Pub. L. 87-651, tit. II, sec. 202

Sec. 202. Subtitle A of title 10, United States Code, is amended by adding after Chapter 3: “CHAPTER 4.— DEPARTMENT OF DEFENSE “Sec. “131. Executive department. “132. Seal. “133. Secretary of Defense: appointment: powers and duties; delegation by. “134. Deputy Secretary of Defense: appointment; powers and duties; precedence. “135. Director of Defense Research and Engineering: appointment; powers and duties; precedence. “136. Assistant Secretaries of Defense: appointment; powers and duties; precedence. “137. General Counsel: appointment; powers and duties. “§ 131. Executive department “The Department of Defense is an executive department of the United States. “§ 132. Seal “The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal. “§ 133. Secretary of Defense: appointment; powers and duties; delegation by “(a) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force. “(b) The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 401 of title 50, he has authority, direction, and control over the Department of Defense. “(c) The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by. the report, together with— “(1) a report from each military department on the expenditures, work, and accomplishments of that department; “(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under section 125 of this title; “(3) a report from the Reserve Forces Policy Board on the reserve programs of the Department of Defense, including a review of the effectiveness of chapters 51, 337, 361, 363, 549, 573, 837, 861, and 863 of this title, as far as they apply to reserve officers; and “(4) such recommendations as he considers appropriate. “(d) Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense as he may designate. 76 Stat. 518 “§ 134. Deputy Secretary of Defense: appointment; powers and duties; precedence “(a) There is a Deputy Secretary of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Deputy Secretary of Defense within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force. “(b) The Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Deputy Secretary shall act for, and exercise the powers of, the Secretary when the Secretary is absent or disabled. “(c) The Deputy Secretary takes precedence in the Department of Defense immediately after the Secretary. “§ 135. Director of Defense Research and Engineering: appointment; powers and duties; precedence “(a) There is a Director of Defense Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate. “(b) The Director performs such duties relating to research and engineering as the Secretary of Defense may prescribe, including— “(1) being the principal adviser to the Secretary on scientific and technical matters; “(2) supervising all research and engineering activities in the Department of Defense; and “(3) directing, controlling, assigning, and reassigning research and engineering activities that the Secretary considers need centralized management. “(c) The Director takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, and the Secretaries of the military departments. “§ 136. Assistant Secretaries of Defense: appointment; powers and duties; precedence “(a) There are seven Assistant Secretaries of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. “(b) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. In addition, one of the Assistant Secretaries shall be the Comptroller of the Department of Defense and shall, subject to the authority, direction, and control of the Secretary— “(1) advise and assist, the Secretary in performing such budgetary and fiscal functions and duties, and in exercising such budgetary and fiscal powers, as are needed to carry out the powers of the Secretary; “(2) supervise and direct the preparation of budget estimates of the Department of Defense; “(3) establish and supervise the execution of principles, policies, and procedures to be followed in connection with organizational arid administrative matters relating to— “(A) the preparation and execution of budgets; “(B) fiscal, cost, operating, and capital property accounting; “(C) progress and statistical reporting; and “(D) internal audit; “(4) establish and supervise the execution of policies and procedures relating to the expenditure and collection of funds administered by the Department of Defense; and 76 Stat. 519 “(5) establish uniform terminologies, classifications, and procedures concerning matters covered by clauses (1)–(4). “(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 him in writing; and “(2) the order is issued through the Secretary of the military department concerned, or his designee. “(d) In carrying out subsection (c) and sections 3010, 3012(b) (last two sentences), 5011 (first two sentences), 5031(a) (last two sentences), 8010, and 8012(b) (last two sentences) of this title, the Secretary of each military department, his civilian assistants, and members of the armed forces under the jurisdiction of his department 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. “(e) The Assistant Secretaries take precedence in the Department of Defense after the Secretary, the Deputy Secretary of Defense, the Secretaries of the military departments and the Director of Defense Research and Engineering. “§ 137. General Counsel: appointment; powers and duties “(a) There is a General Counsel of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. “(b) The General Counsel is the chief legal officer of the Department of Defense. He shall perform such functions as the Secretary of Defense may prescribe. “(c) The General Counsel shall receive compensation at the rate prescribed by law for assistant secretaries of executive departments.”