---
kind: "section"
citation: "10 U.S.C. § 192"
title: "10"
title_heading: "Armed Forces"
number: "192"
heading: "Defense Agencies and Department of Defense Field Activities: oversight by the Secretary of Defense"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/192"
units:
  - "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"
---

# §192. Defense Agencies and Department of Defense Field Activities: oversight by the Secretary of Defense

- (a) **Overall Supervision.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall assign responsibility for the overall supervision of each [Defense Agency](/usc/10/101.md?p=a-11) and [Department of Defense Field Activity](/usc/10/101.md?p=a-12) designated under [section 191(b) of this title](/usc/10/191.md?p=b)—
    - (A) to a civilian [officer](/usc/10/101.md?p=b-1) within the Office of the [Secretary](/usc/10/4951.md?p=3) of Defense listed in [section 131(b) of this title](/usc/10/131.md?p=b); or
    - (B) to the Chairman of the Joint Chiefs of Staff.
  - (2) An official assigned such a responsibility with respect to a [Defense Agency](/usc/10/101.md?p=a-11) or [Department of Defense Field Activity](/usc/10/101.md?p=a-12) shall advise the [Secretary](/usc/10/4951.md?p=3) of Defense on the extent to which the [program](/usc/10/2101.md?p=1) recommendations and budget proposals of such [agency](/usc/10/3451.md?p=3) or activity conform with the requirements of the [military departments](/usc/10/101.md?p=a-8) and of the unified and specified combatant commands.
  - (3) This subsection does not apply to the Defense Intelligence [Agency](/usc/10/3451.md?p=3) or the [National Security](/usc/10/801.md?p=16) [Agency](/usc/10/3451.md?p=3).
- (b) **Program and Budget Review.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall establish procedures to ensure that there is full and effective review of the [program](/usc/10/2101.md?p=1) recommendations and budget proposals of each [Defense Agency](/usc/10/101.md?p=a-11) and [Department of Defense Field Activity](/usc/10/101.md?p=a-12).
- (c) **Periodic Review.—**
  - (1)
    - (A) Not later than January 1, 2020, and periodically (but not less frequently than every four years) thereafter, the [Secretary](/usc/10/4951.md?p=3) of Defense shall conduct a review of the efficiency and effectiveness of each [Defense Agency](/usc/10/101.md?p=a-11) and [Department of Defense Field Activity](/usc/10/101.md?p=a-12). Each review shall, to the maximum extent practicable, be conducted in coordination with other ongoing efforts in connection with business enterprise reform.
    - (B) As part of each review under this paragraph, the [Secretary](/usc/10/4951.md?p=3) shall identify each activity of an [Agency](/usc/10/3451.md?p=3) or Activity that is substantially similar to, or duplicative of, an activity carried out by another organization or element of the [Department](/usc/10/101.md?p=a-6) of Defense, or is not being performed to an adequate level to meet [Department](/usc/10/101.md?p=a-6) needs.
    - (C) For purposes of conducting reviews under this paragraph, the [Secretary](/usc/10/4951.md?p=3) shall develop internal guidance that defines requirements for such reviews and provides clear direction for conducting and recording the results of reviews.
  - (2)
    - (A) Not later than 90 days after the completion of a review under [paragraph (1)](#c-1), the [Secretary](/usc/10/4951.md?p=3) shall submit to the [congressional defense committees](/usc/10/101.md?p=a-16) a report that sets forth the results of the review.
    - (B) The report on a review under this paragraph shall, based on the results of the review, include the following:
      - (i) A list of each [Defense Agency](/usc/10/101.md?p=a-11) and [Department of Defense Field Activity](/usc/10/101.md?p=a-12) that the [Secretary](/usc/10/4951.md?p=3) has determined—
        - (I) operates efficiently and effectively; and
        - (II) does not carry out any [function](/usc/10/467.md?p=1) that is substantially similar to, or duplicative of, a [function](/usc/10/467.md?p=1) carried out by another organization or element of the [Department](/usc/10/101.md?p=a-6) of Defense.
      - (ii) With respect to each [Agency](/usc/10/3451.md?p=3) or Activity not included on the list under [clause (i)](#c-2-B-i), a plan, aimed at better meeting [Department](/usc/10/101.md?p=a-6) needs, for—
        - (I) rationalizing the [functions](/usc/10/467.md?p=1) within such [Agency](/usc/10/3451.md?p=3) or Activity; or
        - (II) transferring some or all of the [functions](/usc/10/467.md?p=1) of such [Agency](/usc/10/3451.md?p=3) or Activity to another organization or element of the [Department](/usc/10/101.md?p=a-6).
      - (iii) Recommendations for [functions](/usc/10/467.md?p=1), if any, currently conducted separately by the [military departments](/usc/10/101.md?p=a-8) that should be consolidated into an [Agency](/usc/10/3451.md?p=3) or Activity.
  - (3) [Paragraph (1)](#c-1) shall apply to the [National Security](/usc/10/801.md?p=16) [Agency](/usc/10/3451.md?p=3) as determined appropriate by the [Secretary](/usc/10/4951.md?p=3), in consultation with the Director of National Intelligence. The [Secretary](/usc/10/4951.md?p=3) shall establish procedures under which information required for review of the [National Security](/usc/10/801.md?p=16) [Agency](/usc/10/3451.md?p=3) shall be obtained.
- (d) **Special Rule for Defense Commissary Agency.—** Notwithstanding the results of any periodic review under [subsection (c)](#c) with regard to the Defense Commissary [Agency](/usc/10/3451.md?p=3), the [Secretary](/usc/10/4951.md?p=3) of Defense may not transfer to the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) the responsibility to manage and fund the provision of services and [supplies](/usc/10/3011.md?p=8) provided by the Defense Commissary [Agency](/usc/10/3451.md?p=3) unless the transfer of the management and funding responsibility is specifically authorized by a law enacted after October 17, 1998.
- (e) **Limitation on Termination.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may not terminate a [Defense Agency](/usc/10/101.md?p=a-11) or [Department of Defense Field Activity](/usc/10/101.md?p=a-12) until 30 days after the date on which the [Secretary](/usc/10/4951.md?p=3) submits to the [congressional defense committees](/usc/10/101.md?p=a-16) a report setting forth the following:
  - (1) Notice of the intent of the [Secretary](/usc/10/4951.md?p=3) to terminate the [Agency](/usc/10/3451.md?p=3) or Activity.
  - (2) Such recommendations for legislative action as the [Secretary](/usc/10/4951.md?p=3) considers appropriate in connection with the termination of the [Agency](/usc/10/3451.md?p=3) or Activity.

