Page:United States Statutes at Large Volume 72 Part 1.djvu/558

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[72 Stat. 516]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 516]

516 Military department organization.

Exceptions.

R e c o m m e n dations to Congress.

63 Stat. 580.

Reports to Presi d e nt and Congress.

Repeal. 70A Stat. 119.

PUBLIC LAW 86-599-AUG. 6, 1968

[72

ST A T.

"(7) Each military department (the Department of the Navy to include naval aviation and the United States Marine Corps) shall be separately organized under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense. The Secretary of a military department shall be responsible to the Secretary of Defense for the operation of such department as well as its efficiency. Except as otherwise specifically provided by law, no Assistant Secretary of Defense shall have authority to issue orders to a military department unless (1) the Secretary of Defense has specifically delegated in writing to such an Assistant Secretary the authority to issue such orders with respect to a specific subject area, and (2) such orders are issued through the Secretary of such military department or his designee. I n the implementation of this paragraph it shall be the duty of each such Secretary, his civilian assistants, and the military personnel in such department to cooperate fully with personnel of the Office of the Secretary of Defense in a continuous effort to achieve efficient administration of the Department of Defense and effectively to carry out the direction, authority, and control of the Secretary of Defense. "(8) No provision of this Act shall be so construed as to prevent a Secretary of a military department or a member of the Joint Chiefs of Staff from presenting to the Congress, on his own initiative, after first so informing the Secretary of Defense, any recommendations relating to the Department of Defense that he may deem proper." (b) Section 202(d) of the National Security Act of 1947, as amended (5 U.S.C. 171a (d)), is further amended to read as follows: " (d) The Secretary of Defense shall annually submit a written report to the President and the Congress covering expenditures, work, and accomplishments of the Department of Defense, accompanied by (1) such recommendations as he shall deem appropriate, (2) separate reports from the military departments covering their expenditures, work, and accomplishments, and (3) itemized statements showing the savings of public funds and the eliminations of unnecessary duplications and overlappings that have been accomplished pursuant to the provisions of this Act." (c) Section 2201 of title 10, United States Code, is repealed and the analysis of chapter 131 of title 10 is amended by striking out the following item: "2201. General functions of Secretary of Defense."

Repeal. 70A Stat. 133.

(d) Section 2351 of title 10, United States Code, is repealed and the analysis of chapter 139 of title 10 is amended by striking out the following item: "2351. Policy, plans, and coordination." CLARIFYING THE C H A I N OF COMMAND OVER MILITARY OPERATIONS

70A Stat. 162. Army. Chief of Staff.

P o s t, p. 518. 70A Stat. 281. Chief of Naval Operations.

SEC. 4. (a) Section 3034(d)(4) of title 10, United States Code, is amended to read as follows: "(4) exercise supervision over such of the members and organizations of the Army as the Secretary of the Army determines. Such supervision shall be exercised in a manner consistent with the full operational command vested in unified or specified combatant commanders pursuant to section 202(j) of the National Security Act of 1947, as amended." (b) Section 5081(c) of title 10, United States Code, is amended to read as follows: "(c) Under the direction of the Secretary of the Navy, the Chief of Naval Operations shall exercise supervision over such of the mem-