WHAT THE LAW DOINCongress, in plain words

The law › Title 10, Armed Forces › Chapter 2

10 U.S.C. 113: Secretary of Defense

Created in 1962 by Public Law 87-651. Changed by 30 later laws. 1 bill in this Congress would change it.

This Congress

  • H.R. 8800 National Defense Authorization Act for Fiscal Year 2027 · passed house · would change (a), (b), (c), (g)

How it got here

2022

  • Pub. L. 117–263, §1041, substituted "in both classified and unclassified form. The unclassified form may not be a summary of the classified document." for "in classified form with an unclassified summary." Law text · (g)
  • Pub. L. 117–263, §1081(a)(2)(A), inserted period after "inclusion in the armed forces". Law text · (l)
  • Pub. L. 117–263, §511(4), added pars. (5) and (6). Former pars. (5) and (6) redesignated (7) and (8), respectively. Law text · (m), (6)
  • Pub. L. 117–263, §511(3), redesignated par. (5) as (7). Former par. (7) redesignated (9). Law text · (m)
  • Pub. L. 117–263, §511(3), redesignated par. (6) as (8). Law text · (m)
  • Pub. L. 117–263, §511(2), redesignated par. (8) relating to providing assessment of pool of officers best qualified for promotion in each military department and United States Coast Guard in report as (10). Law text · (m)
  • Pub. L. 117–263, §511(1), redesignated par. (8) relating to providing any other matter Secretary considers appropriate in report as (11). Law text · (m)
  • Pub. L. 117–263, §1081(a)(2)(B), which directed redesignation of "second paragraph (8) as paragraph (9)", was not executed in light of the redesignations made by section 511 of Pub. L. 117–263, notwithstanding section 1081(f) of Pub. L. 117–263, set out as a note under section 102 o… Law text · (m)
  • Pub. L. 117–263, §511(3), redesignated par. (7) as (9). Law text · (m)
  • Pub. L. 117–263, §511(2), redesignated par. (8) relating to providing assessment of pool of officers best qualified for promotion in each military department and United States Coast Guard in report as (10). Law text · (m)
  • Pub. L. 117–263, §511(1), redesignated par. (8) relating to providing any other matter Secretary considers appropriate in report as (11). Law text · (m)

2021

  • Pub. L. 117–81, §901(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A pe… Law text · (a)
  • Pub. L. 117–81, §1101(1), inserted "of members and civilian employees" after "inclusion". Law text · (c)
  • Pub. L. 117–81, §573(1), inserted before semicolon at end ", including the status of diversity and inclusion in the military service academies, the Officer Candidate and Training Schools, and the Senior Reserve Officers' Training Corps programs of such department". Law text · (c)
  • Pub. L. 116–283, §551(a)(1)(A)(ii), added par. (2). Former par. (2) redesignated (3). Law text · (c)
  • Pub. L. 116–283, §551(a)(1)(A)(i), redesignated pars. (2) and (3) as (3) and (4), respectively. Law text · (c), (4)
  • Pub. L. 117–81, §311(a)(1)(A), substituted "actors, and the current or projected threats to military installation resilience," for "actors,". Law text · (g)
  • Pub. L. 116–283, §551(a)(1)(B), added cl. (vii). Law text · (g)
  • Pub. L. 116–283, §1883(b)(2), substituted "section 4801" for "section 2500". Law text · (g)
  • Pub. L. 116–283, §881(a)(1), added cl. (viii). Law text · (g)
  • Pub. L. 116–283, §811(a)(1), added cl. (ix). Law text · (g)
  • Pub. L. 117–81, §311(a)(1)(B), added cl. (x). Law text · (g)
  • Pub. L. 117–81, §311(a)(2), substituted "priorities, including priorities relating to the current or projected risks to military installation resilience," for "priorities," in introductory provisions. Law text · (g)
  • Pub. L. 116–283, §551(a)(1)(D), added subsec. (l). Law text · (l)
  • Pub. L. 117–81, §1101(2)(A), added subpar. (B) and redesignated former subpar. (B) as (C). Law text · (l), (C)
  • Pub. L. 117–81, §1101(2)(B), inserted "and civilian employees of the Department" after "members of the armed forces". Law text · (l)
  • Pub. L. 116–283, §551(a)(1)(D), added subsec. (m). Former subsec. (m) redesignated (n). Law text · (m)
  • Pub. L. 117–81, §573(2)(A), (B), added par. (5) and redesignated former par. (5) as (6). Former par. (6) redesignated (7). Law text · (m), (6)
  • Pub. L. 117–81, §1101(3), added par. (7) and redesignated former par. (7), relating to providing assessment of pool of officers best qualified for promotion in each military department and United States Coast Guard in report, as (8). Law text · (m), (8)
  • Pub. L. 117–81, §573(2)(A), redesignated pars. (6) and (7), relating to providing any other matter Secretary considers appropriate in report, as (7) and (8), respectively. Law text · (m), (8)
  • Pub. L. 116–283, §551(a)(1)(C), redesignated subsecs. (m) and (n) as (n) and (o), respectively. Law text · (n), (o)

