-CITE-

10 USC CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

.

-HEAD-

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

-MISC1-

Sec.

131. Office of the Secretary of Defense.

132. Deputy Secretary of Defense.

133. Under Secretary of Defense for Acquisition, Technology, and

Logistics.

133a. Deputy Under Secretary of Defense for Acquisition and

Technology.

133b. Deputy Under Secretary of Defense for Logistics and Materiel

Readiness.

134. Under Secretary of Defense for Policy.

134a. Deputy Under Secretary of Defense for Policy.

134b. Deputy Under Secretary of Defense for Technology Security

Policy.

135. Under Secretary of Defense (Comptroller).

136. Under Secretary of Defense for Personnel and Readiness.

136a. Deputy Under Secretary of Defense for Personnel and

Readiness.

137. Under Secretary of Defense for Intelligence.

138. Assistant Secretaries of Defense.

139. Director of Operational Test and Evaluation.

139a. Director of Defense Research and Engineering.

(139b, 139c. Renumbered.)

140. General Counsel.

(140a to 140c. Renumbered.)

141. Inspector General.

142. Assistant to the Secretary of Defense for Nuclear and Chemical

and Biological Defense Programs.

143. Office of the Secretary of Defense personnel: limitation.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title IX, Sec. 901(b)(2), Dec.

2, 2002, 116 Stat. 2619, added items 137 and 139a and struck out

former item 137 ''Director of Defense Research and Engineering''.

2001 - Pub. L. 107-107, div. A, title IX, Sec. 901(a)(2), Dec.

28, 2001, 115 Stat. 1194, added item 136a.

1999 - Pub. L. 106-65, div. A, title IX, Sec. 911(d)(3), Oct. 5,

1999, 113 Stat. 719, added items 133 and 133b and struck out former

item 133 ''Under Secretary of Defense for Acquisition and

Technology''.

1998 - Pub. L. 105-261, div. A, title XV, Sec. 1521(b)(2), Oct.

17, 1998, 112 Stat. 2179, added item 134b.

1997 - Pub. L. 105-85, div. A, title IX, Sec. 911(d)(2), Nov.

18, 1997, 111 Stat. 1859, added item 143.

1996 - Pub. L. 104-106, div. A, title IX, Sec. 904(a)(2), Feb.

10, 1996, 110 Stat. 403, substituted ''Nuclear and Chemical and

Biological Defense Programs'' for ''Atomic Energy'' in item 142.

Pub. L. 104-106, div. A, title IX, Sec. 903(a), (e)(3), Feb. 10,

1996, 110 Stat. 401, 402, which directed amendment of analysis,

eff. Jan. 31, 1997, by striking out items 133a, 134a, 137, and

142, was repealed by Pub. L. 104-201, div. A, title IX, Sec. 901,

Sept. 23, 1996, 110 Stat. 2617.

1994 - Pub. L. 103-337, div. A, title IX, Sec. 903(a)(3), Oct.

5, 1994, 108 Stat. 2823, substituted ''Under Secretary of Defense

(Comptroller)'' for ''Comptroller'' in item 135.

1993 - Pub. L. 103-160, div. A, title IX, Sec. 906(b), Nov. 30,

1993, 107 Stat. 1729, amended table of sections generally,

inserting ''and Technology'' after ''Acquisition'' in items 133 and

133a, adding item 136, and redesignating former items 135, 136,

137, 138, 139, 140, and 141 as 137, 138, 135, 139, 140, 141, and

142, respectively.

1991 - Pub. L. 102-190, div. A, title IX, Sec. 901(a)(2), Dec.

5, 1991, 105 Stat. 1450, added item 134a.

1987 - Pub. L. 100-180, div. A, title XII, Sec. 1245(a)(2), Dec.

4, 1987, 101 Stat. 1165, added item 141.

Pub. L. 100-26, Sec. 9(b)(2), Apr. 21, 1987, 101 Stat. 287,

struck out item 140a ''Counterintelligence official reception and

representation expenses'' and item 140b ''Authority to use proceeds

from counterintelligence operations of the military departments''.

