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(5) in establishing uniform terminologies, classifications, and procedures concerning matters covered by clauses (1) through (4).

(d) The Under Secretary of Defense (Comptroller) takes precedence in the Department of Defense after the Under Secretary of Defense for Policy.

(e) The Under Secretary of Defense (Comptroller) shall ensure that the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives are each informed, in a timely manner, regarding all matters relating to the budgetary, fiscal, and analytic activities of the Department of Defense that are under the supervision of the Under Secretary of Defense (Comptroller).

(Added as § 137 by P.L. 99-433, §107, Oct. 1, 1986, 100 Stat. 998 [former § 137 transferred to § 139]; redesignated § 135, transferred, and amended P.L. 103-160, §§901(a)(2), 902(a)(1), (b), Nov. 30, 1993, 107 Stat. 1726, 1727 (former § 135 redesignated § 137]; amended P.L. 103-337, § 903(a)(1), (2), Oct. 5, 1994, 108 Stat. 2823.)

§ 136. Under Secretary of Defense for Personnel and Readi

ness

(a) There is an Under Secretary of Defense for Personnel and Readiness, appointed from civilian life by the President, by and with the consent of the Senate.

(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness shall perform such duties and exercise such powers as the Secretary of Defense may prescribe in the areas of military readiness, total force management, military and civilian personnel requirements, military and civilian personnel training, military and civilian family matters, exchange, commissary, and nonappropriated fund activities, personnel requirements for weapons support, National Guard and reserve components, and health affairs.

(c) The Under Secretary of Defense for Personnel and Readiness takes precedence in the Department of Defense after the Comptroller.

(Added P.L. 103–160, § 903(a), Nov. 30, 1993, 107 Stat. 1727 [former § 136 redesignated § 138].)

[§ 136a. Transferred to § 138 (now § 139)]

§ 137. Director of Defense Research and Engineering

(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) Except as otherwise prescribed by the Secretary of Defense, the Director of Defense Research and Engineering shall perform such duties relating to research and engineering as the Under Secretary of Defense for Acquisition and Technology may prescribe. (Added as 135 by P.L. 87-651, §202, Sept. 7, 1962, 76 Stat. 518, and amended P.L. 92-596, 84(2), Oct. 27, 1972, 86 Stat. 1318; P.L. 95-140, § 2(a), Oct. 21, 1977, 91 Stat. 1172; P.L. 99348, 501 (b), (e), July 1, 1986, 100 Stat. 707, 708; P.L. 99-433, § 105(2), Oct. 1, 1986, 100 Stat. 997; amended identically P.L. 99-500, 99-591, 99-661, § 101(c) [§ 903(a)], § 101(c) [§ 903(a)], 8903(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-132, 3341-132, 3911; redesignated § 137 and amended P.L. 103-160, §§ 901(a)1), 904(d)(1), Nov. 30, 1993, 107 Stat. 1726, 1728 (former 137 transferred to § 135].)

89-263 95-2

§138. Assistant Secretaries of Defense

(a) There are eleven Assistant Secretaries of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.

(b)(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.

(2) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Reserve Affairs. He shall have as his principal duty the overall supervision of reserve component affairs of the Department of Defense.

(3)(A) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence. He shall have as his principal duty the 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 as §136 by P.L. 87-651, 202, Sept. 7, 1962, 76 Stat. 518, and amended P.L. 90-168, 82(1), (2), Dec. 1, 1967, 81 Stat. 521; P.L. 91-121, 404(a), Nov. 19, 1969, 83 Stat. 207; P.L. 92-215, 1, Dec. 22, 1971, 85 Stat. 777; P.L. 92–596, § 4(2), Oct. 27, 1972, 86 Stat. 1318; P.L. 95-140, 83(a), Oct. 21, 1977, 91 Stat. 1173; P.L. 96-107, §820(a), Nov. 9, 1979, 93 Stat. 819; P.L. 98-94, §1212(a), Sept. 24, 1983, 97 Stat. 686; P.L. 99-433, §§ 106, 110(d)(9), Oct. 1, 1986, 100 Stat. 997, 1003; amended identically P.L. 99-500, 99-591, 99-661, § 101(c) [§ 9115(a)), 101(c) [89115(a)], §1311(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-122, 3341-122, 3983; P.L. 100-180, § 1211(a)(1), Dec. 4, 1987, 101 Stat. 1154; P.L. 100-453, 8702, Sept. 29, 1988, 102 Stat. 1912; P.L. 100-456, 8701, Sept. 29, 1988, 102 Stat. 1992; redesignated § 138 and amended P.L. 103-160, 88 901(a)(1), (c), 903(c)(1), 905, Nov. 30, 1993, 107 Stat. 1726, 1727, 1729 [former § 138 redesignated § 139]; P.L. 103–337, §§ 901(a), 903(b)(2), Oct. 5, 1994, 108 Stat. 2822, 2823.)

§ 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 operational 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 departments with respect to operational test and evaluation in the Department of Defense in general and with respect to specific operational test and evaluation to be conducted in connection with a major defense acquisition program;

(3) monitor and review all operational test and evaluation in the Department of Defense;

(4) coordinate operational testing conducted jointly by more than one military department or defense agency;

(5) review and make recommendations to the Secretary of Defense on all budgetary and financial matters relating to operational test and evaluation, including operational test facilities and equipment, in the Department of Defense; and

(6) monitor and review the live fire testing activities of the Department of Defense provided for under section 2366 of this title.

