overall supervision of command, control, communications, and intelligence affairs of the Department of Defense.

(B) Notwithstanding subparagraph (A), one of the Assistant Secretaries established by the Secretary of Defense may be an Assistant Secretary of Defense for Intelligence, who shall have as his principal duty the overall supervision of intelligence affairs of the Department of Defense.

(C) If the Secretary of Defense establishes an Assistant Secretary of Defense for Intelligence, the Assistant Secretary provided for under subparagraph (A) shall be the Assistant Secretary of Defense for Command, Control, and Communications and shall have as his principal duty the overall supervision of command, control, and communications affairs of the Department of Defense.

(4) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. He shall have as his principal duty the overall supervision (including oversight of policy and resources) of special operations activities (as defined in section 167(j) of this title) and low intensity conflict activities of the Department of Defense. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters and (after the Secretary and Deputy Secretary) is the principal special operations and low intensity conflict official within the senior management of the Department of Defense.

(5) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Legislative Affairs. He shall have as his principal duty the overall supervision of legislative affairs of the Department of Defense.

(c) Except as otherwise specifically provided by law, an Assistant Secretary may not issue an order to a military department unless

(1) the Secretary of Defense has specifically delegated that authority to the Assistant Secretary in writing; and

(2) the order is issued through the Secretary of the military department concerned.

(d) The Assistant Secretaries take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, the Under Secretaries of Defense, and the Director of Defense Research and Engineering. The Assistant Secretaries take precedence among themselves in the order prescribed by the Secretary of Defense.

(Added Pub. L. 87-651, title II, § 202, Sept. 7, 1962, 76 Stat. 518, § 136; amended Pub. L. 90-168, § 2(1), (2), Dec. 1, 1967, 81 Stat. 521; Pub. L. 91-121, title IV, § 404(a), Nov. 19, 1969, 83 Stat. 207; Pub. L. 92-215, § 1, Dec. 22, 1971, 85 Stat. 777; Pub. L. 92-596, § 4(2), Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95-140, § 3(a), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 96-107, title VIII, § 820(a), Nov. 9, 1979, 93 Stat. 819; Pub. L. 98-94, title XII, § 1212(a), Sept. 24, 1983, 97 Stat. 686; Pub. L. 99-433, title I, §§ 106, 110(d)(9), Oct. 1, 1986, 100 Stat. 997, 1003; Pub. L. 99-500, § 101(c) [title IX, § 9115(a)], Oct. 18,

1986, 100 Stat. 1783-82, 1783-122, and Pub. L. 99-591, § 101(c) [title IX, § 9115(a)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-122; Pub. L. 99-661, div. A, title XIII, § 1311(a), Nov. 14, 1986, 100 Stat. 3983; Pub. L. 100-180, div. A, title XII, § 1211(a)(1), Dec. 4, 1987, 101 Stat. 1154; Pub. L. 100-453, title VII, § 702, Sept. 29, 1988, 102 Stat. 1912; Pub. L. 100-456, div. A, title VII, § 701, Sept. 29, 1988, 102 Stat. 1992; renumbered § 138 and amended Pub. L. 103-160, div. A, title IX, §§ 901(a)(1), (c), 903(c)(1), 905, Nov. 30, 1993, 107 Stat. 1726, 1727, 1729; Pub. L. 103-337, div. A, title IX, §§ 901(a), 903(b)(2), Oct. 5, 1994, 108 Stat. 2822, 2823.)

Source (Statutes at Large)

July 26, 1947, ch. 343, § 202(c)(7) (less 1st 2 sentences); added Aug. 6. 1958, Pub. L 85-599, § 3(a) (8th par., less 1st 2 sentences), 72 Stat. 516. July 26, 1947, ch. 343, § 203(c); added Aug. 10. 1949, ch. 412, § 6(a), (2d par.), 63 Stat. 581; redesignated Aug. 6, 1958, Pub. L. 85-599, §§ 9(a) (1st par., as applicable to 203(c)), 10(a), 72 Stat. 520, 521. July 26, 1947, ch. 343. § 302 (less 1st sentence); restated Aug. 10. 1949. ch. 412, § 10(b) (less 1st sentence) restated Aug. 10, 1956, ch. 1041, § 21 (less 1st sentence), 70A Stat. 629. July 26, 1947, ch. 343. § 308(a) (as applicable to § 401), 61 Stat. 509. July 26, 1947, ch. 343, § 401; added Aug. 10. 1949, ch. 412, § 11 (1st 2 pars.), 63 Stat. 585.

