-CITE-

10 USC CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF

DEFENSE FIELD ACTIVITIES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

.

-HEAD-

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

-MISC1-

Subchapter Sec.

I. Common Supply and Service Activities 191

II. Miscellaneous Defense Agency Matters 201

-CITE-

10 USC SUBCHAPTER I - COMMON SUPPLY AND SERVICE

ACTIVITIES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER I - COMMON SUPPLY AND SERVICE ACTIVITIES

.

-HEAD-

SUBCHAPTER I - COMMON SUPPLY AND SERVICE ACTIVITIES

-MISC1-

Sec.

191. Secretary of Defense: authority to provide for common

performance of supply or service activities.

192. Defense Agencies and Department of Defense Field Activities:

oversight by the Secretary of Defense.

193. Combat support agencies: oversight.

194. Limitations on personnel.

195. Defense Automated Printing Service: applicability of Federal

printing requirements.

196. Department of Defense Test Resource Management Center.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title II, Sec. 231(a)(2), Dec.

2, 2002, 116 Stat. 2489, added item 196.

1997 - Pub. L. 105-85, div. A, title III, Sec. 383(b), Nov. 18,

1997, 111 Stat. 1711, added item 195.

1986 - Pub. L. 99-433, title III, Sec. 301(a)(2), Oct. 1, 1986,

100 Stat. 1019, inserted ''AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES'' in chapter heading, added subchapter analysis and

subchapter I analysis, and struck out former chapter analysis

consisting of item 191 ''Unauthorized use of Defense Intelligence

Agency name, initials, or seal''.

1985 - Pub. L. 99-145, title XIII, Sec. 1302(a)(2), Nov. 8, 1985,

99 Stat. 737, redesignated item 192 ''Benefits for certain

employees of the Defense Intelligence Agency'' as item 1605 and

transferred it to chapter 83 of this title.

1983 - Pub. L. 98-215, title V, Sec. 501(b), Dec. 9, 1983, 97

Stat. 1479, added item 192.

1982 - Pub. L. 97-269, title V, Sec. 501(a), Sept. 27, 1982, 96

Stat. 1144, added chapter 8 heading and analysis of sections for

chapter 8, consisting of a single item 191.

-CITE-

10 USC Sec. 191 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER I - COMMON SUPPLY AND SERVICE ACTIVITIES

-HEAD-

Sec. 191. Secretary of Defense: authority to provide for common

performance of supply or service activities

-STATUTE-

(a) Authority. - Whenever the Secretary of Defense determines

such action would be more effective, economical, or efficient, the

Secretary may provide for the performance of a supply or service

activity that is common to more than one military department by a

single agency of the Department of Defense.

(b) Designation of Common Supply or Service Agency. - Any agency

of the Department of Defense established under subsection (a) (or

under the second sentence of section 125(d) of this title (as in

effect before October 1, 1986)) for the performance of a supply or

service activity referred to in such subsection shall be designated

as a Defense Agency or a Department of Defense Field Activity.

-SOURCE-

(Added Pub. L. 99-433, title III, Sec. 301(a)(2), Oct. 1, 1986, 100

Stat. 1019; amended Pub. L. 100-26, Sec. 7(i)(1), Apr. 21, 1987,

101 Stat. 282.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (d) of section 125 of this title, referred to in

subsec. (b), was repealed by section 301(b)(1) of Pub. L. 99-433.

-MISC2-

PRIOR PROVISIONS

A prior section 191 was renumbered section 202 of this title and

subsequently repealed.

AMENDMENTS

1987 - Subsec. (b). Pub. L. 100-26 substituted ''October 1,

1986'' for ''the date of the enactment of the Goldwater-Nichols

Department of Defense Reorganization Act of 1986''.

COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE LOGISTICS

AGENCY

Pub. L. 106-398, Sec. 1 ((div. A), title IX, Sec. 917), Oct. 30,

2000, 114 Stat. 1654, 1654A-232, provided that:

''(a) Comptroller General Review Required. - The Comptroller

General shall review the operations of the Defense Logistics Agency

-

''(1) to assess -

''(A) the efficiency of those operations;

''(B) the effectiveness of those operations in meeting

customer requirements; and

''(C) the flexibility of those operations to adopt best

business practices; and

''(2) to identify alternative approaches for improving the

operations of that agency.

''(b) Report. - Not later than February 1, 2002, the Comptroller

General shall submit to the Committees on Armed Services of the

Senate and the House of Representatives one or more reports setting

forth the Comptroller General's findings resulting from the review

under subsection (a).''

COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE INFORMATION

SYSTEMS AGENCY

Pub. L. 106-398, Sec. 1 ((div. A), title IX, Sec. 918), Oct. 30,

2000, 114 Stat. 1654, 1654A-232, provided that:

''(a) Comptroller General Review Required. - The Comptroller

General shall review the operations of the Defense Information

Systems Agency -

''(1) to assess -

''(A) the efficiency of those operations;

''(B) the effectiveness of those operations in meeting

customer requirements; and

''(C) the flexibility of those operations to adopt best

business practices; and

''(2) to identify alternative approaches for improving the

operations of that agency.

''(b) Report. - Not later than February 1, 2002, the Comptroller

General shall submit to the Committees on Armed Services of the

Senate and the House of Representatives one or more reports setting

forth the Comptroller General's findings resulting from the review

under subsection (a).''

