§ 111. Executive department

§ 111. Executive department

(a) The Department of Defense is an executive department of the United States.

(b) The Department is composed of the following:

(1) The Office of the Secretary of Defense.

(2) The Joint Chiefs of Staff.

(3) The Joint Staff.

(4) The Defense Agencies.

(5) Department of Defense Field Activities.

(6) The Department of the Army.

(7) The Department of the Navy.

(8) The Department of the Air Force.

(9) The unified and specified combatant commands.

(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.

(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).

(c) If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.

(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 517, § 131; renumbered § 111 and amended Pub. L. 99–433, title I, § 101(a)(2), (b), Oct. 1, 1986, 100 Stat. 994, 995.)

The words “There is established”, in 5 U.S.C. 171(a), are omitted as executed. 5 U.S.C. 171(b) (1st 26 words) is omitted as covered by the definitions of “department” and “military departments” in section 101(5) and (7), respectively, of this title. 5 U.S.C. 171(b) (27th through 49th words) is omitted as executed. 5 U.S.C. 171(b) (last 18 words) is omitted as surplusage.

Editorial Notes

Amendments

1986—Pub. L. 99–433 renumbered section 131 of this title as this section, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 104–106, div. A, title IX, § 908, Feb. 10, 1996, 110 Stat. 406, provided that: “(a) Redesignation.—The agency in the Department of Defense known as the Advanced Research Projects Agency shall after the date of the enactment of this Act [Feb. 10, 1996] be designated as the Defense Advanced Research Projects Agency. “(b) References.—Any reference in any law, regulation, document, record, or other paper of the United States or in any provision of this Act to the Advanced Research Projects Agency shall be considered to be a reference to the Defense Advanced Research Projects Agency.”

Short Title of 1986 Amendment

Pub. L. 99–433, § 1(a), Oct. 1, 1986, 100 Stat. 992, provided that: “This Act [see Tables for classification] may be cited as the ‘Goldwater-Nichols Department of Defense Reorganization Act of 1986’.”

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the Department of Defense, including the functions of the Secretary of Defense relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(2), 183(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Missions and functions of elements of Department of Defense as specified in classified annex to Pub. L. 104–201, and related personnel, assets, and balances of appropriations and authorizations of appropriations, transferred to National Imagery and Mapping Agency, see sections 1111 and 1113 of Pub. L. 104–201, set out as notes under section 441 of this title.

Revision of Department of Defense Financial Management Regulation; Establishment of Cross-Functional Team

Pub. L. 118–159, div. A, title X, §§ 1005, 1006, Dec. 23, 2024, 138 Stat. 2047, 2048, provided that: “SEC. 1005. REVISION OF DEPARTMENT OF DEFENSE FINANCIAL MANAGEMENT REGULATION.“(a) Not later than September 30, 2026, the Under Secretary of Defense (Comptroller) shall revise the Department of Defense Financial Management Regulation 7000.14-R. The Under Secretary shall ensure that the revised regulation—“(1) is consistent and clear throughout; “(2) includes updated guidance with respect to legislative and regulatory requirements; and “(3) does not include any outdated guidance or guidance subject to change annually in an annual appropriations Act. “(b) Considerations.—In revising the regulation under subsection (a), the Under Secretary shall—“(1) prioritize clarity and accessibility in the language and direction provided, including improvements to the coordination and approval process for recommended changes; “(2) review and adopt modern financial practices that better align to current development and production cycles; “(3) consider information technology solutions to improve the accessibility and usability of the Financial Management Regulation; and “(4) in consultation with the Cross-Functional Team established under section 1006 consider the recommendations of the Commission on Planning, Programming, Budgeting, and Execution Reform. “(c) Briefing.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], and once every 180 days thereafter during the three-year period following such date of enactment, the Under Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the efforts to revise the Financial Management Regulation. Each such briefing shall include each of the following:“(1) The progress made in revising the Financial Management Regulation. “(2) The plan and timeline for completing revisions to the Financial Management Regulation. “(3) Any barriers to the ability of the Department of Defense to revising the Financial Management Regulation as required under this section. “(4) Any legislation required to complete revisions of the Financial Management Regulation. “(5) Any other information determined relevant by the Secretary. “SEC. 1006. ESTABLISHMENT OF CROSS-FUNCTIONAL TEAM TO OVERSEE IMPLEMENTATION OF RECOMMENDATIONS OF COMMISSION ON PLANNING, PROGRAMMING, BUDGETING, AND EXECUTION REFORM.“(a) In General.—Not later than 60 days after the date of the enactment of this Act [Dec. 23, 2024], using the authority provided under section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) [set out below], the Secretary of Defense shall establish and appropriately resource a cross-functional team to plan and oversee, in coordination with the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the implementation of the recommendations of the Commission on Planning, Programming, Budgeting, and Execution Reform established by section 1004 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1884). “(b) Reporting.—The head of the cross-functional team required by subsection (a) shall be the Under Secretary of Defense (Comptroller) and such team shall report directly to the Deputy Secretary of Defense. “(c) Personnel.—“(1) In general.—The cross-functional team required by subsection (a) shall include dedicated, appropriate personnel with relevant expertise. “(2) Director.—There shall be a Director of the cross-functional team who shall be responsible for leading the daily activities of the cross-functional team. The Under Secretary of Defense (Comptroller) shall select either a member of the Senior Executive Service or a senior military officer to serve as the Director. “(3) Hiring authorities.—In establishing the cross-functional team, the Secretary may—“(A) hire personnel on a temporary or term basis to support the activities of the cross-functional team; and “(B) enter into contracts or other agreements with subject-matter experts with relevant expertise to support the cross-functional team. “(4) Compensation.—Basic pay for personnel on the cross-functional team may be administratively determined and set in accordance with section 3161(d) of title 5, United States Code. “(5) Inapplicability of certain limitation.—An individual hired or selected for service under this subsection who is not assigned to perform functions in, or employed by, the Office of the Secretary of Defense (including performance of direct support activities of that Office and the Washington Headquarters Services of the Department of Defense) as of the date of the enactment of this Act is not subject to the limitations under section 143 of title 10, United States Code. “(d) Consultations With Congress.—Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall—“(1) provide to the congressional defense committees a briefing on the proposed leadership, composition, and charter of the cross-functional team required by subsection (a); and “(2) seek feedback from the congressional defense committees on the recommendations of the Commission on Planning, Programming, Budgeting, and Execution Reform. “(e) Reports.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is three years after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees a report on the efforts of the Department of Defense to implement the recommendations of the Commission. “(f) Termination.—“(1) In general.—Except as provided by paragraph (2), this section and the cross-functional team required by subsection (a) shall terminate on December 31, 2029. “(2) Early disestablishment of team.—The Secretary may, on or after December 31, 2027, and before the termination date specified in paragraph (1), disestablish the cross-functional team required by subsection (a) if—“(A) the Under Secretary of Defense (Comptroller) determines that the cross-functional team is no longer required for the implementation of the recommendations of the Commission on Planning, Programming, Budgeting, and Execution Reform; and “(B) the Secretary—“(i) notifies the congressional defense committees not later than 30 days before disestablishing the cross-functional team; and “(ii) includes in the notification the justification of the Secretary for the disestablishment of the cross-functional team.”

