10 U.S.C. § 131 (ARMED FORCES)
§ 131. Office of the Secretary of Defense
(a) There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carrying out the Secretary’s duties and responsibilities and to carry out such other duties as may be prescribed by law.
(b) The Office of the Secretary of Defense is composed of the following:
(1) The Deputy Secretary of Defense.
(2) The Under Secretaries of Defense, as follows:
(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
(B) The Under Secretary of Defense for Policy.
(C) The Under Secretary of Defense (Comptroller).
(D) The Under Secretary of Defense for Personnel and Readiness.
(E) The Under Secretary of Defense for Intelligence.
(3) The Deputy Chief Management Officer of the Department of Defense.
(4) Other officers who are appointed by the President, by and with the advice and consent of the Senate, and who report directly to the Secretary and Deputy Secretary without intervening authority, as follows:
(A) The Director of Cost Assessment and Program Evaluation.
(B) The Director of Operational Test and Evaluation.
(C) The General Counsel of the Department of Defense.
(D) The Inspector General of the Department of Defense.
(5) The Chief Information Officer of the Department of Defense, who reports directly to the Secretary and Deputy Secretary without intervening authority.
(6) The Principal Deputy Under Secretaries of Defense.
(7) The Assistant Secretaries of Defense.
(8) Other officials provided for by law, as follows:
(A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) of this title.
(B) The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation appointed pursuant to section 139b(a) 1 of this title.
(C) The Deputy Assistant Secretary of Defense for Systems Engineering appointed pursuant to section 139b(b) 1 of this title.
(D) The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy appointed pursuant to section 139c 1 of this title.
(E) The Director of Small Business Programs appointed pursuant to section 144 of this title.
(F) The official designated under section 1501(a) of this title to have responsibility for Department of Defense matters relating to missing persons as set forth in section 1501 of this title.
(G) The Director of Military Family Readiness Policy under section 1781 of this title.
(H) The Director of the Office of Corrosion Policy and Oversight assigned pursuant to section 2228(a) of this title.
(I) The official designated under section 2438(a) of this title to have responsibility for conducting and overseeing performance assessments and root cause analyses for major defense acquisition programs.
(9) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office.
(c) Officers of the armed forces may be assigned or detailed to permanent duty in the Office of the Secretary of Defense. However, the Secretary may not establish a military staff in the Office of the Secretary of Defense.
(d) The Secretary of each military department, and the civilian employees and members of the armed forces under the jurisdiction of the Secretary, shall cooperate fully with personnel of the Office of the Secretary of Defense to achieve efficient administration of the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense.
(Added Pub. L. 99–433, title I, § 104, Oct. 1, 1986, 100 Stat. 996; amended Pub. L. 103–160, div. A, title IX, § 906(a), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 103–337, div. A, title IX, § 903(b)(1), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 104–106, div. A, title IX, § 903(e)(1), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 106–65, div. A, title IX, § 911(d)(1), Oct. 5, 1999, 113 Stat. 719; Pub. L. 107–314, div. A, title IX, § 901(b)(1), Dec. 2, 2002, 116 Stat. 2619; Pub. L. 110–181, div. A, title IX, § 904(a)(4), Jan. 28, 2008, 122 Stat. 274; Pub. L. 110–417, [div. A], title X, § 1061(b)(7), Oct. 14, 2008, 122 Stat. 4613; Pub. L. 111–383, div. A, title IX, § 901(b)(2), (m)(1), Jan. 7, 2011, 124 Stat. 4317, 4326; Pub. L. 113–291, div. A, title IX, § 901(a)(2), (b)(2), (j)(1)(A), (k)(1), (n)(1), Dec. 19, 2014, 128 Stat. 3463, 3467, 3469; Pub. L. 114–328, div. A, title IX, §§ 901(d), (f), 902(b), 933(a)(3), Dec. 23, 2016, 130 Stat. 2342, 2344, 2364.)
heading: Reference in Subsection (b)(3)
text: Pub. L. 113–291, div. A, title IX, § 901(n)(1), Dec. 19, 2014, 128 Stat. 3469, provided that, effective after Feb. 1, 2017, any reference to the Deputy Chief Management Officer of the Department of Defense shall be deemed to refer to the Under Secretary of Defense for Business Management and Information. See Change of Name note below.
heading: Amendment of Subsection (b)
text: Pub. L. 114–328, div. A, title IX, § 901(f), Dec. 23, 2016, 130 Stat. 2342, provided that, effective on Feb. 1, 2018, subsection (b)(2) of this section is amended as follows:
(1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and
(2) by striking subparagraph (A) and inserting the following new subparagraphs:
“(A) The Under Secretary of Defense for Research and Engineering.
“(B) The Under Secretary of Defense for Acquisition and Sustainment.”
See 2016 Amendment note below.
Pub. L. 113–291, div. A, title IX, § 901(j)(1)(A), Dec. 19, 2014, 128 Stat. 3467, provided that, effective on the effective date specified in section 901(a)(1) of Pub. L. 113–291 [see section 901(j)(1) of Pub. L. 113–291, set out as an Effective Date of 2014 Amendment note below], subsection (b) of this section is amended by—
(1) striking paragraph (5); and
(2) redesignating paragraphs (6), (7), (8), and (9) as paragraphs (5), (6), (7), and (8), respectively.