(c) The Director may communicate views on matters within the responsibility of the Director directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense. The Director shall consult closely with, but the Director and the Director's staff are independent of, the Under Secretary of Defense for Acquisition and Technology and all other officers and entities of the Department of Defense responsible for acquisition.

(d) The Director may not be assigned any responsibility for developmental test and evaluation, other than the provision of advice to officials responsible for such testing.

(e)(1) The Secretary of a military department shall report promptly to the Director the results of all operational test and evaluation conducted by the military department and of all studies conducted by the military department in connection with operational test and evaluation in the military department.

(2) The Director may require that such observers as he designates be present during the preparation for and the conduct of the test part of any operational test and evaluation conducted in the Department of Defense.

(3) The Director shall have access to all records and data in the Department of Defense (including the records and data of each military department) that the Director considers necessary to review in order to carry out his duties under this section.

(f) The Director shall prepare an annual report summarizing the operational test and evaluation activities (including live fire testing activities) of the Department of Defense during the preceding fiscal year. Each such report shall be submitted concurrently to the Secretary of Defense, the Under Secretary of Defense for Acquisition and Technology, and the Congress not later than 10 days after the transmission of the budget for the next fiscal year under section 1105 of title 31. 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. The report shall include such comments and recommendations as the Director considers appropriate, including comments and recommendations on resources and facilities available for operational test and evaluation and levels of funding made available for operational test and evaluation activities. The Secretary may comment on any report of the Director to Congress under this subsection.

(g) The Director shall comply with requests from Congress (or any committee of either House of Congress) for information relating to operational test and evaluation in the Department of Defense.

(h) The President shall include in the Budget transmitted to Congress pursuant to section 1105 of title 31 for each fiscal year a separate statement of estimated expenditures and proposed appropriations for that fiscal year for the activities of the Director of

Operational Test and Evaluation in carrying out the duties and responsibilities of the Director under this section.

(i) The Director shall have sufficient professional staff of military and civilian personnel to enable the Director to carry out the duties and responsibilities of the Director prescribed by law.

(Added as $136a by P.L. 98-94, §1211(a)(1), Sept. 24, 1983, 97 Stat. 684, and amended P.L. 99-348, 501(c), July 1, 1986, 100 Stat. 708; redesignated § 138 and amended P.L. 99-433, §§ 101(a)(7), 110(dX10), (gX1), Oct. 1, 1986, 100 Stat. 995, 1003, 1004; [former § 138 transferred to §§ 114-116]; amended identically P.L. 99-500, 99-591, 99-661, § 101(c) (§§ 903(c), 910(c)], § 101(c) [§§ 903(c), 910(c)], §§ 903(c), 910(c), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-132, 1783-145, 3341-132, 3341-145, 3912, 3924; amended P.L. 100-26, §7(a)(1), (c)(2), April 21, 1987, 101 Stat. 275, 280; P.L. 100-180, §801, Dec. 4, 1987, 101 Stat. 1123; P.L. 101-189, §§ 802(b), 1622(e)(1), 103 Stat 1486, 1605; P.L. 101-510, § 1484(k)(1), Nov. 5, 1990, 104 Stat. 1719; redesignated $139 and amended P.L. 103-160, §§ 901(a)(1), 904(d)(1), 907, Nov. 30, 1993, 107 Stat. 1726, 1728, 1730 [former § 139 redesignated §140]; P.L. 103-355, §§ 3011, 3012, 3013, Oct. 13, 1994, 108 Stat. 3331, 3332.)

[§§ 139a, 139b, and 139c. Transferred to §§ 2432, 2433, and 2434]

§ 140. General Counsel

(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.

(Added as § 137 by P.L. 87-651, §202, Sept. 7, 1962, 76 Stat. 519, and amended P.L. 88-426, $305(9), Aug. 14, 1964, 78 Stat. 423; redesignated § 139 and amended P.L. 99-433, § 101(a)(7), 110(d)(11), Oct. 1, 1986, 100 Stat. 995, 1003 (former § 139 transferred to §2431]; redesignated $140 and amended P.L. 103-160, §901(a)(1), Nov. 30, 1993, 107 Stat. 1726 [former § 140 redesignated § 141).)

[§ 140a. Transferred to § 128, then to § 421]

[§ 140b. Transferred to § 129]

[§ 140c. Transferred to § 130]

§ 141. Inspector General

(a) There is an Inspector General of the Department of Defense, who is appointed as provided in section 3 of the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App. 3).

(b) The Inspector General performs the duties, has the responsibilities, and exercises the powers specified in the Inspector General Act of 1978. 2

(Added as §140 by P.L. 99-433, §108, Oct. 1, 1986, 100 Stat. 998 [former § 140 transferred to $127]; redesignated § 141 P.L. 103-160, § 901(a)(1), Nov. 30, 1993, 107 Stat. 1726 [former § 141 redesignated § 142].)

§ 142. Assistant to the Secretary of Defense for Atomic Energy

(a) There is an Assistant to the Secretary of Defense for Atomic Energy, appointed by the President, by and with the advice and consent of the Senate.

2 The Inspector General Act of 1978 is set forth beginning on page 775.

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