Goldwater-nichols Department Of Defense Reorganization Act Of

100STAT.996PUBLICLAW 99-433-OCT.1,the Presidentshallthereafter.”.1986notify Congress not later than 60 daysSEC. 102. POWERS AND DUTIES OF THE SECRETARYOF DEFENSEPost, pp. 1022,1075.Section 113 (as transferred and redesignated by section l0l(a)(2)) isamended by adding at the end the following new subsections:“(f) When a vacancy occurs in anoffice within the Department ofDefense and the office is to be filled by a person appointed fromcivilian life b the President, by and with the advice and consent ofthe Senate, t h e Secretary of Defense shall inform the President ofthe qualifications needed by a person serving in that office to carryout effectively the duties and responsibilitiesof that office.“(g)(1) The Secretary of Defense, with the advice and assistance ofthe Chairman of the JointChiefs of Staff, shall provide annually tothe heads of Department of Defense components written policyguidanceforthe preparationandreview of the program recommendations and bud et proposals of their respective components.onSuch guidanceshall incl ude guidance“(A) national securityobjectives and policies;“(B)the priorities of military missions; and“(C) the resource levelsprojected to be available for the periodof time for which such recommendations and proposals are to beeffective.“(2) The Secretary of Defense, with the approval of the Presidentand after consultation with the Chairman of the Joint Chiefs ofStaff, shall provide annually to the Chairman written policyance for the preparation and review of contingency plans.guidance shall include guidanceon the specific force levels andspecific supporting resource levels projected to be available for theperiod of time for which such plansare to be effective.“(h) The Secretary of Defense shall keep the Secretaries of themilitary departments informed with respect to military operationsand activities of the Departmentof Defense that directly affect theirrespective responsibilities.”.SEC. 103. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TOREORGANIZE THE DEPARTMENT OFDEFENSEPost, pp. 1022,1055.Section 125 is amended(1) by striking“unlessoutthe Secretary”inthe secondsentence of subsection (a)and all that follows in thatsubsectiona period; andand inserting in lieu thereof(2) by inserting “vested by law in the Department of Defense,or an officer, official, or agency thereof’ in subsection (b) after“function, power, or duty”.SEC. 104. OFFICE OF THE SECRETARYOF DEFENSEChapter 4 (as amended by section 101(a))is further amended byinsertingafter the table of sections the following new section:‘‘§ 131. Office of the Secretaryof Defense“(a) There is in the Department of Defense an Office of thesecretary of Defense. The function of the Office is to assist theSecretary of Defense in carrying out his duties and responsibilitiesand to carry out such other duties as may be prescribed by law.“(b) The Officeofthe Secretary of Defense is composed of thefollowing:“(1)The Deputy Secretary of Defense.

PUBLIC LAW 99-433-OCT. 1,1986100 STAT. 997“(2) The Under Secretaryof Defense for Acquisition.“(3) The Under Secretaryof Defense for Policy.“(4) The Director of Defense Research and Engineering.“(5) The Assistant Secretaries of Defense.“(6) The Comptroller of the Department of Defense.“(7) The Director of Operational Test andEvaluation.“(8) TheGeneral Counsel of the Department of Defense.“(9) The InspectorGeneral of the Department of Defense.“(10) Such otheroffices and officials as may be establishedbylaw or the Secretary of Defense may establish or designate inthe Office.“(c) Officers sf the armed forces may be assigned or detailed topermanent duty inthe Office of the Secretary of Defense. However,the Secretary may not establisha military staff in the Office of theSecretary of Defense.“(d) The Secretary of each military department, and the civilianemployees and members of the armed forces under the jurisdictionof the Secretary, shall cooperate fullywith personnel of the Office ofthe Secretary of Defense to achieve efficient administration of theDepartment of Defense and to carry out effectively the authority,direction, and control of the Secretary of Defense.”.SEC. 105. H AND ENGINEERINGChapter 4 is further amended(1)by striking out the heading and subsection (a) of section135 and insertingin lieu thereof the following:“§ 134.UnderSecretaryof Defense for Policy“(a)There is a n Under Secretary of Defense for Policy, appointedfrom civilian life by the President, by and with the advice andconsent of the Senate. A person may not be appointed as UnderSecretary within 10 years after relief from active duty as a commissioned officer of a regular componentof a n armed force.“(b)(1) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.“(2) The Under Secretary shall assist the Secretary of Defense“(A) in preparing writtenpolicy guidance for the preparationand review of contingency plans; and“(B) in reviewing such plans.“(c) The Under Secretary takes precedence i n t h e Department ofDefense after the Secretary of Defense, the Deputy Secretary ofDefense, and the Secretariesof the military departments.“§ 135. Directorof Defense Research and Engineering“ ( a ) There is a Director of Defense Research and Engineering,appointed from civilian life by the President, by and with theadviceand consent of the Senate.”; and(2) by striking out the first sentenceof subsections (b) and (c)of section 135 (as designated by paragraph (1)).10 USC 134.SEC. 106. ASSISTANT SECRETARIES OF DEFENSE(a)REPEALOF SPECIFICATIONOF CERTAIN ASSISTANT SECRETARIES.Subsection (b) of section 136 is amended(1)by striking out paragraphs(2) and (3);(2) by redesignating paragraphs (4) and (5) as paragraphs (2)and (31, respectively; and