See 2014 Amendment note below.
heading: References in Text
text: Section 139b(a) of this title, referred to in subsec. (b)(8)(B) and (C), and section 139c of this title, referred to in subsec. (b)(8)(D), were repealed by Pub. L. 114–328, div. A, title IX, § 901(e)(2), Dec. 23, 2016, 130 Stat. 2342. A subsequent section 139b of this title, added by Pub. L. 114–328, div. A, title IX, § 922(b)(1), Dec. 23, 2016, 130 Stat. 2355, relates to Special Operations Policy and Oversight Council.
heading: Prior Provisions
text: A prior section 131 was renumbered section 111 of this title.
heading: Amendments
text: 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), which directed the amendment of “section 151(b)(5)” of this title by inserting “, who reports directly to the Secretary and Deputy Secretary without intervening authority” before period at end, was executed by making the insertion in subsec. (b)(5) of this section, to reflect the probable intent of Congress. Section 151 of this title does not contain a subsec. (b)(5), and section 902 of Pub. L. 114–328 relates generally to responsibilities and reporting of the Chief Information Officer of the Department of Defense.
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 not executed to reflect the probable intent of Congress and the purported amendment of subsec. (b)(5) by Pub. L. 114–328, § 902(b). See 2016 Amendment note above. Section 901(a)(1) of Pub. L. 113–291, which provided the effective date of Feb. 1, 2017, to which this amendment was tied, was also repealed by Pub. L. 114–328.
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), redesignated par. (9) as (8).
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), redesignated par. (9) as (8).
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.”
heading: Change of Name
text: Reference to “Deputy Chief Management Officer of the Department of Defense” in subsec. (b)(3) deemed to refer to “Under Secretary of Defense for Business Management and Information” after Feb. 1, 2017, pursuant to section 901(n)(1) of Pub. L. 113–291, set out as a note under this section. Section 901(a)(1) of Pub. L. 113–291, which amended section 132a of this title, effective Feb. 1, 2017, to establish the Under Secretary of Defense for Business Management and Information, was repealed by Pub. L. 114–328, div. A, title IX, § 901(d), Dec. 23, 2016, 130 Stat. 2342, effective Dec. 23, 2016.
heading: Effective Date of 2016 Amendment
text: Pub. L. 114–328, div. A, title IX, § 901(f), Dec. 23, 2016, 130 Stat. 2342, provided that the amendment made by section 901(f) is effective on Feb. 1, 2018.
heading: Effective Date of 2014 Amendment
text: 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) is effective on the effective date specified in 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, provided that the amendment made by section 901(j)(1)(A) is effective on the effective date specified in section 901(a)(1) of Pub. L. 113–291, which was Feb. 1, 2017, prior to repeal by Pub. L. 114–328, div. A, title IX, § 901(d), Dec. 23, 2016, 130 Stat. 2342.
heading: Effective Date of 2011 Amendment
text: 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].”
heading: Effective Date of 2008 Amendment
text: Amendment by Pub. L. 110–417 effective Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted, see section 1061(b) of Pub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.
heading: Effective Date of 1996 Amendment
text: 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.
heading: Chief Management Officer
text: Pub. L. 114–328, div. A, title IX, § 901(c)(1)–(3), Dec. 23, 2016, 130 Stat. 2341, provided that:
“(1) In general.—
Effective on February 1, 2018, there is a Chief Management Officer of the Department of Defense.
“(2) Appointment.—
The Chief Management Officer shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with managing large or complex organizations. A person may not be appointed as Chief Management Officer within seven years after relief from active duty as a commissioned officer of a regular component of an Armed Force.
“(3) Duties and powers.—
Subject to the authority, direction, and control of the Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers as the Secretary may prescribe, including—
“(A) serving as the chief management officer of the Department of Defense with the mission of managing the business operations of the Department;
“(B) establishing policies on, and supervising, all business operations of the Department, including business transformation, business planning and processes, performance management, and business information technology management and improvement activities and programs, including the allocation of resources for business operations, and unifying business management efforts across the Department;
“(C) serving as the principal advisor to the Secretary on all business operations activities and programs in the Department; and
“(D) the authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Management Officer has responsibility.”
heading: Secretary of Defense Delivery Unit
text: 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.”
heading: References
text: Pub. L. 113–291, div. A, title IX, § 901(n), Dec. 19, 2014, 128 Stat. 3469, provided that:
“(1) DCMO.—
After February 1, 2017, any reference to the Deputy Chief Management Officer of the Department of Defense in any provision of law or in any rule, regulation, or other record, document, or paper of the United States shall be deemed to refer to the Under Secretary of Defense for Business Management and Information.
“(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.”
[Section 901(a)(1) of Pub. L. 113–291 amended section 132a of this title, effective Feb. 1, 2017, to establish the Under Secretary of Defense for Business Management and Information, as referred to in subsec. (n)(1) of Pub. L. 113–291, set out above. Section 901(a) of Pub. L. 113–291 was repealed by Pub. L. 114–328, div. A, title IX, § 901(d), Dec. 23, 2016, 130 Stat. 2342, effective Dec. 23, 2016.]
heading: Redesignation of Certain Positions in Office of Secretary of Defense
text: 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.”
heading: Inapplicability of Appointment Requirement to Certain Individuals Serving on Effective Date
text: 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.”
heading: Defense Acquisition Workforce
text: 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.
heading: Reduction of Personnel Assigned to Office of the Secretary of Defense
text: 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.
heading: Organization of Office of the Secretary of Defense
text: 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.