1986 - Pub. L. 99-500, Sec. 101(c) (title X, Sec. 902(a)(2)),

Oct. 18, 1986, 100 Stat. 1783-82, 1783-131, and Pub. L. 99-591,

Sec. 101(c) (title X, Sec. 902(a)(2)), Oct. 30, 1986, 100 Stat.

3341-82, 3341-131; Pub. L. 99-661, div. A, title IX, formerly

title IV, Sec. 902(a)(2), Nov. 14, 1986, 100 Stat. 3911, renumbered

title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273,

amended analysis identically adding item 133a.

Pub. L. 99-569, title IV, Sec. 401(d), 403(b), Oct. 27, 1986, 100

Stat. 3196, 3197, added items 140a and 140b.

Pub. L. 99-433, title I, Sec. 101(a)(6), 110(e)(2), Oct. 1, 1986,

100 Stat. 995, 1003, substituted ''Office of the Secretary of

Defense'' for ''Department of Defense'' in chapter heading, and

amended analysis generally, substituting items 131 to 140 for

former items 131 ''Executive department'', 132 ''Seal'', 133

''Secretary of Defense: appointment; powers and duties; delegation

by'', 133a ''Secretary of Defense: annual report on North Atlantic

Treaty Organization readiness'', 133b ''Sale or transfer of defense

articles: reports to Congress'', 134 ''Deputy Secretary of Defense:

appointment; powers and duties; precedence'', 134a ''Under

Secretary of Defense for Acquisition: appointment'', 135 ''Under

Secretary of Defense for Policy; Director of Defense Research and

Engineering: appointments; powers and duties; precedence'', 136

''Assistant Secretaries of Defense: appointment; powers and duties;

precedence'', 136a ''Director of Operational Test and Evaluation:

appointment, powers and duties'', 137 ''General Counsel:

appointment; powers and duties'', 138 ''Annual authorization of

appropriations and personnel strengths for the armed forces; annual

manpower requirements and operations and maintenance reports'', 139

''Secretary of Defense: weapons development and procurement

schedules for armed forces; reports; supplemental reports'', 139a

''Oversight of cost growth in major programs: Selected Acquisition

Reports'', 139b ''Oversight of cost growth in major programs: unit

cost reports'', 139c ''Major defense acquisition programs:

independent cost estimates'', 140 ''Emergencies and extraordinary

expenses'', 140a ''Secretary of Defense: funds transfers for

foreign cryptologic support'', 140b ''Prohibition of certain

civilian personnel management constraints'', and 140c ''Secretary

of Defense: authority to withhold from public disclosure certain

technical data''.

Pub. L. 99-348, title V, Sec. 501(e)(2), July 1, 1986, 100 Stat.

708, added item 134a and substituted ''Under Secretary of Defense

for Policy; Director of Defense Research and Engineering:

appointments'' for ''Under Secretaries of Defense: appointment'' in

item 135.

1983 - Pub. L. 98-94, title XII, Sec. 1203(a)(2), 1211(a)(2),

1217(b), Sept. 24, 1983, 97 Stat. 683, 686, 690, added items 136a,

139c, and 140c.

1982 - Pub. L. 97-295, Sec. 1(2)(B), Oct. 12, 1982, 96 Stat.

1288, added items 133a and 133b.

Pub. L. 97-252, title XI, Sec. 1107(a)(2), Sept. 8, 1982, 96

Stat. 745, added items 139a and 139b.

1981 - Pub. L. 97-86, title IX, Sec. 904(b), Dec. 1, 1981, 95

Stat. 1114, added item 140b.

1980 - Pub. L. 96-450, title IV, Sec. 401(b), Oct. 14, 1980, 94

Stat. 1977, added item 140a.

Pub. L. 96-342, title X, Sec. 1001(d)(2), Sept. 8, 1980, 94 Stat.