REASSESSMENT OF DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

Section 303 of Pub. L. 99-433 directed Secretary of Defense to

conduct a study of functions and organizational structure of

Defense Agencies and Department of Defense Field Activities to

determine the most effective, economical, or efficient means of

providing supply or service activities common to more than one

military department, with Secretary to submit a report to Congress

not later than Oct. 1, 1987. The report was to include a study of

improved application of computer systems to functions of Defense

Agencies and Department of Defense Field Activities, including a

plan for rapid replacement, where necessary, of existing automated

data processing equipment with new equipment, and plans to achieve

reductions in total number of members of Armed Forces and civilian

employees assigned or detailed to permanent duty in Defense

Agencies and Department of Defense Field Activities (other than

National Security Agency) by 5 percent, 10 percent, and 15 percent

of total number of such members and employees projected to be

assigned or detailed to such duty on Sept. 30, 1988, together with

a discussion of implications of each such reduction and a draft of

any legislation that would be required to implement each such plan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 113, 192, 196 of

this title.

-CITE-

10 USC Sec. 192 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER I - COMMON SUPPLY AND SERVICE ACTIVITIES

-HEAD-

Sec. 192. Defense Agencies and Department of Defense Field

Activities: oversight by the Secretary of Defense

-STATUTE-

(a) Overall Supervision. - (1) The Secretary of Defense shall

assign responsibility for the overall supervision of each Defense

Agency and Department of Defense Field Activity designated under

section 191(b) of this title -

(A) to a civilian officer within the Office of the Secretary of

Defense listed in section 131(b) of this title; or

(B) to the Chairman of the Joint Chiefs of Staff.

(2) An official assigned such a responsibility with respect to a

Defense Agency or Department of Defense Field Activity shall advise

the Secretary of Defense on the extent to which the program

recommendations and budget proposals of such agency or activity

conform with the requirements of the military departments and of

the unified and specified combatant commands.

(3) This subsection does not apply to the Defense Intelligence

Agency or the National Security Agency.

(b) Program and Budget Review. - The Secretary of Defense shall

establish procedures to ensure that there is full and effective

review of the program recommendations and budget proposals of each

Defense Agency and Department of Defense Field Activity.

(c) Periodic Review. - (1) Periodically (and not less often than

every two years), the Secretary of Defense shall review the

services and supplies provided by each Defense Agency and

Department of Defense Field Activity to ensure that -

(A) there is a continuing need for each such agency and

activity; and

(B) the provision of those services and supplies by each such

agency and activity, rather than by the military departments, is

a more effective, economical, or efficient manner of providing

those services and supplies or of meeting the requirements for

combat readiness of the armed forces.

(2) Paragraph (1) shall apply to the National Security Agency as

determined appropriate by the Secretary, in consultation with the

Director of Central Intelligence. The Secretary shall establish

procedures under which information required for review of the

National Security Agency shall be obtained.

(d) Special Rule for Defense Commissary Agency. - Notwithstanding

the results of any periodic review under subsection (c) with regard

to the Defense Commissary Agency, the Secretary of Defense may not

transfer to the Secretary of a military department the

responsibility to manage and fund the provision of services and

supplies provided by the Defense Commissary Agency unless the

transfer of the management and funding responsibility is

specifically authorized by a law enacted after October 17, 1998.

-SOURCE-

(Added Pub. L. 99-433, title III, Sec. 301(a)(2), Oct. 1, 1986, 100

Stat. 1020; amended Pub. L. 105-261, div. A, title III, Sec.

361(a), Oct. 17, 1998, 112 Stat. 1984; Pub. L. 106-65, div. A,

title X, Sec. 1066(a)(3), Oct. 5, 1999, 113 Stat. 770.)

-MISC1-

PRIOR PROVISIONS

A prior section 192, Pub. L. 98-215, title V, Sec. 501(a), Dec.

9, 1983, 97 Stat. 1478, which related to benefits for certain

personnel of the Defense Intelligence Agency, was redesignated as

section 1605 of this title and amended by Pub. L. 99-145, title

XIII, Sec. 1302(a)(1), Nov. 8, 1985, 99 Stat. 737. Provisions of

prior section 192 as related to members of the armed forces were

enacted as section 431 of Title 37, Pay and Allowances of the

Uniformed Services, by section 1302(b)(1) of Pub. L. 99-145.

AMENDMENTS

1999 - Subsec. (d). Pub. L. 106-65 substituted ''October 17,

1998'' for ''the date of the enactment of this subsection''.

1998 - Subsec. (d). Pub. L. 105-261 added subsec. (d).

FIRST REVIEW OF DEFENSE AGENCIES BY SECRETARY OF DEFENSE

Section 304(a) of Pub. L. 99-433 provided that: ''The first

review under section 192(c) of title 10, United States Code (as

added by section 301(a)), shall be completed not later than two

years after the date that the report under section 303(e) (see

section 303(f) of Pub. L. 99-433, set out as a note under section

191 of this title) is required to be submitted to Congress.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2482 of this title.

-CITE-

10 USC Sec. 193 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER I - COMMON SUPPLY AND SERVICE ACTIVITIES

-HEAD-

Sec. 193. Combat support agencies: oversight

-STATUTE-

(a) Combat Readiness. - (1) Periodically (and not less often than

every two years), the Chairman of the Joint Chiefs of Staff shall

submit to the Secretary of Defense a report on the combat support

agencies. Each such report shall include -

(A) a determination with respect to the responsiveness and

readiness of each such agency to support operating forces in the

event of a war or threat to national security; and

(B) any recommendations that the Chairman considers

appropriate.

