Title 10 — Armed Forces
Part I · Chapter 4 — Office of the Secretary of Defense
§ 139b. Secretariat for Special Operations; Special Operations Policy and Oversight Council
Statutory text
Secretariat for Special Operations.—
In general.—
In order to fulfill the responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict specified in section 138(b)(2)(A)(i) of this title, there shall be within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict an office to be known as the “Secretariat for Special Operations”.
Purpose.—
The purpose of the Secretariat is to assist the Assistant Secretary in exercising authority, direction, and control with respect to the special operations-peculiar administration and support of the special operations command, including the readiness and organization of special operations forces, resources and equipment, and civilian personnel as specified in such section.
Director.—
The Director of the Secretariat for Special Operations shall be appointed by the Secretary of Defense from among individuals qualified to serve as the Director. An individual serving as Director shall, while so serving, be a member of the Senior Executive Service.
Administrative chain of command.—
For purposes of the support of the Secretariat for the Assistant Secretary in the fulfillment of the responsibilities referred to in paragraph (1), the administrative chain of command is as specified in section 167(f) of this title. Unless otherwise directed by the President, no officer below the Secretary of Defense (other than the Assistant Secretary) may intervene to exercise authority, direction, or control over the Secretariat in its support of the Assistant Secretary in the discharge of such responsibilities.
Special Operations Policy and Oversight Council.—
In general.—
In order to fulfill the responsibilities specified in section 138(b)(2)(A)(i) of this title, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall establish and lead a team known as the “Special Operation Policy and Oversight Council” (in this subsection referred to as the “Council”).
Purpose.—
The purpose of the Council is to integrate the functional activities of the headquarters of the Department of Defense in order to most efficiently and effectively provide for special operations forces and capabilities. In fulfilling this purpose, the Council shall develop and continuously improve policy, joint processes, and procedures that facilitate the development, acquisition, integration, employment, and sustainment of special operations forces and capabilities.
Membership.—
The Council shall include the following:
The Assistant Secretary.
Appropriate senior representatives of each of the following:
The Under Secretary of Defense for Research and Engineering.
The Under Secretary of Defense for Acquisition and Sustainment.
The Under Secretary of Defense (Comptroller).
The Under Secretary of Defense for Personnel and Readiness.
The Under Secretary of Defense for Intelligence.
The General Counsel of the Department of Defense.
The other Assistant Secretaries of Defense under the Under Secretary of Defense for Policy.
The military departments.
The Joint Staff.
The United States Special Operations Command.
Such other officers or Agencies, elements, or components of the Department of Defense as the Secretary of Defense considers appropriate.
Operation.—
The Council shall operate continuously.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title IX § 922(b)(1) · 130 Stat. 2000
Enacted · 10 U.S.C. § 139b
Added Pub. L. 114–328, div. A, title IX, § 922(b)(1), Dec. 23, 2016, 130 Stat. 2355
Source evidence
Code source credit
Added Pub. L. 114–328, div. A, title IX, § 922(b)(1), Dec. 23, 2016, 130 Stat. 2355Enacted provision · exact public law section
(1) In general.— Chapter 4 of title 10, United States Code, as amended by section 901(e)(2) of this Act, is further amended by inserting after section 139a the following new section: “§ 139b. Special Operations Policy and Oversight Council “(a) In General.— In order to fulfill the responsibilities specified in section 138(b)(4) of this title, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, or the designee of the Assistant Secretary, shall establish and lead a team to be known as the ‘Special Operations Policy and Oversight Council’ (in this section referred to as the ‘Council’). “(b) Purpose.— The purpose of the Council is to integrate the functional activities of the headquarters of the Department of Defense in order to most efficiently and effectively provide for special operations forces and capabilities. In fulfilling this purpose, the Council shall develop and continuously improve policy, joint processes, and procedures that facilitate the development, acquisition, integration, employment, and sustainment of special operations forces and capabilities. “(c) Membership.— The Council shall include the following: “(1) The Assistant Secretary, who shall act as leader of the Council. “(2) Appropriate senior representatives of each of the following: “(A) The Under Secretary of Defense for Research and Engineering. “(B) The Under Secretary of Defense for Management and Support. “(C) The Under Secretary of Defense (Comptroller). “(D) The Under Secretary of Defense for Personnel and Readiness. “(E) The Under Secretary of Defense for Intelligence. “(F) The General Counsel of the Department of Defense. “(G) The other Assistant Secretaries of Defense under the Under Secretary of Defense for Policy. “(H) The military departments. “(I) The Joint Staff. “(J) The United States Special Operations Command. “(K) Such other officials or Agencies, elements, or components of the Department of Defense as the Secretary of Defense considers appropriate “(d) Operation.— The Council shall operate continuously.” .National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 div. A title X § 1081(a)(7) · 131 Stat. 1283