1119, substituted ''Annual authorization of appropriations and

personnel strengths for the armed forces; annual manpower

requirements and operations and maintenance reports'' for

''Secretary of Defense: Annual authorization of appropriations for

armed forces'' in item 138.

1977 - Pub. L. 95-140, Sec. 1(b), 2(b), Oct. 21, 1977, 91 Stat.

1172, 1173, substituted ''Deputy Secretary'' for ''Deputy

Secretaries'' in item 134 and ''Under Secretaries of Defense'' for

''Director of Defense Research and Engineering'' in item 135.

1975 - Pub. L. 94-106, title VIII, Sec. 804(a), Oct. 7, 1975, 89

Stat. 538, added item 140.

1973 - Pub. L. 93-155, title VIII, Sec. 803(a), Nov. 16, 1973, 87

Stat. 612, added items 138 and 139.

1972 - Pub. L. 92-596, Sec. 4(3), Oct. 27, 1972, 86 Stat. 1318,

substituted ''Deputy Secretaries'' for ''Deputy Secretary'' in item

134.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 41 section 421.

-CITE-

10 USC Sec. 131 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

-HEAD-

Sec. 131. Office of the Secretary of Defense

-STATUTE-

(a) There is in the Department of Defense an Office of the

Secretary of Defense. The function of the Office is to assist the

Secretary of Defense in carrying out his duties and

responsibilities and to carry out such other duties as may be

prescribed by law.

(b) The Office of the Secretary of Defense is composed of the

following:

(1) The Deputy Secretary of Defense.

(2) The Under Secretaries of Defense, as follows:

(A) The Under Secretary of Defense for Acquisition,

Technology, and Logistics.

(B) The Under Secretary of Defense for Policy.

(C) The Under Secretary of Defense (Comptroller).

(D) The Under Secretary of Defense for Personnel and

Readiness.

(E) The Under Secretary of Defense for Intelligence.

(3) The Director of Defense Research and Engineering.

(4) The Assistant Secretaries of Defense.

(5) The Director of Operational Test and Evaluation.

(6) The General Counsel of the Department of Defense.

(7) The Inspector General of the Department of Defense.

(8) Such other offices and officials as may be established by

law or the Secretary of Defense may establish or designate in the

Office.

(c) Officers of the armed forces may be assigned or detailed to

permanent duty in the Office of the Secretary of Defense. However,

the Secretary may not establish a military staff in the Office of

the Secretary of Defense.

(d) The Secretary of each military department, and the civilian

employees and members of the armed forces under the jurisdiction of

the Secretary, shall cooperate fully with personnel of the Office

of the Secretary of Defense to achieve efficient administration of

the Department of Defense and to carry out effectively the

authority, direction, and control of the Secretary of Defense.

-SOURCE-

(Added Pub. L. 99-433, title I, Sec. 104, Oct. 1, 1986, 100 Stat.

996; amended Pub. L. 103-160, div. A, title IX, Sec. 906(a), Nov.

30, 1993, 107 Stat. 1729; Pub. L. 103-337, div. A, title IX, Sec.

903(b)(1), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 104-106, div. A,

title IX, Sec. 903(e)(1), Feb. 10, 1996, 110 Stat. 402; Pub. L.

104-201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat.

2617; Pub. L. 106-65, div. A, title IX, Sec. 911(d)(1), Oct. 5,

1999, 113 Stat. 719; Pub. L. 107-314, div. A, title IX, Sec.

901(b)(1), Dec. 2, 2002, 116 Stat. 2619.)

-MISC1-

PRIOR PROVISIONS

A prior section 131 was renumbered section 111 of this title.

AMENDMENTS

2002 - Subsec. (b)(2) to (11). Pub. L. 107-314 added par. (2),

redesignated pars. (6) to (11) as (3) to (8), respectively, and

struck out former pars. (2) to (5) which read as follows:

''(2) The Under Secretary of Defense for Acquisition, Technology,

and Logistics.