100STAT.998PUBLIC LAW 99-433-OCT.1,1986(3) by striking out paragraph(6).(e) of such section is amended(1) by striking out “and the Under Secretaries of Defense”and inserting inlieu thereof “the Under Secretariesof Defense,and the Director of Defense Research and Engineering”; and(2) by adding at the end the following new sentence: “TheAssistant Secretaries take precedence among, themselves in theorder prescribed by the Secretary of Defense. .(C)CONFORMINGAMENDMENTS.-SuchSection is furtheramended(1) in subsection (c)(A) by striking out “him” in paragraph (1) and insertingin lieu thereof “the AssistantSecretary’ ; and(B) by striking out “, or his designee” in paragraph (2);(2) by striking outsubsection (d); and(3) by redesignating subsection (e) ( a s amended by subsection(b) of this section) as subsection (d).(b) PRECEDENCE.-SubsectionSEC. 107. COMPTROLLEROF THE DEPARTMENTOF DEFENSEChapter 4 is further amended by inserting after section 136 thefollowing new section:10 USC 137.‘ § 137, Comptroller“(a) There is a Comptroller of the Department of Defense, a ppointed from civilian life by the President, by and with the adviceand consent of the Senate.“(b) The Comptroller shall perform such duties and exercise suchpowers as the Secretary of Defense may prescribe.“(c) TheComptroller shall advise and assist the Secretary ofDefense“(1) in performing such budgetary and fiscal functions andduties, and in exercising such budgetary and fiscal powers, asare needed to carry out the powers of the Secretary;“(2) in supervising and directing the preparation of budgetestimates of the Department of Defense;“(3) inestablishing and supervising the execution of principles, policies, and procedures to be followed in connection withorganizational and administrative matters relatingto“(A) the preparation andexecution of budgets;“(B) fiscal, cost, operating, and capital property accounting; and“(C)progress and statistical reporting;“(4) in establishing and supervising the execution of policiesand procedures relating to the expenditure andcollection offunds administeredby the Department of Defense; and“(5) in establishinguniform terminologies, classifications, andprocedures concerning matters covered by clauses (1) through(4).”.SEC. 108. INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSEChapter 4 is further amended by inserting after section 139 ( a sredesignated by section 101(a))the following new section:" § 140. Inspector General“(a)There is an Inspector General of the Department of Defense,who is appointed as provided in section 3 of the Inspector GeneralAct of 1978 (Public Law 95-452; 5 U.S.C. App. 3).

