CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES
Title 10 > CHAPTER 8
Sections (14)
§ 191 Secretary of Defense: authority to provide for common performance of supply or service activities
(a) Authority.— Whenever the Secretary of Defense determines such action would be more effective, economical, or efficient, the Secretary may provide for the performance of a supply or service activity that is common to more than one military department by a single agency of the Department of Defense.
(b) Designation of Common Supply or Service Agency.— Any agency of the Department of Defense established under subsection (a) (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986 )) for the performance of a supply or service activity referred to in such subsection shall be designated as a Defense Agency or a Department of Defense Field Activity.
§ 192 Defense Agencies and Department of Defense Field Activities: oversight by the Secretary of Defense
(a) Overall Supervision.— 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 — to a civilian officer within the Office of the Secretary of Defense listed in section 131(b) of this title ; or to the Chairman of the Joint Chiefs of Staff. 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. 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.— Not later than January 1, 2020 , and periodically (but not less frequently than every four years) thereafter, the Secretary of Defense shall conduct a review of the efficiency and effectiveness of each Defense Agency and Department of Defense Field Activity. Each review shall, to the maximum extent practicable, be conducted in coordination with other ongoing efforts in connection with business enterprise reform. As part of each review under this paragraph, the Secretary shall identify each activity of an Agency or Activity that is substantially similar to, or duplicative of, an activity carried out by another organization or element of the Department of Defense, or is not being performed to an adequate level to meet Department needs. For purposes of conducting reviews under this paragraph, the Secretary shall develop internal guidance that defines requirements for such reviews and provides clear direction for conducting and recording the results of reviews. Not later than 90 days after the completion of a review under paragraph (1), the Secretary shall submit to the congressional defense committees a report that sets forth the results of the review. The report on a review under this paragraph shall, based on the results of the review, include the following: A list of each Defense Agency and Department of Defense Field Activity that the Secretary has determined— operates efficiently and effectively; and does not carry out any function that is substantially similar to, or duplicative of, a function carried out by another organization or element of the Department of Defense. With respect to each Agency or Activity not included on the list under clause (i), a plan, aimed at better meeting Department needs, for— rationalizing the functions within such Agency or Activity; or transferring some or all of the functions of such Agency or Activity to another organization or element of the Department. Recommendations for functions, if any, currently conducted separately by the military departments that should be consolidated into an Agency or Activity. 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) Limitation on Termination.— The Secretary of Defense may not terminate a Defense Agency or Department of Defense Field Activity until 30 days after the date on which the Secretary submits to the congressional defense committees a report setting forth the following: Notice of the intent of the Secretary to terminate the Agency or Activity. Such recommendations for legislative action as the Secretary considers appropriate in connection with the termination of the Agency or Activity.
§ 193 Combat support agencies: oversight
(a) Combat Readiness.— Periodically (and not less often than every two years), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense and the congressional defense committees a report on the combat support agencies. Each such report shall include— a determination with respect to the responsiveness and readiness of each such agency to support operating forces in the event of a war or threat to national security; and any recommendations that the Chairman considers appropriate. In preparing each such report, the Chairman shall review the plans of each such agency with respect to its support of operating forces in the event of a war or threat to national security. After consultation with the Secretaries of the military departments and the commanders of the unified and specified combatant commands, as appropriate, the Chairman may, with the approval of the Secretary of Defense, take steps to provide for any revision of those plans that the Chairman considers appropriate.
(b) Participation in Joint Training Exercises.— The Chairman shall— provide for the participation of the combat support agencies in joint training exercises to the extent necessary to ensure that those agencies are capable of performing their support missions with respect to a war or threat to national security; and assess the performance in joint training exercises of each such agency and, in accordance with guidelines established by the Secretary of Defense, take steps to provide for any change that the Chairman considers appropriate to improve that performance.
(c) Readiness Reporting System.— The Chairman shall develop, in consultation with the director of each combat support agency, a uniform system for reporting to the Secretary of Defense, the commanders of the unified and specified combatant commands, and the Secretaries of the military departments concerning the readiness of each such agency to perform with respect to a war or threat to national security.
(d) Review of National Security Agency and National Geospatial-Intelligence Agency.— Subsections (a), (b), and (c) shall apply to the National Security Agency and the National Geospatial-Intelligence Agency, but only with respect to combat support functions that the agencies perform for the Department of Defense. The Secretary, after consulting with the Director of National Intelligence, shall establish policies and procedures with respect to the application of subsections (a), (b), and (c) to the National Security Agency and the National Geospatial-Intelligence Agency.
(e) Combat Support Capabilities of DIA, NSA, and NGA.— The Secretary of Defense, in consultation with the Director of National Intelligence, shall develop and implement, as they may determine to be necessary, policies and programs to correct such deficiencies as the Chairman of the Joint Chiefs of Staff and other officials of the Department of Defense may identify in the capabilities of the Defense Intelligence Agency, the National Security Agency, and the National Geospatial-Intelligence Agency to accomplish assigned missions in support of military combat operations.
