Editorial Notes
Amendments
2021—Subsec. (b)(2). Pub. L. 116–283, § 901(a)(2)(A), struck out par. (2) which read as follows: “The Chief Management Officer of the Department of Defense.”
Subsec. (b)(8)(F). Pub. L. 116–283, § 1847(e)(6)(A), substituted “section 4273(a)” for “section 2438(a)”.
2019—Subsec. (b)(3)(F). Pub. L. 116–92, § 1621(e)(1)(A)(i), substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”.
Subsec. (b)(8)(F), (I). Pub. L. 116–92, § 1731(a)(7), redesignated subpar. (I) as (F).
2018—Subsec. (b)(4) to (9). Pub. L. 115–232, § 1081(f)(1)(B), redesignated pars. (5) to (10) as (4) to (9), respectively, and struck out former par. (4) which read as follows: “The Deputy Chief Management Officer of the Department of Defense.”
Subsec. (b)(9)(B) to (H). Pub. L. 115–232, § 1081(a)(3), redesignated subpars. (E) to (H) as (B) to (E), respectively, and struck out former subpars. (B) to (D) which read as follows:
“(B) The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation appointed pursuant to section 139b(a) of this title.
“(C) The Deputy Assistant Secretary of Defense for Systems Engineering appointed pursuant to section 139b(b) of this title.
“(D) The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy appointed pursuant to section 139c of this title.”
Subsec. (b)(10). Pub. L. 115–232, § 1081(f)(1)(B), redesignated par. (10) as (9).
2017—Subsec. (b). Pub. L. 115–91, § 1081(b)(1)(A), repealed Pub. L. 113–291, § 901(j)(1)(A). See 2014 Amendment notes below.
Subsec. (b)(2) to (4). Pub. L. 115–91, § 910(c)(1), added par. (2) and redesignated pars. (2) to (4) as (3) to (5), respectively.
Subsec. (b)(5). Pub. L. 115–91, § 1081(d)(9), made technical correction to directory language of Pub. L. 114–328, § 902(b). See 2016 Amendment note below.
Pub. L. 115–91, § 910(c)(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (b)(6). Pub. L. 115–91, § 910(c)(1)(A), redesignated par. (5) as (6). Former par. (6) redesignated (7).
Pub. L. 115–91, § 906(d)(1), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The Principal Deputy Under Secretaries of Defense.”
Subsec. (b)(7) to (10). Pub. L. 115–91, § 910(c)(1)(A), redesignated pars. (6) to (9) as (7) to (10), respectively.
2016—Subsec. (b)(2). Pub. L. 114–328, § 901(f), added subpars. (A) and (B), redesignated former subpars. (B) to (E) as (C) to (F), respectively, and struck out former subpar. (A), which read as follows: “The Under Secretary of Defense for Acquisition, Technology, and Logistics.”
Pub. L. 114–328, § 901(d), repealed Pub. L. 113–291, § 901(a)(2). See 2014 Amendment note below.
Subsec. (b)(5). Pub. L. 114–328, § 902(b), as amended by Pub. L. 115–91, § 1081(d)(9), inserted “, who reports directly to the Secretary and Deputy Secretary without intervening authority” before period at end.
Subsec. (b)(8)(G). Pub. L. 114–328, § 933(a)(3), substituted “Director of Military Family Readiness Policy” for “Director of Family Policy”.
2014—Subsec. (b)(2). Pub. L. 113–291, § 901(a)(2), which directed adding subpar. (A) reading “The Under Secretary of Defense for Business Management and Information.” and redesignating former subpars. (A) to (E) as (B) to (F), respectively, was repealed by Pub. L. 114–328, § 901(d).
Subsec. (b)(5) to (7). Pub. L. 113–291, § 901(j)(1)(A), which directed striking out par. (5) and redesignating pars. (6) to (8) as (5) to (7), respectively, was repealed by Pub. L. 115–91, § 1081(b)(1)(A).
Pub. L. 113–291, § 901(b)(2), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8).
Subsec. (b)(8). Pub. L. 113–291, § 901(j)(1)(A)(ii), which directed redesignating par. (9) as (8), was repealed by Pub. L. 115–91, § 1081(b)(1)(A).
Pub. L. 113–291, § 901(k)(1), added subpar. (A) and redesignated former subpars. (A) to (H) as (B) to (I), respectively.
Pub. L. 113–291, § 901(b)(2)(A), redesignated par. (7) as (8). Former par. (8) redesignated (9).
Subsec. (b)(9). Pub. L. 113–291, § 901(j)(1)(A)(ii), which directed redesignating par. (9) as (8), was repealed by Pub. L. 115–91, § 1081(b)(1)(A).
Pub. L. 113–291, § 901(b)(2)(A), redesignated par. (8) as (9).