2019

  • Pub. L. 116–92, §1731(a)(3), inserted "the" before "congressional defense committees". Law text · (j)
  • Pub. L. 116–92, §1732(a), added subsec. (n). Law text · (n)

2018

  • Pub. L. 115–232 added pars. (2) to (4) and struck out former pars. (2) to (4) which related to annual provision of written policy guidance for preparation and review of program recommendations and budget proposals, provision every two years of written policy guidance for prep… Law text · (g)

2017

  • Pub. L. 115–91, §1051(a)(1)(A), redesignated par. (1) as subsec. (c) and subpars. (A) to (C) of former par. (1) as pars. (1) to (3), respectively, and struck out former par. (2) which read as follows: "At the same time that the Secretary submits the annual report under paragraph (1), t… Law text · (c)
  • Pub. L. 115–91, §1081(a)(1), substituted "congressional defense committees" for "the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives" in introductory… Law text · (j)
  • Pub. L. 115–91, §1051(a)(1)(B), struck out subsec. (l) which listed items to be included in the Secretary's annual report to Congress under subsec. (c). Law text · (l)

2016

  • Pub. L. 114–328 amended subsec. (g) generally. Prior to amendment, subsec. (g) required Secretary of Defense to provide annually to Department of Defense heads written policy guidance for preparation and review of program recommendations and budget proposals, to provide to the Chairman… Law text · (g)

2015

  • Pub. L. 114–92 added par. (3). Law text · (g)

2014

  • Pub. L. 113–291, §1071(c)(1), substituted "(50 U.S.C. 3002)" for "(50 U.S.C. 401)". Law text · (b)
  • Pub. L. 113–291, §1071(c)(2), substituted "(50 U.S.C. 3043)" for "(50 U.S.C. 404a)". Law text · (e)

2013

  • Pub. L. 112–239 struck out "on" after "Board on". Law text · (c)

2011

  • Pub. L. 111–383 substituted "on any reserve component matter" for "the reserve programs of the Department of Defense and on any other matters". Law text · (c)
  • Pub. L. 112–81, §1064(1)(A), added subpar. (B), redesignated former subpar. (B) as (A), and struck out former subpars. (A) and (C) which read as follows: Law text · (j)
  • Pub. L. 112–81, §1064(1)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "Each report under this subsection shall be prepared in consultation with the Secretary of Commerce." Law text · (j), (3)
  • Pub. L. 112–81, §933(a), amended subsec. (l) generally. Prior to amendment, subsec. (l) related to contents of the Secretary's annual report to Congress under subsec. (c). Law text · (l)

2008

  • Pub. L. 110–181, §903(a), substituted "seven" for "10". Law text · (a)
  • Pub. L. 110–181, §1815(e), substituted "contingency plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities" for "contingency plans". Law text · (g)

1999

  • Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security" in introductory provisions. Law text · (j)

1998

  • Pub. L. 105–261, §915(a), added subsec. (l). Law text · (l)
  • Pub. L. 105–261, §1212(b), added subsec. (m). Law text · (m)