Inserted · 10 U.S.C. § 139b(c)(2)(K)
Pub. L. 115–91 inserted period at end
Source evidence
Code amendment note
Subsec. (c)(2)(K). Pub. L. 115–91 inserted period at end.Enacted provision · exact public law section
(7) Section 139b(c)(2) is amended by inserting a period at the end of subparagraph (K).National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 div. A title XVI § 1621(e)(1)(A)(iv) · 133 Stat. 1198
Substituted · 10 U.S.C. § 139b(c)(2)(E)
Pub. L. 116–92 substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”
Source evidence
Code amendment note
Subsec. (c)(2)(E). Pub. L. 116–92 substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”.Enacted provision · exact public law section
(iv) Section 139b(c)(2)(E).William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title IX § 902(b)(1) · 134 Stat. 3388
Amended · 10 U.S.C. § 139b
Pub. L. 116–283 amended section generally. Prior to amendment, section related to Special Operations Policy and Oversight Council
Source evidence
Code amendment note
Pub. L. 116–283 amended section generally. Prior to amendment, section related to Special Operations Policy and Oversight Council.Enacted provision · exact public law section
(1) In general.— Section 139b of title 10, United States Code, is amended to read as follows: “§ 139b. Secretariat for Special Operations; Special Operations Policy and Oversight Council “(a) Secretariat for Special Operations.— “(1) In general.— In order to fulfill the responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict specified in section 138(b)(2)(A)(i) of this title, there shall be within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict an office to be known as the ‘Secretariat for Special Operations’. “(2) Purpose.— The purpose of the Secretariat is to assist the Assistant Secretary in exercising authority, direction, and control with respect to the special operations-peculiar administration and support of the special operations command, including the readiness and organization of special operations forces, resources and equipment, and civilian personnel as specified in such section. “(3) Director.— The Director of the Secretariat for Special Operations shall be appointed by the Secretary of Defense from among individuals qualified to serve as the Director. An individual serving as Director shall, while so serving, be a member of the Senior Executive Service. “(4) Administrative chain of command.— For purposes of the support of the Secretariat for the Assistant Secretary in the fulfillment of the responsibilities referred to in paragraph (1), the administrative chain of command is as specified in section 167(f) of this title. Unless otherwise directed by the President, no officer below the Secretary of Defense (other than the Assistant Secretary) may intervene to exercise authority, direction, or control over the Secretariat in its support of the Assistant Secretary in the discharge of such responsibilities. “(b) Special Operations Policy and Oversight Council.— “(1) In general.— In order to fulfill the responsibilities specified in section 138(b)(2)(A)(i) of this title, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall establish and lead a team known as the ‘Special Operation Policy and Oversight Council’ (in this subsection referred to as the ‘Council’). “(2) Purpose.— The purpose of the Council is to integrate the functional activities of the headquarters of the Department of Defense in order to most efficiently and effectively provide for special operations forces and capabilities. In fulfilling this purpose, the Council shall develop and continuously improve policy, joint processes, and procedures that facilitate the development, acquisition, integration, employment, and sustainment of special operations forces and capabilities. “(3) Membership.— The Council shall include the following: “(A) The Assistant Secretary. “(B) Appropriate senior representatives of each of the following: “(i) The Under Secretary of Defense for Research and Engineering. “(ii) The Under Secretary of Defense for Acquisition and Sustainment. “(iii) The Under Secretary of Defense (Comptroller). “(iv) The Under Secretary of Defense for Personnel and Readiness. “(v) The Under Secretary of Defense for Intelligence. “(vi) The General Counsel of the Department of Defense. “(vii) The other Assistant Secretaries of Defense under the Under Secretary of Defense for Policy. “(viii) The military departments. “(ix) The Joint Staff. “(x) The United States Special Operations Command. “(xi) Such other officers or Agencies, elements, or components of the Department of Defense as the Secretary of Defense considers appropriate. “(4) Operation.— The Council shall operate continuously.” .