(2) In preparing each such report, the Chairman shall review the

plans of each such agency with respect to its support of operating

forces in the event of a war or threat to national security. After

consultation with the Secretaries of the military departments and

the commanders of the unified and specified combatant commands, as

appropriate, the Chairman may, with the approval of the Secretary

of Defense, take steps to provide for any revision of those plans

that the Chairman considers appropriate.

(b) Participation in Joint Training Exercises. - The Chairman

shall -

(1) provide for the participation of the combat support

agencies in joint training exercises to the extent necessary to

ensure that those agencies are capable of performing their

support missions with respect to a war or threat to national

security; and

(2) assess the performance in joint training exercises of each

such agency and, in accordance with guidelines established by the

Secretary of Defense, take steps to provide for any change that

the Chairman considers appropriate to improve that performance.

(c) Readiness Reporting System. - The Chairman shall develop, in

consultation with the director of each combat support agency, a

uniform system for reporting to the Secretary of Defense, the

commanders of the unified and specified combatant commands, and the

Secretaries of the military departments concerning the readiness of

each such agency to perform with respect to a war or threat to

national security.

(d) Review of National Security Agency and National Imagery and

Mapping Agency. - (1) Subsections (a), (b), and (c) shall apply to

the National Security Agency and the National Imagery and Mapping

Agency, but only with respect to combat support functions that the

agencies perform for the Department of Defense.

(2) The Secretary, after consulting with the Director of Central

Intelligence, shall establish policies and procedures with respect

to the application of subsections (a), (b), and (c) to the National

Security Agency and the National Imagery and Mapping Agency.

(e) Combat Support Capabilities of DIA, NSA, and NIMA. - The

Secretary of Defense, in consultation with the Director of Central

Intelligence, shall develop and implement, as they may determine to

be necessary, policies and programs to correct such deficiencies as

the Chairman of the Joint Chiefs of Staff and other officials of

the Department of Defense may identify in the capabilities of the

Defense Intelligence Agency, the National Security Agency, and the

National Imagery and Mapping Agency to accomplish assigned missions

in support of military combat operations.

(f) Definition of Combat Support Agency. - In this section, the

term ''combat support agency'' means any of the following Defense

Agencies:

(1) The Defense Communications Agency.

(2) The Defense Intelligence Agency.

(3) The Defense Logistics Agency.

(4) The National Imagery and Mapping Agency.

(5) Any other Defense Agency designated as a combat support

agency by the Secretary of Defense.

-SOURCE-

(Added Pub. L. 99-433, title III, Sec. 301(a)(2), Oct. 1, 1986, 100

Stat. 1020; amended Pub. L. 104-201, div. A, title XI, Sec.

1112(c), Sept. 23, 1996, 110 Stat. 2683; Pub. L. 105-85, div. A,

title X, Sec. 1073(a)(5), Nov. 18, 1997, 111 Stat. 1900.)

-MISC1-

AMENDMENTS

1997 - Subsec. (d)(1). Pub. L. 105-85 substituted ''agencies

perform'' for ''agencies performs''.

1996 - Subsec. (d). Pub. L. 104-201, Sec. 1112(c)(1)(A),

substituted ''Review of National Security Agency and National

Imagery and Mapping Agency'' for ''Review of National Security

Agency'' in heading.

Subsec. (d)(1). Pub. L. 104-201, Sec. 1112(c)(1)(B), inserted

''and the National Imagery and Mapping Agency'' after ''the

National Security Agency'' and substituted ''that the agencies''

for ''the Agency''.

Subsec. (d)(2). Pub. L. 104-201, Sec. 1112(c)(1)(C), inserted

''and the National Imagery and Mapping Agency'' after ''the

National Security Agency''.

Subsec. (e). Pub. L. 104-201, Sec. 1112(c)(2), substituted ''DIA,

NSA, and NIMA'' for ''DIA and NSA'' in heading and '', the National

Security Agency, and the National Imagery and Mapping Agency'' for

''and the National Security Agency'' in text.

Subsec. (f)(4). Pub. L. 104-201, Sec. 1112(c)(3), substituted

''The National Imagery and Mapping Agency'' for ''Defense Mapping

Agency''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1124 of title XI of div. A of Pub. L. 104-201 provided

that: ''This title (enacting section 424 and chapter 22 of this

title and sections 404e and 404f of Title 50, War and National

Defense, amending this section, sections 201 and 451 to 456 of this

title, sections 2302, 3132, 4301, 4701, 5102, 5342, 6339, and 7323

of Title 5, Government Organization and Employees, section 105 of

the Ethics in Government Act of 1978, set out in the Appendix to

Title 5, section 82 of Title 14, Coast Guard, section 2006 of Title

29, Labor, section 1336 of Title 44, Public Printing and Documents,

and sections 401a and 403-5 of Title 50, renumbering chapter 22 and

sections 451, 452, 2792 to 2796, and 2798 of this title as chapter

23 and sections 481, 482, 451 to 455, and 456 of this title,

respectively, repealing sections 424, 425, 2791, and 2797 of this

title, enacting provisions set out as notes under section 441 of

this title, and amending provisions set out as a note under section

501 of Title 44) and the amendments made by this title shall take

effect on October 1, 1996, or the date of the enactment of this Act

(Sept. 23, 1996), whichever is later.''

