---
kind: "section"
citation: "10 U.S.C. § 140"
title: "10"
title_heading: "Armed Forces"
number: "140"
heading: "General Counsel"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/140"
units:
  - "Subtitle A — General Military Law"
  - "Part I — Organization and General Military Powers"
  - "Chapter 4 — Office of the Secretary of Defense"
---

# §140. General Counsel

- (a) There is a General Counsel of the [Department](/usc/10/101.md?p=a-6) of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
- (b) The General Counsel is the chief [legal officer](/usc/10/801.md?p=12) of the [Department](/usc/10/101.md?p=a-6) of Defense. He shall perform such [functions](/usc/10/467.md?p=1) as the [Secretary](/usc/10/4951.md?p=3) of Defense may prescribe.

## Source credit

(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 519, § 137; amended Pub. L. 88–426, title III, § 305(9), Aug. 14, 1964, 78 Stat. 423; renumbered § 139 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(d)(11), Oct. 1, 1986, 100 Stat. 995, 1003; renumbered § 140, Pub. L. 103–160, div. A, title IX, § 901(a)(1), Nov. 30, 1993, 107 Stat. 1726.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 137(a) | [Uncodified: 1953 Reorg. Plan No. 6, eff. June 30, 1953, § 4 (1st 25 words of 1st sentence), 67 Stat. 639]. | 1953 Reorg. Plan No. 6, eff. June 30, 1953, § 4, 67 Stat. 639. |
| 137(b) | [Uncodified: 1953 Reorg. Plan No. 6, eff. June 30, 1953, § 4 (1st sentence, less 1st 25 words), 67 Stat. 639]. |  |
| 137(c) | [Uncodified: 1953 Reorg. Plan No. 6, eff. June 30, 1953, § 4 (2d sentence), 67 Stat. 639]. |  |

In subsection (b), the words “from time to time” are omitted as surplusage.

### Editorial Notes

### Prior Provisions

A prior section 140 was renumbered section 141 of this title.

Another prior section 140 was renumbered section 127 of this title.

### Amendments

1993—Pub. L. 103–160 renumbered section 139 of this title as this section.

1986—Pub. L. 99–433, §§ 101(a)(7), 110(d)(11), renumbered section 137 of this title as this section, and struck out “: powers and duties” at end of section catchline.

1964—Subsec. (c). Pub. L. 88–426 repealed subsec. (c) which related to compensation of General Counsel. See section 5315 of Title 5, Government Organization and Employees.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1964 Amendment

For effective date of amendment by Pub. L. 88–426, see section 501 of Pub. L. 88–426.