## Source credit

(Added Pub. L. 99–433, title III, § 301(a)(2), Oct. 1, 1986, 100 Stat. 1020; amended Pub. L. 105–261, div. A, title III, § 361(a), Oct. 17, 1998, 112 Stat. 1984; Pub. L. 106–65, div. A, title X, § 1066(a)(3), Oct. 5, 1999, 113 Stat. 770; Pub. L. 109–163, div. A, title III, § 371, Jan. 6, 2006, 119 Stat. 3209; Pub. L. 110–181, div. A, title IX, §§ 904(c), 931(a)(1), Jan. 28, 2008, 122 Stat. 274, 285; Pub. L. 113–291, div. A, title IX, § 901(n)(1), Dec. 19, 2014, 128 Stat. 3469; Pub. L. 115–91, div. A, title X, § 1081(b)(1)(D), Dec. 12, 2017, 131 Stat. 1597; Pub. L. 115–232, div. A, title IX, § 923, title X, § 1081(f)(1)(A)(i), Aug. 13, 2018, 132 Stat. 1930, 1986; Pub. L. 116–283, div. A, title X, § 1081(a)(11), Jan. 1, 2021, 134 Stat. 3871; Pub. L. 118–31, div. A, title IX, § 901(b), Dec. 22, 2023, 137 Stat. 354.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 192, Pub. L. 98–215, title V, § 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, § 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

2023—Subsec. (c)(1)(A). Pub. L. 118–31, § 901(b)(1)(A), substituted “the Secretary of Defense” for “the Chief Management Officer of the Department of Defense”.

Subsec. (c)(1)(B), (C). Pub. L. 118–31, § 901(b)(1)(B), substituted “the Secretary” for “the Chief Management Officer”.

Subsec. (c)(2)(A), (B)(i). Pub. L. 118–31, § 901(b)(2), substituted “the Secretary” for “the Chief Management Officer”.

2021—Subsec. (c)(1). Pub. L. 116–283 struck out par. (1) relating to periodic review of services and supplies provided by each Defense Agency and Department of Defense Field Activity.

2018—Subsec. (c)(1) to (3). Pub. L. 115–232, § 923(a), added par. (1) relating to efficiency and effectiveness reviews and par. (2) and redesignated former par. (2) as (3).

Subsec. (e). Pub. L. 115–232, § 923(b), (c), added subsec. (e) and struck out former subsec. (e) which related to special rule for Defense Business Transformation Agency.

Subsec. (e)(2). Pub. L. 115–232, § 1081(f)(1)(A)(i), substituted “Chief Management Officer” for “Deputy Chief Management Officer”.

2008—Subsec. (c)(2). Pub. L. 110–181, § 931(a)(1), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (e)(2). Pub. L. 110–181, § 904(c), substituted “that the Director of the Agency shall report directly to the Deputy Chief Management Officer of the Department of Defense.” for “that the Agency be managed cooperatively by the Deputy Under Secretary of Defense for Business Transformation and the Deputy Under Secretary of Defense for Financial Management.”

2006—Subsec. (e). Pub. L. 109–163 added subsec. (e).

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).

### Statutory Notes and Related Subsidiaries

### First Review of Defense Agencies by Secretary of Defense

Pub. L. 99–433, title III, § 304(a), Oct. 1, 1986, 100 Stat. 1024, required the first review under subsec. (c) of this section to be completed not later than two years after the date that the report under Pub. L. 99–433, § 303(e), formerly set out as a note under section 191 of this title, was required to be submitted to Congress (Oct. 1, 1987).