10 U.S.C. § 113 : US Code - Section 113: Secretary of Defense

Search 10 U.S.C. § 113 : US Code - Section 113: Secretary of Defense

      (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 seven
    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 2 of the
    National Security Act of 1947 (50 U.S.C. 401), he has authority,
    direction, and control over the Department of Defense.
      (c)(1) 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 - 
        (A) a report from each military department on the expenditures,
      work, and accomplishments of that department;
        (B) itemized statements showing the savings of public funds,
      and the eliminations of unnecessary duplications, made under
      sections 125 and 191 of this title; and
        (C) such recommendations as he considers appropriate.

      (2) At the same time that the Secretary submits the annual report
    under paragraph (1), the Secretary shall transmit to the President
    and Congress a separate report from the Reserve Forces Policy Board
    on on (!1) any reserve component matter that the Reserve Forces
    Policy Board considers appropriate to include in the report.

      (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.
      (e)(1) The Secretary shall include in his annual report to
    Congress under subsection (c) - 
        (A) a description of the major military missions and of the
      military force structure of the United States for the next fiscal
      year;
        (B) an explanation of the relationship of those military
      missions to that force structure; and
        (C) the justification for those military missions and that
      force structure.

      (2) In preparing the matter referred to in paragraph (1), the
    Secretary shall take into consideration the content of the annual
    national security strategy report of the President under section
    108 of the National Security Act of 1947 (50 U.S.C. 404a) for the
    fiscal year concerned.
      (f) When a vacancy occurs in an office within the Department of
    Defense and the office is to be filled by a person appointed from
    civilian life by the President, by and with the advice and consent
    of the Senate, the Secretary of Defense shall inform the President
    of the qualifications needed by a person serving in that office to
    carry out effectively the duties and responsibilities of that
    office.
      (g)(1) The Secretary of Defense, with the advice and assistance
    of the Chairman of the Joint Chiefs of Staff, shall provide
    annually to the heads of Department of Defense components written
    policy guidance for the preparation and review of the program
    recommendations and budget proposals of their respective
    components. Such guidance shall include guidance on - 
        (A) national security objectives and policies;
        (B) the priorities of military missions; and
        (C) the resource levels projected to be available for the
      period of time for which such recommendations and proposals are
      to be effective.

      (2) The Secretary of Defense, with the approval of the President
    and after consultation with the Chairman of the Joint Chiefs of
    Staff, shall provide to the Chairman written policy guidance for
    the preparation and review of contingency plans, including plans
    for providing support to civil authorities in an incident of
    national significance or a catastrophic incident, for homeland
    defense, and for military support to civil authorities. Such
    guidance shall be provided every two years or more frequently as
    needed and shall include guidance on the specific force levels and
    specific supporting resource levels projected to be available for
    the period of time for which such plans are to be effective.
      (h) The Secretary of Defense shall keep the Secretaries of the
    military departments informed with respect to military operations
    and activities of the Department of Defense that directly affect
    their respective responsibilities.
      (i)(1) The Secretary of Defense shall transmit to Congress each
    year a report that contains a comprehensive net assessment of the
    defense capabilities and programs of the armed forces of the United
    States and its allies as compared with those of their potential
    adversaries.
      (2) Each such report shall - 
        (A) include a comparison of the defense capabilities and
      programs of the armed forces of the United States and its allies
      with the armed forces of potential adversaries of the United
      States and allies of the United States;
        (B) include an examination of the trends experienced in those
      capabilities and programs during the five years immediately
      preceding the year in which the report is transmitted and an
      examination of the expected trends in those capabilities and
      programs during the period covered by the future-years defense
      program submitted to Congress during that year pursuant to
      section 221 of this title;
        (C) include a description of the means by which the Department
      of Defense will maintain the capability to reconstitute or expand
      the defense capabilities and programs of the armed forces of the
      United States on short notice to meet a resurgent or increased
      threat to the national security of the United States;
        (D) reflect, in the overall assessment and in the strategic and
      regional assessments, the defense capabilities and programs of
      the armed forces of the United States specified in the budget
      submitted to Congress under section 1105 of title 31 in the year
      in which the report is submitted and in the five-year defense
      program submitted in such year; and
        (E) identify the deficiencies in the defense capabilities of
      the armed forces of the United States in such budget and such
      five-year defense program.

      (3) The Secretary shall transmit to Congress the report required
    for each year under paragraph (1) at the same time that the
    President submits the budget to Congress under section 1105 of
    title 31 in that year. Such report shall be transmitted in both
    classified and unclassified form.
      (j)(1) Not later than April 8 of each year, the Secretary of
    Defense shall submit to the Committee on Armed Services and the
    Committee on Appropriations of the Senate and the Committee on
    Armed Services and the Committee on Appropriations of the House of
    Representatives a report on the cost of stationing United States
    forces outside of the United States. Each such report shall include
    a detailed statement of the following:
        (A) The costs incurred outside the United States in connection
      with operating, maintaining, and supporting United States forces
      outside the United States, including all direct and indirect
      expenditures of United States funds in connection with such
      stationing.
        (B) The amount of direct and indirect support for the
      stationing of United States forces provided by each host nation.

      (2) In this subsection, the term "United States", when used in a
    geographic sense, includes the territories and possessions of the
    United States.
      (k) The Secretary of Defense, with the advice and assistance of
    the Chairman of the Joint Chiefs of Staff, shall provide annually
    to the Secretaries of the military departments and to the
    commanders of the combatant commands written guidelines to direct
    the effective detection and monitoring of all potential aerial and
    maritime threats to the national security of the United States.
    Those guidelines shall include guidance on the specific force
    levels and specific supporting resources to be made available for
    the period of time for which the guidelines are to be in effect.
      (l)(1) The Secretary shall include in the annual report to
    Congress under subsection (c) the following:
        (A) A comparison of the amounts provided in the defense budget
      for support and for mission activities for each of the preceding
      five fiscal years.
        (B) A comparison of the following for each of the preceding
      five fiscal years:
          (i) The number of military personnel, shown by major
        occupational category, assigned to support positions or to
        mission positions.
          (ii) The number of civilian personnel, shown by major
        occupational category, assigned to support positions or to
        mission positions.
          (iii) The number of contractor personnel performing support
        functions.

        (C) An accounting for each of the preceding five fiscal years
      of the following:
          (i) The number of military and civilian personnel, shown by
        armed force and by major occupational category, assigned to
        support positions.
          (ii) The number of contractor personnel performing support
        functions.

        (D) An identification, for each of the three workforce sectors
      (military, civilian, and contractor) of the percentage of the
      total number of personnel in that workforce sector that is
      providing support to headquarters and headquarters support
      activities for each of the preceding five fiscal years.

      (2) Contractor personnel shall be determined for purposes of
    paragraph (1) by using contractor full-time equivalents, based on
    the inventory required under section 2330a of this title.
      (m) Information To Accompany Funding Request for Contingency
    Operation. - Whenever the President submits to Congress a request
    for appropriations for costs associated with a contingency
    operation that involves, or likely will involve, the deployment of
    more than 500 members of the armed forces, the Secretary of Defense
    shall submit to Congress a report on the objectives of the
    operation. The report shall include a discussion of the following:
        (1) What clear and distinct objectives guide the activities of
      United States forces in the operation.
        (2) What the President has identified on the basis of those
      objectives as the date, or the set of conditions, that defines
      the endpoint of the operation.