
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 901(a)(2)]
[CITE: 10USC131]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
              CHAPTER 4--OFFICE OF THE SECRETARY OF DEFENSE
 
Sec. 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 his 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 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.
        (6) The Director of Defense Research and Engineering.
        (7) The Assistant Secretaries of Defense.
        (8) The Director of Operational Test and Evaluation.
        (9) The General Counsel of the Department of Defense.
        (10) The Inspector General of the Department of Defense.
        (11) 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, Sec. 104, Oct. 1, 1986, 100 Stat. 996; 
amended Pub. L. 103-160, div. A, title IX, Sec. 906(a), Nov. 30, 1993, 
107 Stat. 1729; Pub. L. 103-337, div. A, title IX, Sec. 903(b)(1), Oct. 
5, 1994, 108 Stat. 2823; Pub. L. 104-106, div. A, title IX, 
Sec. 903(e)(1), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104-201, div. A, 
title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 106-65, div. 
A, title IX, Sec. 911(d)(1), Oct. 5, 1999, 113 Stat. 719.)


                            Prior Provisions

    A prior section 131 was renumbered section 111 of this title.


                               Amendments

    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, Sec. 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.''


                    Effective Date of 1996 Amendment

    Section 903(a) of Pub. L. 104-106, 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, Sec. 901, Sept. 23, 1996, 110 Stat. 2617.


                      Defense Acquisition Workforce

    Pub. L. 105-85, div. A, title IX, Sec. 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

    Section 903 of Pub. L. 104-201, 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, Sec. 911(d)(1), (3), 
Nov. 18, 1997, 111 Stat. 1859, 1860.


           Organization of Office of the Secretary of Defense

    Section 901 of Pub. L. 104-106, as amended by Pub. L. 104-201, div. 
A, title IX, Sec. 903(g), Sept. 23, 1996, 110 Stat. 2618, provided that:
    ``(a) Findings.--Congress makes the following findings:
        ``(1) The statutory provisions that as of the date of the 
    enactment of this Act [Feb. 10, 1996] govern the organization of the 
    Office of the Secretary of Defense have evolved from enactment of a 
    number of executive branch legislative proposals and congressional 
    initiatives over a period of years.
        ``(2) The May 1995 report of the congressionally mandated 
    Commission on Roles and Missions of the Armed Forces included a 
    number of recommendations relating to the Office of the Secretary of 
    Defense.
        ``(3) The Secretary of Defense has decided to create a special 
    Department task force and to conduct other reviews to review many of 
    the Commission's recommendations.
        ``(4) The Secretary of Defense has decided to institute a 5 
    percent per year reduction of civilian personnel assigned to the 
    Office of the Secretary of Defense, including the Washington 
    Headquarters Service and the Defense Support Activities, for the 
    period from fiscal year 1996 through fiscal year 2001.
        ``(5) Over the ten-year period from 1986 through 1995, defense 
    spending in real dollars has been reduced by 34 percent and military 
    end-strengths have been reduced by 28 percent. During the same 
    period, the number of civilian employees of the Office of the 
    Secretary of Defense has increased by 22 percent.
        ``(6) To achieve greater efficiency and to revalidate the role 
    and mission of the Office of the Secretary of Defense, a 
    comprehensive review of the organizations and functions of that 
    Office and of the personnel needed to carry out those functions is 
    required.
    ``(b) Review.--The Secretary of Defense shall conduct a further 
review of the organizations and functions of the Office of the Secretary 
of Defense, including the Washington Headquarters Service and the 
Defense Support Activities, and the personnel needed to carry out those 
functions. The review shall include the following:
        ``(1) An assessment of the appropriate functions of the Office 
    and whether the Office of the Secretary of Defense or some of its 
    component parts should be organized along mission lines.
        ``(2) An assessment of the adequacy of the present 
    organizational structure to efficiently and effectively support the 
    Secretary in carrying out his responsibilities in a manner that 
    ensures civilian authority in the Department of Defense.
        ``(3) An assessment of the advantages and disadvantages of the 
    use of political appointees to fill the positions of the various 
    Under Secretaries of Defense, Assistant Secretaries of Defense, and 
    Deputy Under Secretaries of Defense.
        ``(4) An assessment of the extent of unnecessary duplication of 
    functions between the Office of the Secretary of Defense and the 
    Joint Staff.
        ``(5) An assessment of the extent of unnecessary duplication of 
    functions between the Office of the Secretary of Defense and the 
    military departments.
        ``(6) An assessment of the appropriate number of positions 
    referred to in paragraph (3) and of Deputy Assistant Secretaries of 
    Defense.
        ``(7) An assessment of whether some or any of the functions 
    currently performed by the Office of Humanitarian and Refugee 
    Affairs are more properly or effectively performed by another agency 
    of Government or elsewhere within the Department of Defense.
        ``(8) An assessment of the efficacy of the Joint Requirements 
    Oversight Council and whether it is advisable or necessary to 
    establish a statutory charter for this organization.
        ``(9) An assessment of any benefits or efficiencies derived from 
    decentralizing certain functions currently performed by the Office 
    of the Secretary of Defense.
        ``(10) An assessment of the appropriate size, number, and 
    functional responsibilities of the Defense Agencies and other 
    Department of Defense support organizations.
    ``(c) Report.--Not later than March 1, 1996, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing--
        ``(1) his findings and conclusions resulting from the review 
    under subsection (b); and
        ``(2) a plan for implementing resulting recommendations, 
    including proposals for legislation (with supporting rationale) that 
    would be required as a result of the review.''