''(3) The Under Secretary of Defense for Policy.

''(4) The Under Secretary of Defense (Comptroller).

''(5) The Under Secretary of Defense for Personnel and

Readiness.''

1999 - Subsec. (b)(2). Pub. L. 106-65 substituted ''Under

Secretary of Defense for Acquisition, Technology, and Logistics''

for ''Under Secretary of Defense for Acquisition and Technology''.

1996 - Subsec. (b)(6) to (11). Pub. L. 104-106, Sec. 903(a),

(e)(1), which directed amendment of subsec. (b), eff. Jan. 31,

1997, by striking out pars. (6) and (8) and redesignating pars.

(7), (9), (10), and (11) as (6), (7), (8), and (9), respectively,

was repealed by Pub. L. 104-201.

1994 - Subsec. (b)(4). Pub. L. 103-337 substituted ''Under

Secretary of Defense (Comptroller)'' for ''Comptroller''.

1993 - Subsec. (b). Pub. L. 103-160 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

Office of the Secretary of Defense is composed of the following:

''(1) The Deputy Secretary of Defense.

''(2) The Under Secretary of Defense for Acquisition.

''(3) The Under Secretary of Defense for Policy.

''(4) The Director of Defense Research and Engineering.

''(5) The Assistant Secretaries of Defense.

''(6) The Comptroller of the Department of Defense.

''(7) The Director of Operational Test and Evaluation.

''(8) The General Counsel of the Department of Defense.

''(9) The Inspector General of the Department of Defense.

''(10) Such other offices and officials as may be established

by law or the Secretary of Defense may establish or designate in

the Office.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 903(a) of Pub. L. 104-106, which provided that the

amendments made by section 903 of Pub. L. 104-106 (amending this

section and sections 138, 176, 1056, 1216, 1587, and 10201 of this

title, repealing sections 133a, 134a, 137, and 142 of this title,

and amending provisions set out as a note under section 167 of this

title) were to take effect on Jan. 31, 1997, was repealed by Pub.

L. 104-201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat.

2617.

DEFENSE ACQUISITION WORKFORCE

Pub. L. 105-85, div. A, title IX, Sec. 912(a)-(e), Nov. 18,

1997, 111 Stat. 1860, 1861, required Secretary of Defense to

accomplish reductions in defense acquisition personnel positions,

to report on specific acquisition positions previously eliminated,

to submit an implementation plan to streamline and improve

acquisition organizations, to review acquisition organizations and

functions, and to require certain duties of Task Force on Defense

Reform.

REDUCTION OF PERSONNEL ASSIGNED TO OFFICE OF THE SECRETARY OF

DEFENSE

Section 903 of Pub. L. 104-201, which provided for phased

reduction of number of personnel assigned to or employed in

functions in Office of the Secretary of Defense, was repealed and

restated in section 143 of this title by Pub. L. 105-85, div. A,

title IX, Sec. 911(d)(1), (3), Nov. 18, 1997, 111 Stat. 1859, 1860.

ORGANIZATION OF OFFICE OF THE SECRETARY OF DEFENSE

Section 901 of Pub. L. 104-106, as amended by Pub. L. 104-201,

div. A, title IX, Sec. 903(g), Sept. 23, 1996, 110 Stat. 2618,

provided that:

''(a) Findings. - Congress makes the following findings:

''(1) The statutory provisions that as of the date of the

enactment of this Act (Feb. 10, 1996) govern the organization of

the Office of the Secretary of Defense have evolved from

enactment of a number of executive branch legislative proposals

and congressional initiatives over a period of years.

''(2) The May 1995 report of the congressionally mandated

Commission on Roles and Missions of the Armed Forces included a

number of recommendations relating to the Office of the Secretary

of Defense.

''(3) The Secretary of Defense has decided to create a special

Department task force and to conduct other reviews to review many

of the Commission's recommendations.