In subsection (b)(1), 5 U.S.C. 172(b) (last 13 words of 1st sentence) is omitted as surplusage, since they are only a general description of the powers of the Secretary of Defense under this title. 5 U.S.C. 171c-2 (less 1st sentence) is omitted as covered by 5 U.S.C. 171c(c) (1st 18 words of 2d sentence).

In subsection (d), the following substitutions are made: "In carrying out subsection (c) and sections 3010, 3012(b) (last two sentences), 5011 (first two sen. tences), 5031(a) (last two sentences), 8010, and 8012(b) last two sentences of this title," for "In implementa tion of this paragraph"; and "members of the armed forces under the jurisdiction of his department" for "the military personnel in such department". The words "in a continuous effort" are omitted as surplusage.

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

PRIOR PROVISIONS

A prior section 138 was renumbered section 139 of this title.

Another prior section 138 was renumbered by Pub. L. 99-433 as follows:

Section 138(a) was renumbered section 114(a) of this title.

Section 138(b) was renumbered successively as section 114(b) and section 115(a) of this title.

provisions set out as notes under this section and section 8212 of this title, and amending provisions set out as a note under section 113 of this title] may be cited as the 'Reserve Forces Bill of Rights and Vitalization Act'."

ORDER OF SUCCESSION

For order of succession in event of death, disability, or resignation of Secretary, see Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set out as a note under section 3347 of Title 5, Government Organization and Employees.

CHARTER OF THE ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT

Section 1211(a)(2)-(5) of Pub. L. 100-180 provided that:

"(2) The Secretary of Defense shall publish a directive setting forth the charter of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict not later than 30 days after the date of the enactment of this Act [Dec. 4, 1987]. The directive shall set forth

"(A) the duties and responsibilities of the Assistant Secretary;

"(B) the relationships between the Assistant Secretary and other Department of Defense officials; "(C) any delegation of authority from the Secretary of Defense to the Assistant Secretary; and

"(D) such other matters as the Secretary considers appropriate.

"(3) On the date that such directive is published, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives

"(A) a copy of the directive; and

"(B) a report explaining how the charter of the Assistant Secretary fulfills the provisions of section 136(b)(4) [now 138(b)(4)] of title 10, United States Code (as amended by paragraph (1)), that provide that the Assistant Secretary

"(i) exercises overall supervision of special operations activities and low intensity conflict activities of the Department of Defense;

"(ii) is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters; and

"(iii) is the principal special operations and low intensity conflict official (after the Secretary and Deputy Secretary) within the senior management of the Department of Defense. "(4)(A) Until the office of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict is filled for the first time by a person appointed from civilian life by the President, by and with the advice and consent of the Senate, the Secretary of the Army shall carry out the duties and responsibilities of that office.

"(B) Throughout the period of time during which the Secretary of the Army is carrying out the duties and responsibilities of that office, he shall submit to the Committees on Armed Services of the Senate and House of Representatives a monthly report on the administrative actions that he has taken and the policy guidance that he has issued to carry out such duties and responsibilities. Each such report shall also describe the actions that he intends to take and the guidance that he intends to issue to fulfill the provisions of section 136(b)(4) [now 138(b)(4)] of title 10, United States Code (as amended by paragraph (1)), along with a timetable for completion of such actions and issuance of such guidance. The first such report shall be submitted not later than 30 days after the date of the enactment of this Act [Dec. 4, 1987].

"(5) Until the first individual appointed to the position of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict by the President, by and with the advice and consent of the Senate,

leaves that office, that Assistant Secretary (and the Secretary of the Army when carrying out the duties and responsibilities of the Assistant Secretary) shall, with respect to the duties and responsibilities of that office, report directly, without intervening review or approval, to the Secretary of Defense personally or, as designated by the Secretary, to the Deputy Secretary of Defense personally."