PUBLIC LAW 99-433-OCT.19861,100 STAT. 999“(b) The Inspector General performs the duties, has the responsibilities, and exercises the powers specified in theInspector General5 USC app.Act of 1978.”.SEC. 109. MANAGEMENT STUDIES OF OFFICE OF THE SECRETARY OFDEFENSE10 USC 131 note.(a) SECRETARYOF DEFENSESTUDY.-The Secretary of Defense shallconduct a study of the functions and organization of the Office of theSecretary of Defense. The study shall consider whether the presentallocation of functions to, and the organizational structure of, theOffice constitute the most effective, efficient, and economical allocation and structure of the Office to assist the Secretary in carryingout his duties andresponsibilities. The study shallinclude consideration of each of the mattersspecified in subsection (d).(b) SERVICESECRETARIESJOINTStudy.-(l) The Secretaries of themilitary departments shall conduct a joint study of the functionsand organization of the Office of the Secretary of Defense. The studyshall be conducted independently of the study conducted by theReports.Secretary of Defense under subsection (a). TheSecretariesshallsubmit a joint report to the Secretaryof Defense on such studyat atime specified by the Secretary. Exceptas provided in paragraph(2),the report shall include a discussion of and recommendationsconcerning each of the mattersspecified in subsection (d).(2) The Secretary of Defense shall determine the extent towhich,and prescribe the procedures under which, the Secretaries of themilitary departments shall studythe matters specified in subsection(d)(1)(A) relating to contingency planning and military operations.(c) CHAIRMANOF JCS STUDY.-The Chairman of the JointChiefs ofStaff shall conduct a study of the functions and organization of theOffice of the Secretary of Defense. The study shall be conductedindependently of the study conducted by the Secretary of Defenseunder subsection (a). The Chairman shall submit a reportto the Reports.Secretary of Defense onsuchstudyat a time specified by theSecretary. The report shall includea discussion of and recommendations concerning the matters specified in paragraphs (l)(C), (l)(D),(2), (3), (5), and (6) of subsection (d).(d) MATTERSTo BE INCLUDED.-The study required by subsection(a)shall include considerationof the following:(1)Whether the present organizationof the Office(A) is optimally structuredto assist the Secretary ofDefense in the effective exercise of civilian control of theDepartment of Defense, including civilian controlof(i) defense policy development andstrategicplanning;(ii)program and budget development;(iii) policy, program, and budget execution;(iv) contingency planning; and(V) military operations;(B) is the most effective and efficient organization for theinitiation, development, and articulation of defense policy;(C) ensures that strategic planning andcontingency planning are linked to, and derived from,nationalsecuritystrategy, policies, and objectives; and(D) inhibits integration of the capabilities of the ArmedForces along mission lines.

100 STAT. 1000PUBLIC LAW 99-433-OCT. 1, 1986(2) Whethertheplanning,programming,and budgetingsystem of the Department of Defense (including the role of theOffice in such system) needsto be revised(A) to strengthen strategic planning andpolicy direction;(B) to ensure that strategic planning is consistent withnational security strategy,policies, and objectives;(C) to ensure that there is a sufficient relationship between strategic planning and the resource levels projectedto be available forthe period for which the planning is tobeeffective;(D) to ensure that strategic planning andprogram development give sufficient attentiontoallianceswithothernations;(E) to provide for more effective oversight, control, andevaluation of policy, program, and budget execution; and(F) to ensure that pastprogram and budget decisions areeffectively evaluated, that such evaluations are supportedby consistent, complete, and timely financial and performance data, and that such evaluationsare fully considered inthe next planning, programming, and budgetingcycle.(3) Whether the major force program categories of the FiveassistYear Defense Plan could be restructuredtobetterdecisionmaking and management control.(4) Means to improve and strengthen the oversight functionwithin each element of the Office in policy areas not addressedby the planning, programming, and budgeting system.(5) Factors inhibiting efficientand effective execution of thefunctions of the Office, including factorsrelating to(A) duplication of functions (both within the Office andbetween the Office and other elementsof the Department);(B) insufficient information;and(C) insufficient resources (including personnel).(6) Alternative allocations of authorities and functions of theOffice and other reorganization proposals for the Office, including the desirability of(A) establishing Under Secretariesof Defense for missionoriented areas of responsibility;(B) decentralizing functionsof the Office;(C) reducing the number of officials reporting directly tothe Secretary of Defense; and(D) changing the ratioof members of the Armed Forces tocivilian employees in theOffice.(7) Whether political appointees in theOffice of the Secretaryof Defense have sufficientexperienceand expertise, uponappointment, tobe capable of contributing immediately toeffective policy formulation and management.(e) ANALYSISOF CIVILIANCONTROL.--(1) The Secretaryof Defense,in considering under subsection (d)(1)(A) whether effective civiliancontrol of the Department of Defense is best assisted by the currentstructure of the Office, shall examinethe functions performed in theWages.Office bymernbers of the Armed Forces on the active-duty list; and(B) members of the Armed Forces in a retired status andmembers of the reserve components who are employed in acivilian capacity.(2) Such examination shall include a determination of the totalnumber of positions in the Office of the Secretary of Defense above

