a) shall not prohibit the disclosure of the following, subject to appropriate confidentiality and classification requirements: (1) Information relevant to any administrative or judicial action or proceeding. (2) Information to Congress or any duly authorized committee or subcommittee of Congress. (3) Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements. (4) Identity of a covered foreign person in the public database described in [section 4585 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4585&num=0&edition=prelim). (5) Information that the parties have consented to be disclosed to third parties. (6) Information gathered by the Secretary or the Secretary’s designee where the disclosure is determined to be in the national security interest, which may include publication of anonymized data.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4501

Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 4501. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4501 — Short title

Page 1102 TITLE 50—WAR AND NATIONAL DEFENSE § 4501 Sec. 4558. Voluntary agreements and plans of action for preparedness programs and expansion of production capacity and supply. 4559. Public participation in rulemaking. 4560. Employment of personnel; appointment poli- cies; nucleus executive reserve; use of con- fidential information by employees; print- ing and distribution of reports. 4561. Authorization of appropriations; availability of funds. 4562. Territorial application of chapter. 4563. Separability. 4564. Termination of chapter. 4565. Authority to review certain mergers, acquisi- tions, and takeovers. 4566. Prohibition on purchase of United States de- fense contractors by entities controlled by foreign governments. 4567. Defense Production Act Committee. 4568. Annual report on impact of offsets. TERMINATION DATE For termination of certain provisions of this chapter, see section 4564(a) of this title. Editorial Notes CODIFICATION Act Sept. 8, 1950, ch. 932, 64 Stat. 798, comprising this chapter, was formerly set out in the Appendix to this title, prior to the elimination of the Appendix to this title and the editorial reclassification of the Act as this chapter. For disposition of sections of the former Ap- pendix to this title, see Table II, set out preceding sec- tion 1 of this title. Chapter is comprised of the portions of act Sept. 8, 1950, ch. 932, as amended, that had not previously been repealed when the Act was editorially reclassified as this chapter. As enacted, this Act contained titles I through VII. Titles II, IV, V, and VI of the Act were re- pealed by Pub. L. 111–67, § 2(a)(2), Sept. 30, 2009, 123 Stat. 2007. Titles I, III, and VII of the Act have been codified in this chapter to appear as subchapters I to

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4501

Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 4501. This identifies an authority to review, not proof of applicability.