PRIA, Government Policy, Made Personal

Summary

Creates a Secretariat for Special Operations inside the Office of the Assistant Secretary of Defense for Special Operations and Low‑Intensity Conflict to help carry out the Assistant Secretary’s duties under section 138(b)(2)(A)(i). The Secretariat must help run and support special operations command functions like force readiness, organization, equipment, resources, and civilian staff. The Secretary of Defense appoints the Secretariat’s Director, who must be a member of the Senior Executive Service while serving. For administrative matters the chain of command follows section 167(f), and no one below the Secretary of Defense (other than the Assistant Secretary) may take control of the Secretariat’s support work unless the President orders it. The Assistant Secretary must also set up and lead a Special Operations Policy and Oversight Council to bring together the Department of Defense headquarters offices so they can better provide special operations forces and capabilities. The Council must make and improve policies, joint processes, and procedures for developing, buying, integrating, using, and supporting those forces. Members include the Assistant Secretary and senior representatives from key offices such as research and engineering; acquisition and sustainment; comptroller; personnel and readiness; intelligence; the General Counsel; other policy assistants; the military departments; the Joint Staff; U.S. Special Operations Command; and any other officers or components the Secretary of Defense chooses. The Council must operate continuously.

Title 10, §139b

Armed Forces, Source: USLM XML via OLRC

(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.— (4) Administrative chain of command.—

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.

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 139b, added Pub. L. 111–23, title I, § 102(a)(1), May 22, 2009, 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), Jan. 7, 2011, 124 Stat. 4321, 4322, 4325, 4369; Pub. L. 112–81, div. A, title VIII, § 835(b), Dec. 31, 2011, 125 Stat. 1507; Pub. L. 112–239, div. A, title IX, § 904(a)–(d), (f), (g), title X, § 1076(f)(5), Jan. 2, 2013, 126 Stat. 1866, 1867, 1952; Pub. L. 113–291, div. A, title II, § 221(a), Dec. 19, 2014, 128 Stat. 3330; Pub. L. 114–92, div. A, title VIII, § 832, title X, § 1078(b), Nov. 25, 2015, 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), Dec. 23, 2016, 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.

Amendments

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, Dec. 27, 2021, 135 Stat. 1913, provided that: “(a) Plan Required.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], 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.”

§139b Secretariat for Special Operations; Special Operations Policy and Oversight Council