''(4) The Secretary of Defense has decided to institute a 5

percent per year reduction of civilian personnel assigned to the

Office of the Secretary of Defense, including the Washington

Headquarters Service and the Defense Support Activities, for the

period from fiscal year 1996 through fiscal year 2001.

''(5) Over the ten-year period from 1986 through 1995, defense

spending in real dollars has been reduced by 34 percent and

military end-strengths have been reduced by 28 percent. During

the same period, the number of civilian employees of the Office

of the Secretary of Defense has increased by 22 percent.

''(6) To achieve greater efficiency and to revalidate the role

and mission of the Office of the Secretary of Defense, a

comprehensive review of the organizations and functions of that

Office and of the personnel needed to carry out those functions

is required.

''(b) Review. - The Secretary of Defense shall conduct a further

review of the organizations and functions of the Office of the

Secretary of Defense, including the Washington Headquarters Service

and the Defense Support Activities, and the personnel needed to

carry out those functions. The review shall include the following:

''(1) An assessment of the appropriate functions of the Office

and whether the Office of the Secretary of Defense or some of its

component parts should be organized along mission lines.

''(2) An assessment of the adequacy of the present

organizational structure to efficiently and effectively support

the Secretary in carrying out his responsibilities in a manner

that ensures civilian authority in the Department of Defense.

''(3) An assessment of the advantages and disadvantages of the

use of political appointees to fill the positions of the various

Under Secretaries of Defense, Assistant Secretaries of Defense,

and Deputy Under Secretaries of Defense.

''(4) An assessment of the extent of unnecessary duplication of

functions between the Office of the Secretary of Defense and the

Joint Staff.

''(5) An assessment of the extent of unnecessary duplication of

functions between the Office of the Secretary of Defense and the

military departments.

''(6) An assessment of the appropriate number of positions

referred to in paragraph (3) and of Deputy Assistant Secretaries

of Defense.

''(7) An assessment of whether some or any of the functions

currently performed by the Office of Humanitarian and Refugee

Affairs are more properly or effectively performed by another

agency of Government or elsewhere within the Department of

Defense.

''(8) An assessment of the efficacy of the Joint Requirements

Oversight Council and whether it is advisable or necessary to

establish a statutory charter for this organization.

''(9) An assessment of any benefits or efficiencies derived

from decentralizing certain functions currently performed by the

Office of the Secretary of Defense.

''(10) An assessment of the appropriate size, number, and

functional responsibilities of the Defense Agencies and other

Department of Defense support organizations.

''(c) Report. - Not later than March 1, 1996, the Secretary of

Defense shall submit to the congressional defense committees a

report containing -

''(1) his findings and conclusions resulting from the review

under subsection (b); and

''(2) a plan for implementing resulting recommendations,

including proposals for legislation (with supporting rationale)

that would be required as a result of the review.''

MANAGEMENT STUDIES OF OFFICE OF THE SECRETARY OF DEFENSE

Section 109 of Pub. L. 99-433 provided that:

''(a) Secretary of Defense Study. - The Secretary of Defense

shall conduct a study of the functions and organization of the

Office of the Secretary of Defense. The study shall consider

whether the present allocation of functions to, and the

organizational structure of, the Office constitute the most

effective, efficient, and economical allocation and structure of

the Office to assist the Secretary in carrying out his duties and

responsibilities. The study shall include consideration of each of

the matters specified in subsection (d).

''(b) Service Secretaries Joint Study. - (1) The Secretaries of

the military departments shall conduct a joint study of the

functions and organization of the Office of the Secretary of

Defense. The study shall be conducted independently of the study

conducted by the Secretary of Defense under subsection (a). The

Secretaries shall submit a joint report to the Secretary of Defense

on such study at a time specified by the Secretary. Except as

provided in paragraph (2), the report shall include a discussion of

and recommendations concerning each of the matters specified in

subsection (d).

''(2) The Secretary of Defense shall determine the extent to

which, and prescribe the procedures under which, the Secretaries of

the military departments shall study the matters specified in

subsection (d)(1)(A) relating to contingency planning and military

operations.