FIRST REPORT AND OTHER ACTIONS BY CHAIRMAN OF JOINT CHIEFS OF STAFF

Section 304(b) of Pub. L. 99-433 required the first report under

subsec. (a) of section 193 of this title to be submitted and

subsecs. (b) and (c) of section 193 to be implemented not later

than one year after Oct. 1, 1986, and a report on implementation to

be submitted to Congress for 1988 under section 113(c) of this

title.

-CITE-

10 USC Sec. 194 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER I - COMMON SUPPLY AND SERVICE ACTIVITIES

-HEAD-

Sec. 194. Limitations on personnel

-STATUTE-

(a) Cap on Headquarters Management Personnel. - The total number

of members of the armed forces and civilian employees assigned or

detailed to permanent duty in the management headquarters

activities or management headquarters support activities in the

Defense Agencies and Department of Defense Field Activities may not

exceed the number that is the number of such members and employees

assigned or detailed to such duty on September 30, 1989.

(b) Cap on Other Personnel. - The total number of members of the

armed forces and civilian employees assigned or detailed to

permanent duty in the Defense Agencies and Department of Defense

Field Activities, other than members and employees assigned to

management headquarters activities or management headquarters

support activities, may not exceed the number that is the number of

such members and employees assigned or detailed to such duty on

September 30, 1989.

(c) Prohibition Against Certain Actions to Exceed Limitations. -

The limitations in subsections (a) and (b) may not be exceeded by

recategorizing or redefining duties, functions, offices, or

organizations.

(d) Exclusion of NSA. - The National Security Agency shall be

excluded in computing and maintaining the limitations required by

this section.

(e) Waiver. - The limitations in this section do not apply -

(1) in time of war; or

(2) during a national emergency declared by the President or

Congress.

(f) Definitions. - In this section, the terms ''management

headquarters activities'' and ''management headquarters support

activities'' have the meanings given those terms in Department of

Defense Directive 5100.73, entitled ''Department of Defense

Management Headquarters and Headquarters Support Activities'' and

dated January 7, 1985.

-SOURCE-

(Added Pub. L. 99-433, title III, Sec. 301(a)(2), Oct. 1, 1986, 100

Stat. 1021; amended Pub. L. 100-180, div. A, title XIII, Sec.

1314(b)(3), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101-189, div. A,

title XVI, Sec. 1622(h)(1), Nov. 29, 1989, 103 Stat. 1605.)

-MISC1-

AMENDMENTS

1989 - Subsecs. (a), (b). Pub. L. 101-189 substituted ''The'' for

''After September 30, 1989, the''.

1987 - Subsec. (e)(2). Pub. L. 100-180 inserted ''the President

or'' after ''declared by''.

REDUCTIONS IN DEFENSE INTELLIGENCE AGENCY PERSONNEL

Pub. L. 100-202, Sec. 101(b) (title VIII, Sec. 8122), Dec. 22,

1987, 101 Stat. 1329-43, 1329-85, provided that nothing in section

102d(1) of Public Law 100-178, 101 Stat. 1010, section 601(b)(2)(A)

of Public Law 99-433, 100 Stat. 1065 (set out below), or section

601(d) of Public Law 99-433, 100 Stat. 1065 (set out below), shall

be construed as requiring or suggesting that the Secretary of

Defense avoid allocating personnel reductions to the Defense

Intelligence Agency, prior to repeal by Pub. L. 100-456, div. A,

title XII, Sec. 1213, Sept. 29, 1988, 102 Stat. 2053.

REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT HEADQUARTERS

ACTIVITIES AND CERTAIN OTHER ACTIVITIES

Section 601 of Pub. L. 99-433, as amended by Pub. L. 100-180,

div. A, title XIII, Sec. 1312, Dec. 4, 1987, 101 Stat. 1174; Pub.

L. 101-189, div. A, title XVI, Sec. 1622(h)(2), Nov. 29, 1989, 103

Stat. 1606, provided that:

''(a) Military Departments and Combatant Commands. - (1) The

total number of members of the Armed Forces and civilian employees

assigned or detailed to duty described in paragraph (2) may not

exceed the number equal to 90 percent of the total number of such

members and employees assigned or detailed to such duty on

September 30, 1986.

''(2) Duty referred to in paragraph (1) is permanent duty in the

military departments and in the unified and specified combatant

commands to perform management headquarters activities or

management headquarters support activities.

''(3) In computing and implementing the limitation in paragraph

(1), the Secretary of Defense shall exclude members and employees

who are assigned or detailed to permanent duty to perform

management headquarters activities or management headquarters

support activities in the following:

''(A) The Office of the Secretary of the Army and the Army

Staff.

''(B) The Office of the Secretary of the Navy, the Office of

the Chief of Naval Operations, and the Headquarters, Marine

Corps.

''(C) The Office of the Secretary of the Air Force and the Air

Staff.

''(D) The immediate headquarters staff of the commander of each

unified or specified combatant command.

''(4) If the Secretary of Defense applies any reduction in

personnel required by the limitation in paragraph (1) to a unified

or specified combatant command, the commander of that command,

after consulting with his directly subordinate commanders, shall

determine the manner in which the reduction shall be accomplished.

''(b) Defense Agencies and DOD Field Activities. - (1)(A) Not

later than September 30, 1988, the Secretary of Defense shall

reduce the total number of members of the Armed Forces and civilian

employees assigned or detailed to permanent duty in the management

headquarters activities and management headquarters support

activities in the Defense Agencies and Department of Defense Field

Activities by a number that is at least 5 percent of the total

number of such members and employees assigned or detailed to such

duty on September 30, 1986.