        Management Studies of Office of the Secretary of Defense

    Section 109 of Pub. L. 99-433 provided that:
    ``(a) Secretary of Defense Study.--The Secretary of Defense shall 
conduct a study of the functions and organization of the Office of the 
Secretary of Defense. The study shall consider whether the present 
allocation of functions to, and the organizational structure of, the 
Office constitute the most effective, efficient, and economical 
allocation and structure of the Office to assist the Secretary in 
carrying out his duties and responsibilities. The study shall include 
consideration of each of the matters specified in subsection (d).
    ``(b) Service Secretaries Joint Study.--(1) The Secretaries of the 
military departments shall conduct a joint study of the functions and 
organization of the Office of the Secretary of Defense. The study shall 
be conducted independently of the study conducted by the Secretary of 
Defense under subsection (a). The Secretaries shall submit a joint 
report to the Secretary of Defense on such study at a time specified by 
the Secretary. Except as provided in paragraph (2), the report shall 
include a discussion of and recommendations concerning each of the 
matters specified in subsection (d).
    ``(2) The Secretary of Defense shall determine the extent to which, 
and prescribe the procedures under which, the Secretaries of the 
military departments shall study the matters specified in subsection 
(d)(1)(A) relating to contingency planning and military operations.
    ``(c) Chairman of JCS Study.--The Chairman of the Joint Chiefs of 
Staff shall conduct a study of the functions and organization of the 
Office of the Secretary of Defense. The study shall be conducted 
independently of the study conducted by the Secretary of Defense under 
subsection (a). The Chairman shall submit a report to the Secretary of 
Defense on such study at a time specified by the Secretary. The report 
shall include a discussion of and recommendations concerning the matters 
specified in paragraphs (1)(C), (1)(D), (2), (3), (5), and (6) of 
subsection (d).
    ``(d) Matters To Be Included.--The study required by subsection (a) 
shall include consideration of the following:
        ``(1) Whether the present organization of the Office--
            ``(A) is optimally structured to assist the Secretary of 
        Defense in the effective exercise of civilian control of the 
        Department of Defense, including civilian control of--
                ``(i) defense policy development and strategic planning;
                ``(ii) program and budget development;
                ``(iii) policy, program, and budget execution;
                ``(iv) contingency planning; and
                ``(v) military operations;
            ``(B) is the most effective and efficient organization for 
        the initiation, development, and articulation of defense policy;
            ``(C) ensures that strategic planning and contingency 
        planning are linked to, and derived from, national security 
        strategy, policies, and objectives; and
            ``(D) inhibits integration of the capabilities of the Armed 
        Forces along mission lines.
        ``(2) Whether the planning, programming, and budgeting system of 
    the Department of Defense (including the role of the Office in such 
    system) needs to be revised--
            ``(A) to strengthen strategic planning and policy direction;
            ``(B) to ensure that strategic planning is consistent with 
        national security strategy, policies, and objectives;
            ``(C) to ensure that there is a sufficient relationship 
        between strategic planning and the resource levels projected to 
        be available for the period for which the planning is to be 
        effective;
            ``(D) to ensure that strategic planning and program 
        development give sufficient attention to alliances with other 
        nations;
            ``(E) to provide for more effective oversight, control, and 
        evaluation of policy, program, and budget execution; and
            ``(F) to ensure that past program and budget decisions are 
        effectively evaluated, that such evaluations are supported by 
        consistent, complete, and timely financial and performance data, 
        and that such evaluations are fully considered in the next 
        planning, programming, and budgeting cycle.
        ``(3) Whether the major force program categories of the Five-
    Year Defense Plan could be restructured to better assist 
    decisionmaking and management control.
        ``(4) Means to improve and strengthen the oversight function 