Assessments of Casualties and Fatalities During Hostilities

Pub. L. 118–159, div. A, title X, § 1053, Dec. 23, 2024, 138 Stat. 2061, provided that: “In making assessments of casualties and fatalities during hostilities, the Department of Defense may not cite as authoritative in public communications, fatality figures that are derived by United States-designated terrorist organizations, governmental entities controlled by United States-designated terrorist organizations, or any sources that rely on figures provided by United States-designated terrorist organizations.”

Software-Based Capability To Facilitate Scheduling Between the Department of Defense and Congress

Pub. L. 118–31, div. A, title IX, § 919, Dec. 22, 2023, 137 Stat. 372, provided that: “Not later than September 30, 2024, the Secretary of Defense shall seek to develop and implement a software-based capability to facilitate the mutual scheduling of engagements between the Department of Defense and the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]. Such capability shall— “(1) enable the automated transmission of scheduling data to and from the congressional defense committees; and “(2) be compatible and interoperable with the information technology systems of such committees.”

Integrated and Authenticated Access to Department of Defense Systems for Certain Congressional Staff for Oversight Purposes

Pub. L. 117–263, div. A, title X, § 1046, Dec. 23, 2022, 136 Stat. 2773, as amended by Pub. L. 118–31, div. A, title X, § 1081, Dec. 22, 2023, 137 Stat. 416, provided that: “(a) In General.—The Secretary of Defense shall develop processes and procedures under which the Secretary shall issue access tokens to staff of the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] to facilitate the performance of required congressional oversight activities. Such access tokens shall—“(1) provide designated and authenticated staff with access to designated Department of Defense information systems, including—“(A) the reporting system described in section 805(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) [135 Stat. 1816] that will replace the Selected Acquisition Report requirements under section 4351 of title 10, United States Code; and “(B) the process referred to in section 908 of the William (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [10 U.S.C. 111 note] that is used by the Department of Defense to identify reports to Congress required by annual national defense authorization Acts, assign responsibility for preparation of such reports, and manage the completion and delivery of such reports to Congress; “(2) to the extent feasible, be integrated with the provision of Pentagon Facilities Alternative Credentials; and “(3) to the extent feasible, be integrated with software used by the Department of Defense Parking Management Office to validate parking requests. “(b) Implementation.—The Secretary shall implement the processes and procedures developed under subsection (a) not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022]. “(c) Interim Briefing.—Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense shall provide to the congressional defense committees an interim briefing on the status of the processes and procedures required to be developed under subsection (a), including any updates to applicable policies, instructions, and guidance issued by the Department.”

Modernization of Process Used by the Department of Defense To Identify, Task, and Manage Congressional Reporting Requirements

Pub. L. 116–283, div. A, title IX, § 908, Jan. 1, 2021, 134 Stat. 3799, provided that: “(a) Ongoing Analysis Required.—The Assistant Secretary of Defense for Legislative Affairs shall conduct on an ongoing basis an analysis of the process used by the Department of Defense to identify reports to Congress required by annual national defense authorization Acts, assign responsibility for preparation of such reports, and manage the completion and delivery of such reports to Congress for the purpose of identifying mechanisms to optimize and otherwise modernize the process. “(b) Consultation.—The Assistant Secretary shall conduct the analysis required by subsection (a) with the assistance of and in consultation with the Chief Information Officer of the Department of Defense. “(c) Elements.—The analysis required by subsection (a) shall include the following:“(1) A business process reengineering of the process described in subsection (a). “(2) An assessment of applicable commercially available analytics tools, technologies, and services in connection with such business process reengineering. “(3) Such other actions as the Assistant Secretary considers appropriate for purposes of the analysis.”

Authority of President To Extend Military Leader Appointments