2011—Subsec. (a). Pub. L. 111–383, § 901(m)(1), substituted “the Secretary’s” for “his”.
Subsec. (b). Pub. L. 111–383, § 901(b)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to the composition of the Office of the Secretary of Defense.
2008—Subsec. (b)(3) to (9). Pub. L. 110–181, as amended by Pub. L. 110–417, added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively.
2002—Subsec. (b)(2) to (11). Pub. L. 107–314 added par. (2), redesignated pars. (6) to (11) as (3) to (8), respectively, and struck out former pars. (2) to (5) which read as follows:
“(2) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
“(3) The Under Secretary of Defense for Policy.
“(4) The Under Secretary of Defense (Comptroller).
“(5) The Under Secretary of Defense for Personnel and Readiness.”
1999—Subsec. (b)(2). Pub. L. 106–65 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.
1996—Subsec. (b)(6) to (11). Pub. L. 104–106, § 903(a), (e)(1), which directed amendment of subsec. (b), eff. Jan. 31, 1997, by striking out pars. (6) and (8) and redesignating pars. (7), (9), (10), and (11) as (6), (7), (8), and (9), respectively, was repealed by Pub. L. 104–201.
1994—Subsec. (b)(4). Pub. L. 103–337 substituted “Under Secretary of Defense (Comptroller)” for “Comptroller”.
1993—Subsec. (b). Pub. L. 103–160 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Office of the Secretary of Defense is composed of the following:
“(1) The Deputy Secretary of Defense.
“(2) The Under Secretary of Defense for Acquisition.
“(3) The Under Secretary of Defense for Policy.
“(4) The Director of Defense Research and Engineering.
“(5) The Assistant Secretaries of Defense.
“(6) The Comptroller of the Department of Defense.
“(7) The Director of Operational Test and Evaluation.
“(8) The General Counsel of the Department of Defense.
“(9) The Inspector General of the Department of Defense.
“(10) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office.”
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 116–283, div. A, title IX, § 901(a)(4), Jan. 1, 2021, 134 Stat. 3794, provided that:
“The repeals and amendments made by this subsection [amending this section and repealing
section 132a of this title and provisions set out as notes preceding this section and under this section, sections 132 and 132a of this title, and
section 5313 of Title 5, Government Organization and Employees] shall take effect on the date of the enactment of this Act [
Jan. 1, 2021].”
Amendment by section 1847(e)(6)(A) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Effective Date of 2017 Amendment
Pub. L. 115–91, div. A, title IX, § 910(c), Dec. 12, 2017, 131 Stat. 1518, which provided that the amendment made by section 910(c)(1) was effective on Feb. 1, 2018, and immediately after the coming into effect of the amendments made by section 901 of Pub. L. 114–328, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794.
Pub. L. 115–91, div. A, title X, § 1081(b)(1), Dec. 12, 2017, 131 Stat. 1597, provided that the amendment made by section 1081(b)(1)(A), (D) is effective as of Dec. 23, 2016.
Pub. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(9) is effective as of Dec. 23, 2016, and as if included in Pub. L. 114–328 as enacted.
Effective Date of 2014 Amendment
Pub. L. 113–291, div. A, title IX, § 901(a)(2), Dec. 19, 2014, 128 Stat. 3463, which provided that the amendment made by section 901(a)(2) was effective on the effective date specified in former section 901(a)(1) of Pub. L. 113–291, which was Feb. 1, 2017, was repealed by Pub. L. 114–328, div. A, title IX, § 901(d), Dec. 23, 2016, 130 Stat. 2342.
Pub. L. 113–291, div. A, title IX, § 901(j)(1), Dec. 19, 2014, 128 Stat. 3467, which provided that the amendment made by section 901(j)(1)(A) was effective on the effective date specified in former section 901(a)(1) of Pub. L. 113–291, which was Feb. 1, 2017, was repealed by Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597.
Effective Date of 2011 Amendment
Pub. L. 111–383, div. A, title IX, § 901(p), Jan. 7, 2011, 124 Stat. 4327, provided that:
“(1) In general.—
Except as provided in paragraph (2), this section [see Tables for classification] and the amendments made by this section shall take effect on January 1, 2011.
“(2) Certain matters.—
Subsection (i) [enacting and amending provisions set out as notes under
section 137a of this title] and the amendments made by that subsection, and subsection (o) [enacting provisions set out as a note under this section], shall take effect on the date of the enactment of this Act [
Jan. 7, 2011].”