''(B) Not later than September 30, 1989, the Secretary shall

carry out an additional reduction in such members and employees of

not less than 10 percent of the number of such members and

employees assigned or detailed to such duty on September 30, 1988.

''(C) If the number of members and employees reduced under

subparagraph (A) or (B) is in excess of the reduction required to

be made by that subparagraph, such excess number may be applied to

the number required to be reduced under paragraph (2).

''(2)(A) Not later than September 30, 1988, the Secretary of

Defense shall reduce the total number of members of the Armed

Forces and civilian employees assigned or detailed to permanent

duty in the Defense Agencies and Department of Defense Field

Activities, other than members and employees assigned or detailed

to duty in management headquarters activities or management

headquarters support activities, by a number that is at least 5

percent of the total number of such members and employees assigned

or detailed to such duty on September 30, 1986.

''(B) Not later than September 30, 1989, the Secretary shall

carry out an additional reduction in such members and employees of

not less than 5 percent of the number of such members and employees

assigned or detailed to such duty on September 30, 1988.

''(3) If after the date of the enactment of this Act (Oct. 1,

1986) and before October 1, 1988, the total number of members and

employees described in paragraph (1)(A) or (2)(A) is reduced by a

number that is in excess of the number required to be reduced under

that paragraph, the Secretary may, in meeting the additional

reduction required by paragraph (1)(B) or (2)(B), as the case may

be, offset such additional reduction by that excess number.

''(4) The National Security Agency shall be excluded in computing

and making reductions under this subsection.

''(c) Prohibition Against Certain Actions To Achieve Reductions.

- Compliance with the limitations and reductions required by

subsections (a) and (b) may not be accomplished by recategorizing

or redefining duties, functions, offices, or organizations.

''(d) Allocations To Be Made by Secretary of Defense. - (1) The

Secretary of Defense shall allocate the reductions required to

comply with the limitations in subsections (a) and (b) in a manner

consistent with the efficient operation of the Department of

Defense. If the Secretary determines that national security

requirements dictate that a reduction (or any portion of a

reduction) required by subsection (b) not be made from the Defense

Agencies and Department of Defense Field Activities, the Secretary

may allocate such reduction (or any portion of such reduction) (A)

to personnel assigned or detailed to permanent duty in management

headquarters activities or management headquarters support

activities, or (B) to personnel assigned or detailed to permanent

duty in other than management headquarters activities or management

headquarters support activities, as the case may be, of the

Department of Defense other than the Defense Agencies and

Department of Defense Field Activities.

''(2) Among the actions that are taken to carry out the

reductions required by subsections (a) and (b), the Secretary shall

consolidate and eliminate unnecessary management headquarters

activities and management headquarters support activities.

''(e) Total Reductions. - Reductions in personnel required to be

made under this section are in addition to any reductions required

to be made under other provisions of this Act or any amendment made

by this Act (see Short Title of 1986 Amendment note set out under

section 111 of the title).

''(f) Exclusion. - In computing and making reductions under this

section, there shall be excluded not more than 1,600 personnel

transferred during fiscal year 1988 from the General Services

Administration to the Department of Defense for the purpose of

having the Department of Defense assume responsibility for the

management, operation, and administration of certain real property

under the jurisdiction of that Department.

''(g) Definitions. - For purposes of this section, the terms

'management headquarters activities' and 'management headquarters

support activities' have the meanings given those terms in

Department of Defense Directive 5100.73, entitled 'Department of

Defense Management Headquarters and Headquarters Support

Activities' and dated January 7, 1985.''

-CITE-

10 USC Sec. 195 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER I - COMMON SUPPLY AND SERVICE ACTIVITIES

-HEAD-

Sec. 195. Defense Automated Printing Service: applicability of

Federal printing requirements

-STATUTE-

The Defense Automated Printing Service shall comply fully with

the requirements of section 501 of title 44 relating to the

production and procurement of printing, binding, and blank-book

work.

-SOURCE-

(Added Pub. L. 105-85, div. A, title III, Sec. 383(a), Nov. 18,

1997, 111 Stat. 1711.)

-MISC1-

AUTHORITY TO PROCURE SERVICES FROM GOVERNMENT PRINTING OFFICE

Section 387(c) of Pub. L. 105-85 provided that: ''Consistent with

section 501 of title 44, United States Code, the Secretary of a

military department or head of a Defense Agency may contract

directly with the Government Printing Office for printing and

duplication services otherwise available through the Defense

Automated Printing Service.''

-CITE-

10 USC Sec. 196 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER I - COMMON SUPPLY AND SERVICE ACTIVITIES

-HEAD-

Sec. 196. Department of Defense Test Resource Management Center

-STATUTE-

(a) Establishment as Department of Defense Field Activity. - The

Secretary of Defense shall establish within the Department of

Defense under section 191 of this title a Department of Defense

Test Resource Management Center (hereinafter in this section

referred to as the ''Center''). The Secretary shall designate the

Center as a Department of Defense Field Activity.

(b) Director and Deputy Director. - (1) At the head of the Center

shall be a Director, selected by the Secretary from among

commissioned officers of the armed forces on active duty. The

Director, while so serving, holds the grade of lieutenant general

or, in the case of an officer of the Navy, vice admiral.