TEMPORARY INCREASE IN NUMBER OF ASSISTANT
SECRETARIES OF DEFENSE

Section 1311 of Pub. L. 100-180 provided that until Jan. 20, 1989, the number of Assistant Secretaries of Defense authorized under subsec. (a) of this section and the number of positions at level IV of the Executive Schedule are each increased by one (to a total of 12).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10201 of this title.

§ 139. Director of Operational Test and Evaluation

(a)(1) There is a Director of Operational Test and Evaluation in the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the office of Director. The Director may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress.

(2) In this section:

(A) The term "operational test and evaluation" means—

(i) the field test, under realistic combat conditions, of any item of (or key component of) weapons, equipment, or munitions for the purpose of determining the effectiveness and suitability of the weapons, equipment, or munitions for use in combat by typical military users; and

(ii) the evaluation of the results of such test.

(B) The term "major defense acquisition program" means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section 2430 of this title or that is designated as such a program by the Director for purposes of this section.

(b) The Director is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Acquisition and Technology on operational test and evaluation in the Department of Defense and the principal oper ational test and evaluation official within the senior management of the Department of Defense. The Director shall-

(1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of operational test and evaluation in the Department of Defense;

(2) provide guidance to and consult with the Secretary of Defense and the Under Secretary of Defense for Acquisition and Technology and the Secretaries of the military depart ments with respect to operational test and evaluation in the Department of Defense in

ties)" after "operational test and evaluation activities" and after second sentence inserted "If the Director submits the report to Congress in a classified form, the Director shall concurrently submit an unclassified version of the report to Congress."

1993-Pub. L. 103-160, § 901(a)(1), renumbered section 138 of this title as this section.

Subsec. (b). Pub. L. 103-160, § 904(d)(1), substituted "Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition" in introductory provisions and in par. (2). Subsec. (c). Pub. L. 103-160, § 907, struck out "The Director reports directly, without intervening review or approval, to the Secretary of Defense personally." after "(c)" and substituted "Under Secretary of Defense for Acquisition and Technology" for "Director of Defense Research and Engineering" and "responsible for acquisition" for "responsible for research and development".

Subsec. (f). Pub. L. 103-160, § 904(d)(1), substituted "Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition".

§ 1484(k)(1)(A), substituted “(A) The term ‘operational test and evaluation" for "(A) 'Operational test and evaluation".

Subsec. (a)(2)(B). Pub. L. 101-510, § 1484(k)(1)(B), substituted "(B) The term 'major defense acquisition program" for "(B) 'Major defense acquisition program".

1989-Subsec. (a)(2)(A). Pub. L. 101-189, § 1622(e)(1)(A), which directed amendment of subpar. (A) by substituting “(A) The term 'operational'" for "(A) 'Operational'", could not be executed because a closing quotation mark did not follow "Operational".

Subsec. (a)(2)(B). Pub. L. 101-189, § 1622(e)(1)(B), which directed amendment of subpar. (B) by substituting "(B) The term 'major'" for "(B) 'Major'", could not be executed because a closing quotation mark did not follow "Major”.

Subsec. (b)(4). Pub. L. 101-189, § 802(b)(1)(A), inserted "and" after "defense agency;".

Subsec. (b)(5), (6). Pub. L. 101-189, § 802(b)(1)(B), (C), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: "analyze the results of the operational test and evaluation conducted for each major defense acquisition program and, at the conclusion of such operational test and evaluation, report to the Secretary of Defense, to the Under Secretary of Defense for Acquisition, and to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives as provided in subsection (c) on

"(A) whether the test and evaluation performed was adequate; and

"(B) whether the test and evaluation results confirm that the items or components actually tested are effective and suitable for combat; and".

Subsec. (c). Pub. L. 101-189, § 802(b)(2), (3), redesignated subsec. (d)(1) as (c) and struck out former subsec. (c) which read as follows: "Each report of the Director required under subsection (b)(5) shall be submitted to the committees specified in that subsection in precisely the same form and with precisely the same content as the report originally was submitted to the Secretary of Defense and the Under Secretary of Defense for Acquisition and shall be accompanied by such comments as the Secretary may wish to make on the report."