PUBLIC LAW 99-433-OCT.19861,100 STAT. 1001grade GS-8 andthemilitaryequivalent ( a s determined by theSecretary of Defense), and of such number(A) the number of positions held by members of the ArmedForces on the active-duty list, shown for the military equivalentof each civilian pay grade by number andas a percentage of thetotal number of positions in theOffice in thecivilian pay gradeconcerned and in the military equivalent of such civilian paygrade;(B) the number of such positions held by members of theArmed Forces in a retired status who are serving in a civiliancapacity, shown for each civilian pay grade thein same manneras provided under clause (A);and(C) the number of such positions held by members of thereserve components who are servingin a civilian capacity,asshown for eachcivilian pay gradeinthesamemannerprovided under clause(A).(3) In determining the total number of positions in the Office ofthe Secretary of Defense in grades above GS-8, the Secretary shallexclude positions which are primarily clerical or secretarial.(f) INDEPENDENTCONTRACTORSTUDY.-The Secretary shall providefor an independentstudy to be carriedout by a contractortoconsider the same matters required to be considered by the Secretary under subsection (d). The Secretary shall ensurethat thecontractor has full access tosuchinformationas the contractorrequires and that the contractorotherwise receives full cooperationfrom all officials and entitiesof the Department of Defense.(g) REPORTTO CONGRESS.-(1) TheSecretary of Defense shallsubmit to Congress a report on the Secretary’s study under subsection (a). The report shallinclude(A) the findings and conclusions of the Secretary with respectto eachof the matters set forth subsectionin(d);(B) the findings and statistical determinations required undersubsection (e);and(C) any recommendations of the Secretary for organizationalchanges in the Office of the Secretary of Defense and a description of themeans for implementingeachrecommendation.(2) TheSecretaryshallincludewiththe report a copy of thereports to the Secretary under subsections (b) and (c) and a copy ofthe report of the independent contractor under subsection (f), together with such comments on each such report as the Secretaryconsiders appropriate.(3) The report under this subsection shall be submitted not laterthan one year afterthe dateof the enactment of this Act.SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS(a) CONFORMINGAMENDMENTFOR OFFICEOF SECRETARYOF DEFENSE.-chapter 41 is amended(1)by strikingoutsection 718; and(2) by striking out the item relating to thatsection in thetable of sections at the beginning of such chapter.(b) REVISIONOF OLDSECTION138.-Section 114 (as transferred andredesignated by section 101(a))is amended(1) by striking out the section heading and inserting in lieuthereof the following:10 USC 711 etset!.

100 STAT. 100210 USC 114.PUBLIC LAW99-433-OCT.1,1986“§ 114.Annualauthorization of appropriations”;(2) by transferring subsection (h) to the end of section 113 ( a stransferred and redesignated by section 101(a) and amended bysection 102) and redesignating such subsection as subsection (i);(3) by striking out“(as defined in subsection (f))’’ in subsection(a)(6);(4) by inserting aftersubsection.(a) the following:“§115. Annual authorization of personnel strengths; annual manpower requirements report”;(5) by redesignating subsections (b), (c), and (d) as subsections(a),(b), and (c), respectively;(6) by inserting after such subsection (c) ( a s so redesignated)the following:“§ 116.Annual operations and maintenance report”;(7) by redesignating subsection(e)as subsection (a);(8) by transferring subsection (f)(l) the end of section 114 ( a sdetermined by the amendments made by this subsection) andstriking out “(f)(l)” therein and inserting, in lieu thereof “(b)”;(9) by

TITLE I-DEPARTMENT OF DEFENSE GENERALLY SEC. 101. ORGANIZATION OF THE DEPARTMENT OF DEFENSE (a) REORGANIZATION OF CODE.-(1) Part I of subtitle A is amended by inserting after chapter 1 the following new chapter: "CHAPTER 2-DEPARTMENT OF DEFENSE "Sec. "111. Executive department. "112. Department of Defense: seal. "113.