(2) There shall be a Deputy Director of the Center, selected by

the Secretary from among senior civilian officers and employees of

the Department of Defense who have substantial experience in the

field of test and evaluation. The Deputy Director shall act for,

and exercise the powers of, the Director when the Director is

disabled or the position of Director is vacant.

(c) Duties of Director. - The Director shall have the following

duties:

(1) To review and provide oversight of proposed Department of

Defense budgets and expenditures for -

(A) the test and evaluation facilities and resources of the

Major Range and Test Facility Base of the Department of

Defense; and

(B) all other test and evaluation facilities and resources

within and outside of the Department of Defense.

(2) To complete and maintain the strategic plan required by

subsection (d).

(3) To review proposed budgets under subsection (e) and submit

reports and certifications required by such subsection.

(4) To administer the Central Test and Evaluation Investment

Program and the program of the Department of Defense for test and

evaluation science and technology.

(d) Strategic Plan for Department of Defense Test and Evaluation

Resources. - (1) Not less often than once every two fiscal years,

the Director, in coordination with the Director of Operational Test

and Evaluation, the Secretaries of the military departments, and

the heads of Defense Agencies with test and evaluation

responsibilities, shall complete a strategic plan reflecting the

needs of the Department of Defense with respect to test and

evaluation facilities and resources. Each such strategic plan

shall cover the period of ten fiscal years beginning with the

fiscal year in which the plan is submitted under paragraph (3). The

strategic plan shall be based on a comprehensive review of the test

and evaluation requirements of the Department and the adequacy of

the test and evaluation facilities and resources of the Department

to meet those requirements.

(2) The strategic plan shall include the following:

(A) An assessment of the test and evaluation requirements of

the Department for the period covered by the plan.

(B) An identification of performance measures associated with

the successful achievement of test and evaluation objectives for

the period covered by the plan.

(C) An assessment of the test and evaluation facilities and

resources that will be needed to meet such requirements and

satisfy such performance measures.

(D) An assessment of the current state of the test and

evaluation facilities and resources of the Department.

(E) An itemization of acquisitions, upgrades, and improvements

necessary to ensure that the test and evaluation facilities and

resources of the Department are adequate to meet such

requirements and satisfy such performance measures.

(F) An assessment of the budgetary resources necessary to

implement such acquisitions, upgrades, and improvements.

(3) Upon completing a strategic plan under paragraph (1), the

Director shall submit to the Secretary of Defense a report on that

plan. The report shall include the plan and a description of the

review on which the plan is based.

(4) Not later than 60 days after the date on which the report is

submitted under paragraph (3), the Secretary of Defense shall

transmit to the Committee on Armed Services and Committee on

Appropriations of the Senate and the Committee on Armed Services

and Committee on Appropriations of the House of Representatives the

report, together with any comments with respect to the report that

the Secretary considers appropriate.

(e) Certification of Budgets. - (1) The Secretary of Defense,

acting through the Under Secretary of Defense (Comptroller), shall

require that the Secretary of each military department, the

Director of Operational Test and Evaluation, and the head of each

Defense Agency with test and evaluation responsibilities transmit

such Secretary's, Director's, or head's proposed budget for test

and evaluation activities for a fiscal year to the Director of the

Center for review under paragraph (2) before submitting such

proposed budget to the Under Secretary of Defense (Comptroller).

(2)(A) The Director of the Center shall review each proposed

budget transmitted under paragraph (1) and shall, not later than

January 31 of the year preceding the fiscal year for which such

budgets are proposed, submit to the Secretary of Defense a report

containing the comments of the Director with respect to all such

proposed budgets, together with the certification of the Director

as to whether such proposed budgets are adequate.

(B) The Director shall also submit, together with such report and

such certification, an additional certification as to whether such

proposed budgets provide balanced support for such strategic plan.

(3) The Secretary of Defense shall, not later than March 31 of

the year preceding the fiscal year for which such budgets are

proposed, submit to Congress a report on those proposed budgets

which the Director has not certified under paragraph (2)(A) to be

adequate. The report shall include the following matters:

(A) A discussion of the actions that the Secretary proposes to

take, together with any recommended legislation that the

Secretary considers appropriate, to address the inadequacy of the

proposed budgets.

(B) Any additional comments that the Secretary considers

appropriate regarding the inadequacy of the proposed budgets.

(f) Supervision of Director by Under Secretary. - The Director of

the Center shall be subject to the supervision of the Under

Secretary of Defense for Acquisition, Technology, and Logistics.

The Director shall report directly to the Under Secretary, without

the interposition of any other supervising official.

(g) Administrative Support of Center. - The Secretary of Defense

shall provide the Director with administrative support adequate for

carrying out the Director's responsibilities under this section.

The Secretary shall provide the support out of the headquarters

activities of the Department or any other activities that the

Secretary considers appropriate.

(h) Definition. - In this section, the term ''Major Range and

Test Facility Base'' means the test and evaluation facilities and

resources that are designated by the Director of Operational Test

and Evaluation as facilities and resources comprising the Major

Range and Test Facility Base.

-SOURCE-

(Added Pub. L. 107-314, div. A, title II, Sec. 231(a)(1), Dec. 2,

2002, 116 Stat. 2487.)

-MISC1-

ADMINISTRATION OF PROGRAMS TO BEGIN AFTER FIRST STRATEGIC PLAN

Pub. L. 107-314, div. A, title II, Sec. 231(b), (c), Dec. 2,

2002, 116 Stat. 2489, provided that:

''(b) First Strategic Plan. - The first strategic plan required

to be completed under subsection (d)(1) of section 196 of title 10,

United States Code (as added by subsection (a)), shall be completed

not later than six months after the date of the enactment of this

Act (Dec. 2, 2002).