Effective Date of 1996 Amendment
Pub. L. 104–106, div. A, title IX, § 903(a), Feb. 10, 1996, 110 Stat. 401, which provided that the amendments made by section 903 of Pub. L. 104–106 (amending this section and sections 138, 176, 1056, 1216, 1587, and 10201 of this title, repealing sections 133a, 134a, 137, and 142 of this title, and amending provisions set out as a note under section 167 of this title) were to take effect on Jan. 31, 1997, was repealed by Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617.
Responsibilities for National Mobilization; Personnel Requirements
Pub. L. 117–81, div. A, title X, § 1089, Dec. 27, 2021, 135 Stat. 1925, provided that:
“(a) Executive Agent for National Mobilization.—The Secretary of Defense shall designate a senior civilian official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for—
“(1)
developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers to other persons inducted into the Armed Forces under the
Military Selective Service Act (
50 U.S.C. 3801 et seq.);
“(2)
providing
Congress and the
Selective Service System with updated requirements and timelines for obtaining inductees in the event of a national emergency requiring mass mobilization and induction of personnel under the
Military Selective Service Act for training and service in the Armed Forces; and
“(3)
providing Congress with a plan, developed in coordination with the Selective Service System, to induct large numbers of volunteers who may respond to a national call for volunteers during an emergency.
“(b) Report Required.—
Not later than one year after the date of the enactment of this Act [
Dec. 27, 2021], the
Secretary of Defense shall submit to
Congress a plan for obtaining inductees as part of a mobilization timeline for the
Selective Service System. The plan shall include a description of resources, locations, and capabilities of the Armed Forces required to train, equip, and integrate personnel inducted into the Armed Forces under the
Military Selective Service Act into the total force, addressing scenarios that would include 300,000, 600,000, and 1,000,000 new volunteer and other personnel inducted into the Armed Forces under the
Military Selective Service Act. The plan may be provided in classified form.”
Oversight of Registered Sex Offender Management Program
Pub. L. 115–232, div. A, title V, § 544, Aug. 13, 2018, 132 Stat. 1763, provided that:
“(a) Designation of Official or Entity.—
The Secretary of Defense shall designate a single official or existing entity within the Office of the Secretary of Defense to serve as the official or entity (as the case may be) with principal responsibility in the Department of Defense for providing oversight of the registered sex offender management program of the Department.
“(b) Duties.—The official or entity designated under subsection (a) shall—
“(1)
monitor compliance with Department of Defense Instruction 5525.20 and other relevant polices;
“(2)
compile data on members serving in the military departments who have been convicted of a qualifying sex offense, including data on the sex offender registration status of each such member;
“(3)
maintain statistics on the total number of active duty service members in each military department who are required to register as sex offenders; and
“(4)
perform such other duties as the Secretary of Defense determines to be appropriate.
“(c) Briefing Required.—Not later than June 1, 2019, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives a briefing on—
“(1)
the compliance of the military departments with the policies of the Department of Defense relating to registered sex offenders;
“(2)
the results of the data compilation described in subsection (b)(2); and
“(3)
any other matters the Secretary determines to be appropriate.
“(d) Military Departments Defined.—
In this section, the term ‘military departments’ has the meaning given that term in
section 101(a)(8) of title 10, United States Code.”
Framework for Oversight of Countering Weapons of Mass Destruction Policy, Programs, and Activities
Pub. L. 115–232, div. A, title X, § 1082(b), (c), Aug. 13, 2018, 132 Stat. 1988, provided that:
“(b) Oversight Plan.—
Not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to streamline the oversight framework of the Office of the Secretary of Defense, including any efficiencies and the potential to reduce, realign, or otherwise restructure current Assistant Secretary and Deputy Assistant Secretary positions with responsibilities for overseeing countering weapons of mass destruction policy, programs, and activities.
“(c) Directive.—
Not later than 90 days after the submission of the oversight plan under subsection (b), the Secretary of Defense shall issue a directive for the implementation of the oversight plan by the Countering Weapons of Mass Destruction-Unity of Effort Council.”
Designation of Office Within Office of the Secretary of Defense To Oversee Use of Food Assistance Programs by Members of the Armed Forces on Active Duty
Pub. L. 115–91, div. A, title V, § 583, Dec. 12, 2017, 131 Stat. 1416, provided that:
“Not later than 90 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall designate an office or official within the Office of the Secretary of Defense for purposes as follows:
“(1)
To discharge responsibility for overseeing the efforts of the Department of Defense to collect, analyze, and monitor data on the use of food assistance programs by members of the Armed Forces on active duty.
“(2)
To establish and maintain relationships with other departments and agencies of the Federal Government to facilitate the discharge of the responsibility specified in paragraph (1).”
Chief Management Officer
Pub. L. 114–328, div. A, title IX, § 901(c)(1)–(3), Dec. 23, 2016, 130 Stat. 2341, which established the position of Chief Management Officer of the Department of Defense, effective Feb. 1, 2018, was repealed by Pub. L. 115–91, div. A, title IX, § 910(b)(1), Dec. 12, 2017, 131 Stat. 1517.