Subsec. (d). Pub. L. 101-189, § 802(b)(4), redesignated former par. (2) of subsec. (d) as entire subsec. Former par. (1) of subsec. (d) redesignated subsec. (c).

Subsec. (f). Pub. L. 101-189, § 802(b)(5)-(7), redesignated subsec. (g)(1) as (f), substituted "this subsection" for "this paragraph", and struck out former subsec. (f) which read as follows:

"(1) Operational testing of a major defense acquisition program may not be conducted until the Director has approved in writing the adequacy of the plans (in

cluding the adequacy of projected levels of funding) for operational test and evaluation to be conducted in connection with that program.

"(2) A final decision within the Department of Defense to proceed with a major defense acquisition program beyond low-rate initial production may not be made until the Director has submitted to the Secretary of Defense the report with respect to that program required by subsection (b)(5) and the Committees on Armed Services and on Appropriations of the Senate and House of Representatives have received that report."

Subsec. (g). Pub. L. 101-189, § 802(b)(6), (8), redesignated former par. (2) of subsec. (g) as entire subsec. (g), and redesignated former par. (1) of subsec. (g) as subsec. (f).

1987-Subsec. (a)(2)(B). Pub. L. 100-26, § 7(c)(2), substituted "section 2430" for "section 2432(a)(1)".

Subsec. (c). Pub. L. 100-26, § 7(a)(1), substituted "to the Secretary of Defense and the Under Secretary of Defense for Acquisition and shall be accompanied by such comments as the Secretary may wish to make on the report." for "to the Secretary, to the Under Secretary of Defense for Acquisition, and shall be accompanied by such comments as the Secretary of Defense may wish to make on such report."

Subsec. (d). Pub. L. 100-180 designated existing provisions as par. (1) and added par. (2).

1986-Pub. L. 99-433, §§ 101(a)(7), 110(d)(10), renumbered section 136a of this title as this section, and struck out ": appointment; powers and duties" at end of section catchline.

Subsec. (a)(2)(B). Pub. L. 99-433, § 110(g)(1), substituted "section 2432(a)(1)" for "section 139a(a)(1)".

Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591, § 101(c) [§ 903(c)(1)-(3)] and Pub. L. 99-661, § 903(c)(1)-(3), amended subsec. (b) identically, in provisions preceding par. (1) and in par. (2), inserting "and the Under Secretary of Defense for Acquisition" and, in par. (5), inserting ", to the Under Secretary of Defense for Acquisition,".

Subsec. (c). Pub. L. 99-500 and Pub. L. 99-591, § 101(c) [§ 903(c)(4)], and Pub. L. 99-661, § 903(c)(4), amended subsec. (c) identically by directing the insertion of ", to the Under Secretary of Defense for Acquisition," after "Secretary of Defense" the first place it appears which was executed by making the insertion after "the Secretary" the first place it appears as the probable intent of Congress.

Subsec. (d). Pub. L. 99-500 and Pub. L. 99-591, § 101(c) [§ 903(c)(5)], and Pub. L. 99-661, § 903(c)(5), amended subsec. (d) identically inserting "personally" after "Secretary of Defense".

Pub. L. 99-348 substituted "Director of Defense Research and Engineering" for "Under Secretary of Defense for Research and Engineering".

Subsec. (g)(1). Pub. L. 99-500 and Pub. L. 99-591, § 101(c) [§§ 903(c)(6), 910(c)], and Pub. L. 99-661, §§ 903(c)(6), 910(c), amended par. (1) identically, inserting", the Under Secretary of Defense for Acquisition," and substituting "10 days after transmission of the budget for the next fiscal year under section 1105 of title 31" for "January 15 immediately following the end of the fiscal year for which the report is prepared".

Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, § 101(c) [§ 903(c)(7)], and Pub. L. 99-661, § 903(c)(7), amended section identically adding subsec. (i).

EFFECTIVE DATE

Section 1211(c) of Pub. L. 98-94 provided that: "The amendments made by this section [enacting this section and amending section 5315 of Title 5, Government Organization and Employees] shall take effect on November 1, 1983."