''(c) Administration of CTEIP and DOD T&E S&T Programs. - The

duty of the Director of the Department of Defense Test Resource

Management Center to administer the programs specified in

subsection (c)(4) of section 196 of title 10, United States Code

(as added by subsection (a)), shall take effect, and such programs

shall be placed under control of such Director, upon the beginning

of the first fiscal year that begins after the report on the first

strategic plan referred to subsection (b) is transmitted to the

congressional committees required by subsection (d)(4) of such

section 196.''

-CITE-

10 USC SUBCHAPTER II - MISCELLANEOUS DEFENSE AGENCY

MATTERS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER II - MISCELLANEOUS DEFENSE AGENCY MATTERS

.

-HEAD-

SUBCHAPTER II - MISCELLANEOUS DEFENSE AGENCY MATTERS

-MISC1-

Sec.

201. Certain intelligence officials: consultation and concurrence

regarding appointments; evaluation of performance.

(202. Repealed.)

203. Director of Missile Defense Agency.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title II, Sec. 225(b)(1)(B)(ii),

Dec. 2, 2002, 116 Stat. 2486, substituted ''Missile Defense

Agency'' for ''Ballistic Missile Defense Organization'' in item

203.

1997 - Pub. L. 105-107, title V, Sec. 503(d)(1), Nov. 20, 1997,

111 Stat. 2262, struck out item 202 ''Unauthorized use of Defense

Intelligence Agency name, initials, or seal''.

Pub. L. 105-85, div. A, title II, Sec. 235(b), Nov. 18, 1997,

111 Stat. 1665, added item 203.

1996 - Pub. L. 104-201, div. A, title XI, Sec. 1103(b), Sept.

23, 1996, 110 Stat. 2677, substituted ''Certain intelligence

officials: consultation and concurrence regarding appointments;

evaluation of performance'' for ''Consultation regarding

appointment of certain intelligence officials'' in item 201.

1991 - Pub. L. 102-190, div. A, title IX, Sec. 922(b), Dec. 5,

1991, 105 Stat. 1453, added item 201 and redesignated former item

201 as 202.

1986 - Pub. L. 99-433, title III, Sec. 301(a)(2), Oct. 1, 1986,

100 Stat. 1022, added subchapter heading and analysis of sections

for subchapter II.

-CITE-

10 USC Sec. 201 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER II - MISCELLANEOUS DEFENSE AGENCY MATTERS

-HEAD-

Sec. 201. Certain intelligence officials: consultation and

concurrence regarding appointments; evaluation of performance

-STATUTE-

(a) Consultation Regarding Appointment. - Before submitting a

recommendation to the President regarding the appointment of an

individual to the position of Director of the Defense Intelligence

Agency, the Secretary of Defense shall consult with the Director of

Central Intelligence regarding the recommendation.

(b) Concurrence in Appointment. - (1) Before submitting a

recommendation to the President regarding the appointment of an

individual to a position referred to in paragraph (2), the

Secretary of Defense shall seek the concurrence of the Director of

Central Intelligence in the recommendation. If the Director does

not concur in the recommendation, the Secretary may make the

recommendation to the President without the Director's concurrence,

but shall include in the recommendation a statement that the

Director does not concur in the recommendation.

(2) Paragraph (1) applies to the following positions:

(A) The Director of the National Security Agency.

(B) The Director of the National Reconnaissance Office.

(C) The Director of the National Imagery and Mapping Agency.

(c) Performance Evaluations. - (1) The Director of Central

Intelligence shall provide annually to the Secretary of Defense,

for the Secretary's consideration, an evaluation of the performance

of the individuals holding the positions referred to in paragraph

(2) in fulfilling their respective responsibilities with regard to

the National Foreign Intelligence Program.

(2) The positions referred to in paragraph (1) are the following:

(A) The Director of the National Security Agency.

(B) The Director of the National Reconnaissance Office.

(C) The Director of the National Imagery and Mapping Agency.

-SOURCE-

(Added Pub. L. 102-190, div. A, title IX, Sec. 922(a)(2), Dec. 5,

1991, 105 Stat. 1453; amended Pub. L. 104-201, div. A, title XI,

Sec. 1103(a), Sept. 23, 1996, 110 Stat. 2676.)

-MISC1-

PRIOR PROVISIONS

A prior section 201 was renumbered section 202 of this title and

subsequently repealed.

AMENDMENTS

1996 - Pub. L. 104-201 substituted ''Certain intelligence

officials: consultation and concurrence regarding appointments;

evaluation of performance'' for ''Consultation regarding

appointment of certain intelligence officials'' in section

catchline and amended text generally. Prior to amendment, text

read as follows: ''Before submitting a recommendation to the

President regarding the appointment of an individual to the

position of Director of the Defense Intelligence Agency or Director

of the National Security Agency, the Secretary of Defense shall

consult with the Director of Central Intelligence regarding the

recommendation.''

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

this title.

SIMILAR PROVISIONS

Provisions similar to those in subsecs. (a) and (b) of this

section are contained in section 403-6(a) and (b) of Title 50, War

and National Defense.