Secretary of Defense Delivery Unit
Pub. L. 114–328, div. A, title IX, § 913, Dec. 23, 2016, 130 Stat. 2349, provided that:
“(a) In General.—
The Secretary of Defense serving in that position as of March 1, 2017, may establish within the Office of the Secretary of Defense a unit of personnel that shall be responsible for providing expertise and support throughout the Department of Defense in an effort to improve the implementation of policies and priorities across the Department. The unit may be known as the ‘delivery unit’.
“(b) Composition.—
The unit established pursuant to subsection (a) shall consist of not more than 30 individuals selected by the Secretary primarily from among individuals outside the Government who have significant experience and expertise in management consulting, organizational architecture, relationship management, or data analytics.
“(c) Duties.—The unit established pursuant to subsection (a) shall have the duties as follows:
“(1)
To advise the Secretary on improving the implementation and delivery of policies and priorities of the Department, including making recommendations on establishing performance or implementation targets, assisting in the development of delivery plans to achieve targets, and monitoring and measuring progress.
“(2)
To work across organizations, missions, and functions of the Department in order to identify obstacles to improving the implementation of policies and priorities of the Department, including organization, culture, and incentives, and to recommend options to the Secretary for addressing such obstacles.
“(d) Sunset.—
The unit established pursuant to subsection (a) shall sunset on January 31, 2021.”
References
Pub. L. 113–291, div. A, title IX, § 901(n), Dec. 19, 2014, 128 Stat. 3469, as amended by Pub. L. 115–91, div. A, title X, § 1081(b)(1)(D), Dec. 12, 2017, 131 Stat. 1597, provided that:
“(2) ASDEIE.—
Any reference to the Assistant Secretary of Defense for Operational Energy Plans and Programs or to the Deputy Under Secretary of Defense for Installations and Environment in any provision of law or in any rule, regulation, or other paper of the United States shall be deemed to refer to the Assistant Secretary of Defense for Energy, Installations, and Environment.”
Redesignation of Certain Positions in Office of Secretary of Defense
Pub. L. 111–383, div. A, title IX, § 901(a), Jan. 7, 2011, 124 Stat. 4317, provided that:
“(1) Redesignation.—Positions in the Office of the Secretary of Defense are hereby redesignated as follows:
“(A)
The Director of Defense Research and Engineering is redesignated as the Assistant Secretary of Defense for Research and Engineering.
“(B)
The Director of Operational Energy Plans and Programs is redesignated as the Assistant Secretary of Defense for Operational Energy Plans and Programs [now Assistant Secretary of Defense for Energy, Installations, and Environment].
“(C)
The Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs is redesignated as the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.
“(2) References.—
Any reference in any law, rule, regulation, paper, or other record of the United States to an office of the Department of Defense redesignated by paragraph (1) shall be deemed to be a reference to such office as so redesignated.”
Inapplicability of Appointment Requirement to Certain Individuals Serving on Effective Date
Pub. L. 111–383, div. A, title IX, § 901(o), Jan. 7, 2011, 124 Stat. 4327, provided that:
“(1) In general.—
Notwithstanding this section [see Tables for classification] and the amendments made by this section, the individual serving as specified in paragraph (2) on December 31, 2010, may continue to serve in the applicable position specified in that paragraph after that date without the requirement for appointment by the President, by and with the advice and consent of the Senate.
“(2) Covered individuals and positions.—The individuals and positions specified in this paragraph are the following:
“(A)
In the case of the individual serving as Director of Defense Research and Engineering, the position of Assistant Secretary of Defense for Research and Engineering.
“(B)
In the case of the individual serving as Director of Operational Energy Plans and Programs, the position of Assistant Secretary of Defense for Operational Energy Plans and Programs.
“(C)
In the case of the individual serving as Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, the position 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 personnel positions, to report on specific acquisition positions previously eliminated, to submit an implementation plan to streamline and improve acquisition organizations, to review acquisition organizations and functions, 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 number of personnel assigned to or employed in functions in Office of the Secretary of Defense, was repealed and restated 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 organizations 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 findings, conclusions, and a plan for implementing recommendations not later than Mar. 1, 1996.
Pub. L. 99–433, title I, § 109, Oct. 1, 1986, 100 Stat. 999, directed the Secretary of Defense, the Secretaries of the military departments, and the Chairman of the Joint Chiefs of Staff to conduct studies of the functions and organization of the Office of the Secretary of Defense, required the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff to submit reports on their studies to the Secretary of Defense, and directed the Secretary of Defense to submit a report on the Secretary’s study to Congress not later than one year after Oct. 1, 1986.