1997

  • Pub. L. 105–85 struck out "annually" after "Staff, shall provide" and inserted "be provided every two years or more frequently as needed and shall" after "Such guidance shall". Law text · (g)

1996

  • Pub. L. 104–201, §1255(c)(2)–(5), inserted "(1)" after "(c)", redesignated former pars. (1), (2), and (4) as subpars. (A), (B), and (C), respectively, inserted "and" at end of subpar. (B), and added par. (2). Law text · (c)
  • Pub. L. 104–201, §1255(c)(1), struck out par. (3) which read as follows: "a report from the Reserve Forces Policy Board on the reserve programs of the Department of Defense, including a review of the effectiveness of chapters 51, 337, 361, 363, 549, 573, 837, 861 and 863 of this tit… Law text · (c)
  • Pub. L. 104–106, §1501(a)(8)(B), made technical correction to directory language of Pub. L. 103–337, §1671(c)(2). See 1994 Amendment note below. Law text · (c)
  • Pub. L. 104–106, §1503(a)(1), substituted "the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221" for "the five years covered by the five-year defense program submitted to Congress during that year pursuant to sectio… Law text · (i)
  • Pub. L. 104–106, §1502(a)(3), substituted "Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the" for "Committees on Armed Services and Committees on Appropriations of the Senat… Law text · (j)

1994

  • Pub. L. 103–337, §1671(c)(2), as amended by Pub. L. 104–106, §1501(a)(8)(B), which directed the substitution of "1219 and 1401 through 1411 of this title" for "51, 337, 361, 363, 549, 573, 837, 861 and 863 of this title, as far as they apply to reserve officers", effective Oct. 1, 1… · (c)
  • Pub. L. 103–337, §1070(a)(1), substituted "section 108" for "section 104". · (e)

1991

  • Pub. L. 102–190 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively. · (i)

1990

  • Pub. L. 101–510 redesignated subsecs. (j) to (l) as (i) to (k), respectively, and struck out former subsec. (i) which read as follows: "The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, recommending the amount of… · (i), (j), (k), (l)

1989

  • Pub. L. 101–189 substituted "five-year defense program" for "Five-Year Defense Program". · (j)

1988

  • Pub. L. 100–456, §731, designated existing provisions as par. (1), struck out provision requiring that each report be transmitted in both a classified and an unclassified form, and added pars. (2) and (3). · (j)
  • Pub. L. 100–370 added subsec. (k). · (k)
  • Pub. L. 100–456, §1101, added subsec. (l). · (l)

1987

  • Pub. L. 100–26 inserted "(50 U.S.C. 404a)" after "National Security Act of 1947". · (e)
  • Pub. L. 100–180 added subsec. (j). · (j)

1986

  • Pub. L. 99–433, §110(d)(2), struck out ": appointment; powers and duties; delegation by" at end of section catchline.
  • Pub. L. 99–443, §101(a)(2), redesignated subsecs. (a) to (e) of section 133 of this title as subsecs. (a) to (e) of this section. · (a), (b), (c), (d), (e)
  • Pub. L. 99–433, §301(b)(2), substituted "sections 125 and 191" for "section 125" in subsec. (c)(2). · (a), (b), (c), (d), (e)
  • Pub. L. 99–433, §603(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "After consulting with the Secretary of State, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives before February 1 of each year… · (a), (b), (c), (d), (e)
  • Pub. L. 99–433, §102, added subsecs. (f) to (h). · (f), (g), (h)
  • Pub. L. 99–433, §§101(a)(2), 110(b)(2), successively redesignated subsec. (h) of section 138 of this title as subsec. (h) of section 114 of this title and then as subsec. (i) of this section. · (i)

1982

  • Pub. L. 97–295 added subsec. (e). · (e)
  • Pub. L. 97–252, §1105, added subsec. (h). See 1986 Amendment note above. · (i)

1980

  • Pub. L. 96–513 substituted "section 2 of the National Security Act of 1947 (50 U.S.C. 401)" for "section 401 of title 50". · (b)

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.