(f) Definition of Combat Support Agency.— In this section, the term “combat support agency” means any of the following Defense Agencies: The Defense Information Systems Agency. The Defense Intelligence Agency. The Defense Logistics Agency. The National Geospatial-Intelligence Agency. Any other Defense Agency designated as a combat support agency by the Secretary of Defense.
§ 194 Limitations on personnel
(a) Cap on Headquarters Management Personnel.— The total number of members of the armed forces and civilian employees assigned or detailed to permanent duty in the management headquarters activities or management headquarters support activities in the Defense Agencies and Department of Defense Field Activities may not exceed the number that is the number of such members and employees assigned or detailed to such duty on September 30, 1989 .
(b) Cap on Other Personnel.— The total number of members of the armed forces and civilian employees assigned or detailed to permanent duty in the Defense Agencies and Department of Defense Field Activities, other than members and employees assigned to management headquarters activities or management headquarters support activities, may not exceed the number that is the number of such members and employees assigned or detailed to such duty on September 30, 1989 .
(c) Prohibition Against Certain Actions to Exceed Limitations.— The limitations in subsections (a) and (b) may not be exceeded by recategorizing or redefining duties, functions, offices, or organizations.
(d) Exclusion of NSA.— The National Security Agency shall be excluded in computing and maintaining the limitations required by this section.
(e) Waiver.— The limitations in this section do not apply— in time of war; or during a national emergency declared by the President or Congress.
(f) Definitions.— In this section, the terms “management headquarters activities” and “management headquarters support activities” have the meanings given those terms in Department of Defense Instruction 5100.73, titled “Major DoD Headquarters Activities”.
§ 195 Defense Automated Printing Service: applicability of Federal printing requirements
The Defense Automated Printing Service shall comply fully with the requirements of section 501 of title 44 relating to the production and procurement of printing, binding, and blank-book work. (Added Pub. L. 105–85, div. A, title III, § 383(a) , Nov. 18, 1997 , 111 Stat. 1711 .)
[§ 196 Renumbered § 4173]
§ 197 Defense Logistics Agency: fees charged for logistics information
(a) Authority.— The Secretary of Defense may charge fees for providing information in the Federal Logistics Information System through Defense Logistics Information Services to a department or agency of the executive branch outside the Department of Defense, or to a State, a political subdivision of a State, or any person.
(b) Amount.— The fee or fees prescribed under subsection (a) shall be such amount or amounts as the Secretary of Defense determines appropriate for recovering the costs of providing information as described in such subsection.
(c) Retention of Fees.— Fees collected under this section shall be credited to the appropriation available for Defense Logistics Information Services for the fiscal year in which collected, shall be merged with other sums in such appropriation, and shall be available for the same purposes and period as the appropriation with which merged.
(d) Defense Logistics Information Services Defined.— In this section, the term “Defense Logistics Information Services” means the organization within the Defense Logistics Agency that is known as Defense Logistics Information Services.
§ 198 Office of Local Defense Community Cooperation
(a) In General.— There is in the Department of Defense an Office of Local Defense Community Cooperation (in this section referred to as the “Office”). The Secretary shall designate the Office as a Department of Defense Field Activity pursuant to section 191, effective as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).
(b) Director.— The Office shall be headed by the Director of the Office of Local Defense Community Cooperation, who shall be appointed by the Secretary of Defense from among civilian employees of the Federal Government or private individuals who have the following: Experience in the interagency in the Executive Branch. Experience in the administration and management of Federal grants programs.
(c) Duties.— The Office shall— serve as the office in the Department of Defense with primary responsibility for— providing assistance to States, counties, municipalities, regions, and other communities to foster cooperation with military installations to enhance the military mission, achieve facility and infrastructure savings and reduced operating costs, address encroachment and compatible land use issues, support military families, and increase military, civilian, and industrial readiness and resiliency; and providing adjustment and diversification assistance to State and local governments under section 2391(b) of this title to achieve the objectives described in subparagraph (A); coordinate the provision of such assistance with other organizations and elements of the Department; provide support to the Economic Adjustment Committee established under Executive Order No. 12788 (57 Fed. Reg. 2213; 10 U.S.C. 2391 note) or any successor to such Committee; and carry out such other activities as the Secretary considers appropriate.
(d) Annual Report to Congress.— Not later than June 1 each year, the Director of the Office of Local Defense Community Cooperation shall submit to the congressional defense committees a report on the activities of the Office during the preceding year, including the assistance provided pursuant to subsection (c)(1) during such year.
§ 199 Joint Interagency Task Force 401
(a) Establishment.— There is established in the Department of Defense a joint activity to be known as the “Joint Interagency Task Force 401” (referred to in this section as the “Task Force”).
