(1)The Secretary of Defense shall assign responsibility for the overall supervision of each Defense Agency and Department of Defense Field Activity designated 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 Secretary of Defense on the extent to which the program recommendations and budget proposals of such agency or activity conform with the requirements of the military departments and of the unified and specified combatant commands.
(3)This subsection does not apply to the Defense Intelligence Agency or the National Security Agency.
(b) Program and Budget Review.— The Secretary of Defense shall establish procedures to ensure that there is full and effective review of the program recommendations and budget proposals of each Defense Agency and Department of Defense Field Activity.
(c) Periodic Review.—
(1)Periodically (and not less often than every two years), the Secretary of Defense shall review the services and supplies provided by each Defense Agency and Department of Defense Field Activity to ensure that—
(A)there is a continuing need for each such agency and activity; and
(B)the provision of those services and supplies by each such agency and activity, rather than by the military departments, is a more effective, economical, or efficient manner of providing those services and supplies or of meeting the requirements for combat readiness of the armed forces.
(2)Paragraph (1) shall apply to the National Security Agency as determined appropriate by the Secretary, in consultation with the Director of National Intelligence. The Secretary shall establish procedures under which information required for review of the National Security Agency shall be obtained.
(d) Special Rule for Defense Commissary Agency.— Notwithstanding the results of any periodic review under subsection (c) with regard to the Defense Commissary Agency, the Secretary of Defense may not transfer to the Secretary of a military department the responsibility to manage and fund the provision of services and supplies provided by the Defense Commissary Agency unless the transfer of the management and funding responsibility is specifically authorized by a law enacted after October 17, 1998.
(e) Special Rule for Defense Business Transformation Agency.—
(1)The Defense Business Transformation Agency shall be supervised by the vice chairman of the Defense Business System Management Committee.
(2)Notwithstanding the results of any periodic review under subsection (c) with regard to the Defense Business Transformation Agency, the Secretary of Defense shall designate that the Director of the Agency shall report directly to the Deputy Chief Management Officer of the Department of Defense.
A prior section
192,Pub. L. 98–215, title V, § 501(a),Dec. 9, 1983, 97 Stat. 1478, which related to benefits for certain personnel of the Defense Intelligence Agency, was redesignated as section
1605 of this title and amended by Pub. L. 99–145, title XIII, § 1302(a)(1),Nov. 8, 1985, 99 Stat. 737. Provisions of prior section
192 as related to members of the armed forces were enacted as section
431 (now 492) of Title 37, Pay and Allowances of the Uniformed Services, by section 1302(b)(1) ofPub. L. 99–145.
2008—Subsec. (c)(2). Pub. L. 110–181, § 931(a)(1), substituted “Director of National Intelligence” for “Director of Central Intelligence”.
Subsec. (e)(2). Pub. L. 110–181, § 904(c), substituted “that the Director of the Agency shall report directly to the Deputy Chief Management Officer of the Department of Defense.” for “that the Agency be managed cooperatively by the Deputy Under Secretary of Defense for Business Transformation and the Deputy Under Secretary of Defense for Financial Management.”
First Review of Defense Agencies by Secretary of Defense
Pub. L. 99–433, title III, § 304(a),Oct. 1, 1986, 100 Stat. 1024, required the first review under subsec. (c) of this section to be completed not later than two years after the date that the report under Pub. L. 99–433, § 303(e), formerly set out as a note under section
191 of this title, was required to be submitted to Congress (Oct. 1, 1987).
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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