    within each element of the Office in policy areas not addressed by 
    the planning, programming, and budgeting system.
        ``(5) Factors inhibiting efficient and effective execution of 
    the functions of the Office, including factors relating to--
            ``(A) duplication of functions (both within the Office and 
        between the Office and other elements of the Department);
            ``(B) insufficient information; and
            ``(C) insufficient resources (including personnel).
        ``(6) Alternative allocations of authorities and functions of 
    the Office and other reorganization proposals for the Office, 
    including the desirability of--
            ``(A) establishing Under Secretaries of Defense for mission-
        oriented areas of responsibility;
            ``(B) decentralizing functions of the Office;
            ``(C) reducing the number of officials reporting directly to 
        the Secretary of Defense; and
            ``(D) changing the ratio of members of the Armed Forces to 
        civilian employees in the Office.
        ``(7) Whether political appointees in the Office of the 
    Secretary of Defense have sufficient experience and expertise, upon 
    appointment, to be capable of contributing immediately to effective 
    policy formulation and management.
    ``(e) Analysis of Civilian Control.--(1) The Secretary of Defense, 
in considering under subsection (d)(1)(A) whether effective civilian 
control of the Department of Defense is best assisted by the current 
structure of the Office, shall examine the functions performed in the 
Office by--
        ``(A) members of the Armed Forces on the active-duty list; and
        ``(B) members of the Armed Forces in a retired status and 
    members of the reserve components who are employed in a civilian 
    capacity.
    ``(2) Such examination shall include a determination of the total 
number of positions in the Office of the Secretary of Defense above 
grade GS-8 and the military equivalent (as determined by the Secretary 
of Defense), and of such number--
        ``(A) the number of positions held by members of the Armed 
    Forces on the active-duty list, shown for the military equivalent of 
    each civilian pay grade by number and as a percentage of the total 
    number of positions in the Office in the civilian pay grade 
    concerned and in the military equivalent of such civilian pay grade;
        ``(B) the number of such positions held by members of the Armed 
    Forces in a retired status who are serving in a civilian capacity, 
    shown for each civilian pay grade in the same manner as provided 
    under clause (A); and
        ``(C) the number of such positions held by members of the 
    reserve components who are serving in a civilian capacity, shown for 
    each civilian pay grade in the same manner as provided under clause 
    (A).
    ``(3) In determining the total number of positions in the Office of 
the Secretary of Defense in grades above GS-8, the Secretary shall 
exclude positions which are primarily clerical or secretarial.
    ``(f) Independent Contractor Study.--The Secretary shall provide for 
an independent study to be carried out by a contractor to consider the 
same matters required to be considered by the Secretary under subsection 
(d). The Secretary shall ensure that the contractor has full access to 
such information as the contractor requires and that the contractor 
otherwise receives full cooperation from all officials and entities of 
the Department of Defense.
    ``(g) Report to Congress.--(1) The Secretary of Defense shall submit 
to Congress a report on the Secretary's study under subsection (a). The 
report shall include--
        ``(A) the findings and conclusions of the Secretary with respect 
    to each of the matters set forth in subsection (d);
        ``(B) the findings and statistical determinations required under 
    subsection (e); and
        ``(C) any recommendations of the Secretary for organizational 
    changes in the Office of the Secretary of Defense and a description 
    of the means for implementing each recommendation.
    ``(2) The Secretary shall include with the report a copy of the 
reports to the Secretary under subsections (b) and (c) and a copy of the 
report of the independent contractor under subsection (f), together with 
such comments on each such report as the Secretary considers 
appropriate.
    ``(3) The report under this subsection shall be submitted not later 
than one year after the date of the enactment of this Act [Oct. 1, 
1986].''

                  Section Referred to in Other Sections

    This section is referred to in section 192 of this title.