4 of 4 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 139b, added Pub. L. 111–23, title I, § 102(a)(1), , 123 Stat. 1710, § 139d; renumbered § 139b and amended Pub. L. 111–383, div. A, title IX, § 901(e), (f), (k)(1)(E), title X, § 1075(b)(6), , 124 Stat. 4321, 4322, 4325, 4369; Pub. L. 112–81, div. A, title VIII, § 835(b), , 125 Stat. 1507; Pub. L. 112–239, div. A, title IX, § 904(a)–(d), (f), (g), title X, § 1076(f)(5), , 126 Stat. 1866, 1867, 1952; Pub. L. 113–291, div. A, title II, § 221(a), , 128 Stat. 3330; Pub. L. 114–92, div. A, title VIII, § 832, title X, § 1078(b), , 129 Stat. 913, 998, related to Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering; support of major defense acquisition programs; annual and biennial report requirements; and joint guidance in certain areas, prior to repeal by Pub. L. 114–328, div. A, title IX, § 901(e)(2), , 130 Stat. 2342.
Another prior section 139b was renumbered section 138c of this title and was subsequently repealed.
Another prior section 139b was renumbered sections 4371 to 4375 of this title.
Amendments2017–2021 · 3 rounds
2021
Pub. L. 116–283 amended section generally. Prior to amendment, section related to Special Operations Policy and Oversight Council.
2019
Subsec. (c)(2)(E). Pub. L. 116–92 substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”.
2017
Subsec. (c)(2)(K). Pub. L. 115–91 inserted period at end.
Statutory Notes and Related Subsidiaries
Optimization of Irregular Warfare Technical Support Directorate
Pub. L. 117–81, div. A, title X, § 1071, , 135 Stat. 1913, provided that:
“(a) Plan Required.—
Not later than 90 days after the date of the enactment of this Act [], the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for improving the support provided by the Irregular Warfare Technical Support Directorate to meet military requirements. Such plan shall include the following:
“(1) Specific actions to—
“(A) ensure adequate focus on rapid fielding of required capabilities;
“(B) improve metrics and methods for tracking projects that have transitioned into programs of record; and
“(C) minimize overlap with other research, development, and acquisition efforts.
“(2) Such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant.
“(b) Department of Defense Instruction Required.—
Not later than 270 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Secretaries of the military departments, shall publish an updated Department of Defense Instruction in order to—
“(1) define the objectives, organization, mission, customer base, and role of the Irregular Warfare Technical Support Directorate;
“(2) ensure coordination with external program managers assigned to the military departments and the United States Special Operations Command;
“(3) facilitate adequate oversight by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment; and
“(4) address such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant.”
Credits
2016–2021 · 4 acts
- 2016Added Pub. L. 114–328, div. A, title IX, § 922(b)(1), , 130 Stat. 2355
- 2017amended Pub. L. 115–91, div. A, title X, § 1081(a)(7), , 131 Stat. 1594
- 2019Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(A)(iv), , 133 Stat. 1733
- 2021Pub. L. 116–283, div. A, title IX, § 902(b)(1), , 134 Stat. 3795.
Show as published
(Added Pub. L. 114–328, div. A, title IX, § 922(b)(1), , 130 Stat. 2355; amended Pub. L. 115–91, div. A, title X, § 1081(a)(7), , 131 Stat. 1594; Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(A)(iv), , 133 Stat. 1733; Pub. L. 116–283, div. A, title IX, § 902(b)(1), , 134 Stat. 3795.)