(b) Director.— There is a Director of the Task Force (referred to in this section as the “Director”) who shall be appointed by the Secretary of Defense from among personnel of the Department of Defense who are— general or flag officers of the covered armed forces; or members of the Senior Executive Service. The Director shall report directly to the Deputy Secretary of Defense and shall serve as the principal advisor to the Deputy Secretary and the Chairman of the Joint Chiefs of Staff on counter-small unmanned aircraft system matters.
(c) Organization.— The Task Force shall— be designated as a jointly manned activity with full joint manning support from the covered armed forces as determined by the Director; and shall consist of such other subordinate organizational elements as the Director determines appropriate, subject to the authority, direction, and control of the Secretary of Defense with support from designated organizational elements within the Office of the Secretary of Defense as determined by the Director in coordination with the Secretary.
(d) Responsibilities.— The responsibilities of the Task Force shall include the following: Lead, advocate, coordinate, and focus all Department of Defense actions in support of efforts of the combatant commands and the covered armed forces to defeat small unmanned aircraft systems (referred to in this section as “sUAS”) as weapons of strategic influence. Integrate all counter-sUAS solutions throughout the Department of Defense, seeking interagency participation and assistance as necessary. Develop and share counter-sUAS training tools, expertise, and tactics, techniques, and procedures for components of the Department of Defense that address needs of the joint force. Coordinate efforts across the Department of Defense to develop, test, evaluate, and procure counter-sUAS kinetic and non-kinetic defeat capabilities. Carry out the counter-sUAS validation and acquisition responsibilities described in subsections (e) and (f). Develop and regularly update a counter-sUAS strategic plan. Carry out such other activities relating to counter-sUAS as the Secretary of Defense determines appropriate.
(e) Approval and Validation of Counter-suas Systems.— The Task Force shall serve as the entity within the Department of Defense with primary responsibility for the validation and approval of counter-sUAS systems for procurement and use by the Department. In coordination with other components of the Department of Defense, the Director shall develop, maintain, and regularly update a list of counter-sUAS systems that are validated and approved for procurement and use by the Department as described in paragraph (1). The Director shall ensure that each counter-sUAS system on the list has been vetted by the Task Force and has proven to be effective for use by the Department in countering sUAS. Except as provided in paragraph (4), no component of the Department of Defense may procure a counter-sUAS system unless such system— has been validated and approved by the Task Force under paragraph (1); and is included on the list maintained under paragraph (2). The service acquisition executive of the military department concerned (in the case of a procurement by a military department) or the Under Secretary of Defense for Acquisition and Sustainment (in the case of a procurement not under the authority of a service acquisition executive) may waive the restriction under paragraph (3), on a case-by-case basis, by submitting to the congressional defense committees— notice of the intent to issue such a waiver; and an explanation of the reasons for issuing the waiver.
(f) Acquisition Division.— The Director shall establish and maintain an acquisition division within the Task Force. The acquisition division shall— include acquisition professionals from relevant portfolio acquisition executives (as described in section 1732 of this title ) within each covered armed force; support and facilitate efforts of the Director and covered armed forces— to budget and plan for the integration and sustainment of counter-sUAS capabilities that are approved and validated by the Task Force under subsection (e); and to efficiently and effectively transition such capabilities into operational use; and have such other duties and responsibilities as the Director determines appropriate.
(g) Annual Reports.— On an annual basis, the Director shall submit to the congressional defense committees a report that includes a summary of the activities of the Task Force over the period covered by the report, including a description of— the progress of the Task Force in carrying out the requirements of this section; the metrics used to measure such progress; and recommendations for congressional consideration.
(h) Definitions.— In this section: The term “counter-sUAS system” means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of a small unmanned aircraft or small unmanned aircraft system. The term “covered armed forces” means the Army, Navy, Air Force, Marine Corps, and Space Force. The terms “small unmanned aircraft”, “unmanned aircraft”, and “unmanned aircraft system” have the meanings given those terms in section 44801 of title 49 .
§ 201 Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance
(a) Consultation Regarding Appointment.— Before submitting a recommendation to the President regarding the appointment of an individual to the position of Director of the Defense Intelligence Agency, the Secretary of Defense shall consult with the Director of National Intelligence regarding the recommendation.
(b) Concurrence in Appointment.— In the event of a vacancy in a position referred to in paragraph (2), before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy, the Secretary of Defense shall obtain the concurrence of the Director of National Intelligence as provided in section 106(b) of the National Security Act of 1947 ( 50 U.S.C. 3041(b) ). Paragraph (1) applies to the following positions: The Director of the National Security Agency. The Director of the National Reconnaissance Office. The Director of the National Geospatial-Intelligence Agency.
(c) Performance Evaluations.— The Director of National Intelligence shall provide annually to the Secretary of Defense, for the Secretary’s consideration, an evaluation of the performance of the individuals holding the positions referred to in paragraph (2) in fulfilling their respective responsibilities with regard to the National Intelligence Program. The positions referred to in paragraph (1) are the following: The Director of the National Security Agency. The Director of the National Reconnaissance Office. The Director of the National Geospatial-Intelligence Agency.