''(c) Chairman of JCS Study. - The Chairman of the Joint Chiefs

of Staff shall conduct a study of the functions and organization of

the Office of the Secretary of Defense. The study shall be

conducted independently of the study conducted by the Secretary of

Defense under subsection (a). The Chairman shall submit a report to

the Secretary of Defense on such study at a time specified by the

Secretary. The report shall include a discussion of and

recommendations concerning the matters specified in paragraphs

(1)(C), (1)(D), (2), (3), (5), and (6) of subsection (d).

''(d) Matters To Be Included. - The study required by subsection

(a) shall include consideration of the following:

''(1) Whether the present organization of the Office -

''(A) is optimally structured to assist the Secretary of

Defense in the effective exercise of civilian control of the

Department of Defense, including civilian control of -

''(i) defense policy development and strategic planning;

''(ii) program and budget development;

''(iii) policy, program, and budget execution;

''(iv) contingency planning; and

''(v) military operations;

''(B) is the most effective and efficient organization for

the initiation, development, and articulation of defense

policy;

''(C) ensures that strategic planning and contingency

planning are linked to, and derived from, national security

strategy, policies, and objectives; and

''(D) inhibits integration of the capabilities of the Armed

Forces along mission lines.

''(2) Whether the planning, programming, and budgeting system

of the Department of Defense (including the role of the Office in

such system) needs to be revised -

''(A) to strengthen strategic planning and policy direction;

''(B) to ensure that strategic planning is consistent with

national security strategy, policies, and objectives;

''(C) to ensure that there is a sufficient relationship

between strategic planning and the resource levels projected to

be available for the period for which the planning is to be

effective;

''(D) to ensure that strategic planning and program

development give sufficient attention to alliances with other

nations;

''(E) to provide for more effective oversight, control, and

evaluation of policy, program, and budget execution; and

''(F) to ensure that past program and budget decisions are

effectively evaluated, that such evaluations are supported by

consistent, complete, and timely financial and performance

data, and that such evaluations are fully considered in the

next planning, programming, and budgeting cycle.

''(3) Whether the major force program categories of the

Five-Year Defense Plan could be restructured to better assist

decisionmaking and management control.

''(4) Means to improve and strengthen the oversight function

within each element of the Office in policy areas not addressed

by the planning, programming, and budgeting system.

''(5) Factors inhibiting efficient and effective execution of

the functions of the Office, including factors relating to -

''(A) duplication of functions (both within the Office and

between the Office and other elements of the Department);

''(B) insufficient information; and

''(C) insufficient resources (including personnel).

''(6) Alternative allocations of authorities and functions of

the Office and other reorganization proposals for the Office,

including the desirability of -

''(A) establishing Under Secretaries of Defense for

mission-oriented areas of responsibility;

''(B) decentralizing functions of the Office;

''(C) reducing the number of officials reporting directly to

the Secretary of Defense; and

''(D) changing the ratio of members of the Armed Forces to

civilian employees in the Office.

''(7) Whether political appointees in the Office of the

Secretary of Defense have sufficient experience and expertise,

upon appointment, to be capable of contributing immediately to

effective policy formulation and management.

''(e) Analysis of Civilian Control. - (1) The Secretary of

Defense, in considering under subsection (d)(1)(A) whether

effective civilian control of the Department of Defense is best

assisted by the current structure of the Office, shall examine the

functions performed in the Office by -

''(A) members of the Armed Forces on the active-duty list; and

''(B) members of the Armed Forces in a retired status and

members of the reserve components who are employed in a civilian

capacity.