DEFENSE INTELLIGENCE AGENCY

Section 921 of Pub. L. 102-190, as amended by Pub. L. 103-337,

div. A, title X, Sec. 1070(d)(1), Oct. 5, 1994, 108 Stat. 2858,

provided that:

''(a) Supervision. - Subject to the authority, direction, and

control of the Secretary of Defense, the Assistant Secretary of

Defense referred to in section 138(b)(3) of title 10, United States

Code, may during the period beginning on the date of the enactment

of this Act (Dec. 5, 1991) and ending on January 1, 1993, be

assigned supervision of the Defense Intelligence Agency but,

notwithstanding any other provision of law, may not be assigned

day-to-day operational control over the Defense Intelligence

Agency.

''(b) Responsibilities of Director. - Subject to the authority,

direction, and control of the Secretary of Defense, the

responsibilities of the Director of the Defense Intelligence Agency

during the period beginning on the date of the enactment of this

Act (Dec. 5, 1991) and ending on January 1, 1993, shall include the

following:

''(1) Providing intelligence and intelligence support to -

''(A) the Secretary of Defense;

''(B) the Director of Central Intelligence;

''(C) the Chairman of the Joint Chiefs of Staff; and

''(D) the commanders of the unified and specified combatant

commands.

''(2) Managing the General Defense Intelligence Program,

including -

''(A) preparing, reviewing, and submitting to the Secretary

of Defense and the Director of Central Intelligence the budget

proposal for that program for any fiscal year; and

''(B) supervising the overall execution of the budgets and

programs of all functional areas within the General Defense

Intelligence Program, with emphasis on science and technology

activities, human intelligence activities, and imagery

activities.

''(3) Ensuring that the roles and authorities of the functional

managers within the Defense Intelligence Agency are strong enough

to ensure that those managers have a significant role in the

preparation, review, approval, and supervision of the overall

execution of the budgets and programs within their areas of

responsibility.

The provision of substantive intelligence by the Director to the

officers named in paragraph (1) shall not be subject to prior

screening by any other official.

''(c) Transfer of Certain Activities To DIA. - The Secretary of

the Army and the Director of the Defense Intelligence Agency shall

take all required actions, including transfer of all necessary

resources, in order to transfer the Armed Forces Medical

Intelligence Center and the Missile and Space Intelligence Center

from the Department of the Army to the control of the Defense

Intelligence Agency. Transfers pursuant to the preceding sentence

shall be completed not later than January 1, 1992.''

JOINT INTELLIGENCE CENTER

Section 923 of Pub. L. 102-190 provided that:

''(a) Requirement for Center. - The Secretary of Defense shall

direct the consolidation of existing single-service current

intelligence centers that are located within the District of

Columbia or its vicinity into a joint intelligence center that is

responsible for preparing current intelligence assessments

(including indications and warning). The joint intelligence center

shall be located within the District of Columbia or its vicinity.

As appropriate for the support of military operations, the joint

intelligence center shall provide for and manage the collection and

analysis of intelligence.

''(b) Management. - The center shall be managed by the Defense

Intelligence Agency in its capacity as the intelligence staff

activity of the Chairman of the Joint Chiefs of Staff.

''(c) Responsiveness to Command Authorities. - The Secretary

shall ensure that the center is fully responsive to the

intelligence needs of the Secretary, the Chairman of the Joint

Chiefs of Staff, and the commanders of the combatant commands.''

-CITE-

10 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER II - MISCELLANEOUS DEFENSE AGENCY MATTERS

-HEAD-

(Sec. 202. Repealed. Pub. L. 105-107, title V, Sec. 503(c), Nov.

20, 1997, 111 Stat. 2262)

-MISC1-

Section, added Pub. L. 97-269, title V, Sec. 501(a), Sept. 27,

1982, 96 Stat. 1145, Sec. 191; amended Pub. L. 98-525, title XIV,

Sec. 1405(6), Oct. 19, 1984, 98 Stat. 2622; renumbered Sec. 201,

Pub. L. 99-433, title III, Sec. 301(a)(1), Oct. 1, 1986, 100 Stat.

1019; renumbered Sec. 202, Pub. L. 102-190, div. A, title IX, Sec.

922(a)(1), Dec. 5, 1991, 105 Stat. 1453; Pub. L. 105-107, title V,

Sec. 503(b), Nov. 20, 1997, 111 Stat. 2262, related to unauthorized

use of Defense Intelligence Agency name, initials, or seal, after

amendment by Pub. L. 105-107, which transferred subsec. (b) to end

of section 425.

-CITE-

10 USC Sec. 203 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 8 - DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD

ACTIVITIES

SUBCHAPTER II - MISCELLANEOUS DEFENSE AGENCY MATTERS

-HEAD-

Sec. 203. Director of Missile Defense Agency

-STATUTE-

If an officer of the armed forces on active duty is appointed to

the position of Director of the Missile Defense Agency, the

position shall be treated as having been designated by the

President as a position of importance and responsibility for

purposes of section 601 of this title and shall carry the grade of

lieutenant general or general or, in the case of an officer of the

Navy, vice admiral or admiral.

-SOURCE-

(Added Pub. L. 105-85, div. A, title II, Sec. 235(a), Nov. 18,

1997, 111 Stat. 1665; amended Pub. L. 107-314, div. A, title II,

Sec. 225(b)(1)(A), (B)(i), Dec. 2, 2002, 116 Stat. 2486.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-314 substituted ''Missile Defense Agency'' for

''Ballistic Missile Defense Organization'' in section catchline and

text.

-CITE-