Browse Arkansas Code titles and sections
10 U.S.C. § 191 — Secretary of Defense: authority to provide
Federal law — U.S. Code and appendices · legal_authorities
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
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
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
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