''(2) Such examination shall include a determination of the total

number of positions in the Office of the Secretary of Defense above

grade GS-8 and the military equivalent (as determined by the

Secretary of Defense), and of such number -

''(A) the number of positions held by members of the Armed

Forces on the active-duty list, shown for the military equivalent

of each civilian pay grade by number and as a percentage of the

total number of positions in the Office in the civilian pay grade

concerned and in the military equivalent of such civilian pay

grade;

''(B) the number of such positions held by members of the Armed

Forces in a retired status who are serving in a civilian

capacity, shown for each civilian pay grade in the same manner as

provided under clause (A); and

''(C) the number of such positions held by members of the

reserve components who are serving in a civilian capacity, shown

for each civilian pay grade in the same manner as provided under

clause (A).

''(3) In determining the total number of positions in the Office

of the Secretary of Defense in grades above GS-8, the Secretary

shall exclude positions which are primarily clerical or

secretarial.

''(f) Independent Contractor Study. - The Secretary shall provide

for an independent study to be carried out by a contractor to

consider the same matters required to be considered by the

Secretary under subsection (d). The Secretary shall ensure that the

contractor has full access to such information as the contractor

requires and that the contractor otherwise receives full

cooperation from all officials and entities of the Department of

Defense.

''(g) Report to Congress. - (1) The Secretary of Defense shall

submit to Congress a report on the Secretary's study under

subsection (a). The report shall include -

''(A) the findings and conclusions of the Secretary with

respect to each of the matters set forth in subsection (d);

''(B) the findings and statistical determinations required

under subsection (e); and

''(C) any recommendations of the Secretary for organizational

changes in the Office of the Secretary of Defense and a

description of the means for implementing each recommendation.

''(2) The Secretary shall include with the report a copy of the

reports to the Secretary under subsections (b) and (c) and a copy

of the report of the independent contractor under subsection (f),

together with such comments on each such report as the Secretary

considers appropriate.

''(3) The report under this subsection shall be submitted not

later than one year after the date of the enactment of this Act

(Oct. 1, 1986).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 192 of this title.

-CITE-

10 USC Sec. 132 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

-HEAD-

Sec. 132. Deputy Secretary of Defense

-STATUTE-

(a) There is a Deputy Secretary of Defense, appointed from

civilian life by the President, by and with the advice and consent

of the Senate. A person may not be appointed as Deputy Secretary of

Defense within ten years after relief from active duty as a

commissioned officer of a regular component of an armed force.

(b) The Deputy Secretary shall perform such duties and exercise

such powers as the Secretary of Defense may prescribe. The Deputy

Secretary shall act for, and exercise the powers of, the Secretary

when the Secretary is disabled or there is no Secretary of Defense.

(c) The Deputy Secretary takes precedence in the Department of

Defense immediately after the Secretary.

-SOURCE-

(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat.

518, Sec. 134; amended Pub. L. 92-596, Sec. 4(1), Oct. 27, 1972, 86

Stat. 1318; Pub. L. 95-140, Sec. 1(a), Oct. 21, 1977, 91 Stat.

1172; renumbered Sec. 132 and amended Pub. L. 99-433, title I, Sec.

101(a)(7), 110(d)(7), Oct. 1, 1986, 100 Stat. 995, 1003.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

134(a) 134(b) 5:171c(a) (1st July 26, 1947, ch.

sentence). 343, Sec. 203(a);

5:171c(a) (less 1st added Aug. 10,

sentence and last 1949, ch. 412, Sec.

15 words of 2d 6(a) (1st par.), 63

sentence). Stat. 581.

134(c) 5:171c(a) (last 15

words of 2d

sentence).

-------------------------------

In subsection (a), the last sentence is substituted for 5 U.S.C.

171c(a) (proviso).

PRIOR PROVISIONS

A prior section 132 was renumbered section 112 of this title.

AMENDMENTS

1986 - Pub. L. 99-433 renumbered section 134 of this title as

this section and struck out '': appointment; powers and duties;

precedence'' at end of section catchline.

1977 - Pub. L. 95-140, Sec. 1(a)(4), substituted ''Deputy

Secretary'' for ''Deputy Secretaries'' in section catchline.

