10 U.S.C. § 139b — Secretariat for Special Operations; Special Operations Policy and Oversight Council

submitted 10 years ago by Pub. L. 114-328 to r/title-10-ARMED-FORCES · 513 words · no verdicts yet

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This law creates two Defense Department bodies to manage special operations: a Secretariat for Special Operations, run by a Director, that handles administration and support for special operations forces; and a Special Operations Policy and Oversight Council that coordinates policy across many Defense offices.

This section sets up two organizations inside the Department of Defense to support special operations forces. (a) Secretariat for Special Operations. (1) To help the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict carry out duties set in a related law (section 138(b)(2)(A)(i)), there is an office called the "Secretariat for Special Operations" inside that Assistant Secretary's office. (2) Its purpose is to help the Assistant Secretary direct and control the special-operations-specific administration and support of the special operations command — including readiness, organization, resources, equipment, and civilian staff. (3) The Secretary of Defense appoints the Secretariat's Director from among qualified people; the Director must be a member of the Senior Executive Service while serving. (4) For purposes of supporting the Assistant Secretary in these duties, the chain of command follows a separate law (section 167(f)). Unless the President says otherwise, no one below the Secretary of Defense — except the Assistant Secretary — may step in to direct or control the Secretariat's work supporting the Assistant Secretary. (b) Special Operations Policy and Oversight Council. (1) To help carry out the same duties from section 138(b)(2)(A)(i), the Assistant Secretary must create and lead a team called the "Special Operations Policy and Oversight Council." (2) The Council's purpose is to connect the work of different Defense Department headquarters offices so that special operations forces and capabilities are supported as efficiently as possible — by building and improving shared policy, processes, and procedures for developing, buying, integrating, using, and maintaining those forces and capabilities. (3) The Council must include the Assistant Secretary and senior representatives from: the Under Secretaries for Research and Engineering, Acquisition and Sustainment, Comptroller, Personnel and Readiness, and Intelligence; the Department's General Counsel; other Assistant Secretaries under the Under Secretary for Policy; the military departments; the Joint Staff; the U.S. Special Operations Command; and any other office the Secretary of Defense thinks should be included. (4) The Council operates continuously, on an ongoing basis.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Added Pub. L. 114–328, div. A, title IX, § 922(b)(1), Dec. 23, 2016, 130 Stat. 2355; amended Pub. L. 115–91, div. A, title X, § 1081(a)(7), Dec. 12, 2017, 131 Stat. 1594; Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(A)(iv), Dec. 20, 2019, 133 Stat. 1733; Pub. L. 116–283, div. A, title IX, § 902(b)(1), Jan. 1, 2021, 134 Stat. 3795.)

history & why it existsrecord from the source credit

2016Enacted · Pub. L. 114-328 · 130 Stat. 2355
2017Amended · Pub. L. 115-91 · 131 Stat. 1594
2019Amended · Pub. L. 116-92 · 133 Stat. 1733
2021Amended · Pub. L. 116-283 · 134 Stat. 3795

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.

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