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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 902

Sec. 902. ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT AND RELATED MATTERS

1,229 words·~6 min read·/statute-compilations/comps-16736/sec-902

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## SEC. 902 ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT AND RELATED MATTERS ###
(a)In General ####
(1)Clarification of chain of administrative command Section 138(b)(2) of title 10, United States Code, is amended— #####
(A)by redesignating clauses (i), (ii), and
(iii)of subparagraph
(B)as subclauses (I), (II), and (III), respectively; #####
(B)by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively; #####
(C)by inserting “(A)” after “(2)”; #####
(D)in clause
(i)of subparagraph (A), as redesignated by this paragraph, by inserting before the period at the end the following: “through the administrative chain of command specified in section 167(f) of this title;” and #####
(E)by adding at the end the following new subparagraph: > > ##### “(B) > > In the discharge of the responsibilities specified in subparagraph (A)(i), the Assistant Secretary is immediately subordinate to the Secretary of Defense. Unless otherwise directed by the President, no officer below the Secretary may intervene to exercise authority, direction, or control over the Assistant Secretary in the discharge of such responsibilities.” > . ####
(2)Technical amendment Subparagraph
(A)of such section, as redesignated by paragraph (1), is further amended in the matter preceding clause (i), as so redesignated, by striking “section 167(j)” and inserting “section 167(k)”. ###
(b)Fulfillment of Special Operations Responsibilities ####
(1)In general Section 139b of title 10, United States Code, is amended to read as follows: > > ## “SEC. 139b Secretariat for Special Operations; Special Operations Policy and Oversight Council > > > ### “(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.” > . ####
(2)Clerical amendment **[**[10 U.S.C. 131](/us/usc/t10/s131)**]** The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 139b and inserting the following new item:" “139b. Secretariat for Special Operations; Special Operations Policy and Oversight Council.” ". ###
(c)DoD Directive on Responsibilities of ASD SOLIC **[**[10 U.S.C. 138 note](/us/usc/t10/s138)**]** ####
(1)In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall publish a Department of Defense directive establishing policy and procedures related to the exercise of authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict as specified by section 138(b)(2)(A)(i) of title 10, United States Code, as amended by subsection (a)(1). ####
(2)Matters for including The directive required by paragraph
(1)shall include the following: #####
(A)A specification of responsibilities for coordination on matters affecting the organization, training, and equipping of special operations forces. #####
(B)An identification and specification of updates to applicable documents and instructions of the Department of Defense. #####
(C)Mechanisms to ensure the inclusion of the Assistant Secretary in all Departmental governance forums affecting the organization, training, and equipping of special operations forces. #####
(D)Such other matters as the Secretary considers appropriate. ####
(3)Applicability The directive required by paragraph
(1)shall apply throughout the Department of Defense to all components of the Department of Defense. ####
(4)Limitation on availability of certain funding pending publication Of the amounts authorized to be appropriated by this Act for fiscal year 2021 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary publishes the directive required by paragraph (1).
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Sec. 902
ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT AND RELATED MATTERS
U.S.C.§ 131
U.S.C.§ 138
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