Title 10, Armed ForcesRelease 119-102
§140 General Counsel
Title 10 › Subtitle A — General Military Law › PART I — ORGANIZATION AND GENERAL MILITARY POWERS › CHAPTER 4 — OFFICE OF THE SECRETARY OF DEFENSE › § 140
Summary
The President must appoint a General Counsel for the Department of Defense from civilian life, and the Senate must confirm that choice. The General Counsel is the department’s top lawyer and must carry out the duties the Secretary of Defense gives them.
Full Legal Text
Title 10, §140
Armed Forces, Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 137(a)[Uncodified: 1953 Reorg. Plan No. 6, eff.
June 30, 1953, § 4 (1st 25 words of 1st sentence), 67 Stat. 639].1953 Reorg. Plan No. 6, eff.
June 30, 1953, § 4, 67 Stat. 639. 137(b)[Uncodified: 1953 Reorg. Plan No. 6, eff.
June 30, 1953, § 4 (1st sentence, less 1st 25 words), 67 Stat. 639]. 137(c)[Uncodified: 1953 Reorg. Plan No. 6, eff.
June 30, 1953, § 4 (2d sentence), 67 Stat. 639]. In subsection (b), the words “from time to time” are omitted as surplusage.
Editorial Notes
Prior Provisions
A prior section 140 was renumbered section 141 of this title. Another prior section 140 was renumbered section 127 of this title.
Amendments
1993—Pub. L. 103–160 renumbered section 139 of this title as this section. 1986—Pub. L. 99–433, §§ 101(a)(7), 110(d)(11), renumbered section 137 of this title as this section, and struck out “: powers and duties” at end of section catchline. 1964—Subsec. (c). Pub. L. 88–426 repealed subsec. (c) which related to compensation of General Counsel. See section 5315 of Title 5, Government Organization and Employees.
Statutory Notes and Related Subsidiaries
Effective Date
of 1964 AmendmentFor
Effective Date
of amendment by Pub. L. 88–426, see section 501 of Pub. L. 88–426.
Reference
Citations & Metadata
Citation
10 U.S.C. § 140
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102