10 USC § 140 - General Counsel

---
identifier: "/us/usc/t10/s140"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 140 - General Counsel"
title_number: 10
title_name: "ARMED FORCES"
section_number: "140"
section_name: "General Counsel"
chapter_number: 4
chapter_name: "OFFICE OF THE SECRETARY OF DEFENSE"
part_number: "I"
part_name: "ORGANIZATION AND GENERAL MILITARY POWERS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 140. General Counsel

**(a)** There is a General Counsel of the Department 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 of the Department of Defense. He shall perform such functions as the Secretary 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.)

| 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 .

Another prior section 140 was renumbered .

### Amendments

1993— renumbered  as this section.

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

1964—Subsec. (c).  repealed subsec. (c) which related to compensation of General Counsel. See , Government Organization and Employees.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1964 Amendment

For effective date of amendment by , see .