Subsec. (a). Pub. L. 95-140, Sec. 1(a)(1), substituted ''There is

a Deputy Secretary'' for ''There are two Deputy Secretaries'' and

struck out ''a'' before ''Deputy Secretary''.

Subsec. (b). Pub. L. 95-140, Sec. 1(a)(2), substituted ''Deputy

Secretary'' for ''Deputy Secretaries'' and ''Deputy Secretary'' for

''Deputy Secretaries, in the order of precedence, designated by the

President''.

Subsec. (c). Pub. L. 95-140, Sec. 1(a)(3), substituted ''The

Deputy Secretary takes'' for ''The Deputy Secretaries take''.

1972 - Pub. L. 92-596 substituted ''Deputy Secretaries'' for

''Deputy Secretary'' in section catchline.

Subsec. (a). Pub. L. 92-596 substituted ''There are two Deputy

Secretaries of Defense'' for ''There is a Deputy Secretary of

Defense''.

Subsec. (b). Pub. L. 92-596 provided for the exercise of powers

and duties consequent to the creation of a second Deputy Secretary.

Subsec. (c). Pub. L. 92-596 substituted ''The Deputy Secretaries

take'' for ''The Deputy Secretary takes''.

ORDER OF SUCCESSION

For order of succession in event of death, disability, or

resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61

F.R. 18483, set out as a note under section 3345 of Title 5,

Government Organization and Employees.

-CITE-

10 USC Sec. 133 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

-HEAD-

Sec. 133. Under Secretary of Defense for Acquisition, Technology,

and Logistics

-STATUTE-

(a) There is an Under Secretary of Defense for Acquisition,

Technology, and Logistics, appointed from civilian life by the

President, by and with the advice and consent of the Senate. The

Under Secretary shall be appointed from among persons who have an

extensive management background in the private sector.

(b) Subject to the authority, direction, and control of the

Secretary of Defense, the Under Secretary of Defense for

Acquisition, Technology, and Logistics shall perform such duties

and exercise such powers relating to acquisition as the Secretary

of Defense may prescribe, including -

(1) supervising Department of Defense acquisition;

(2) establishing policies for acquisition (including

procurement of goods and services, research and development,

developmental testing, and contract administration) for all

elements of the Department of Defense;

(3) establishing policies for logistics, maintenance, and

sustainment support for all elements of the Department of

Defense;

(4) establishing policies of the Department of Defense for

maintenance of the defense industrial base of the United States;

and

(5) the authority to direct the Secretaries of the military

departments and the heads of all other elements of the Department

of Defense with regard to matters for which the Under Secretary

has responsibility.

(c) The Under Secretary -

(1) is the senior procurement executive for the Department of

Defense for the purposes of section 16(3) of the Office of

Federal Procurement Policy Act (41 U.S.C. 414(3));

(2) is the Defense Acquisition Executive for purposes of

regulations and procedures of the Department providing for a

Defense Acquisition Executive; and

(3) to the extent directed by the Secretary, exercises overall

supervision of all personnel (civilian and military) in the

Office of the Secretary of Defense with regard to matters for

which the Under Secretary has responsibility, unless otherwise

provided by law.

(d)(1) The Under Secretary shall prescribe policies to ensure

that audit and oversight of contractor activities are coordinated

and carried out in a manner to prevent duplication by different

elements of the Department. Such policies shall provide for

coordination of the annual plans developed by each such element for

the conduct of audit and oversight functions within each

contracting activity.

(2) In carrying out this subsection, the Under Secretary shall

consult with the Inspector General of the Department of Defense.

(3) Nothing in this subsection shall affect the authority of the

Inspector General of the Department of Defense to establish audit

policy for the Department of Defense under the Inspector General

Act of 1978 and otherwise to carry out the functions of the

Inspector General under that Act.

(e)(1) With regard to all matters for which he has responsibility

by law or by direction of the Secretary of Defense, the Under

Secretary of Defense for Acquisition, Technology, and Logistics

takes precedence in the Department of Defense after the Secretary

of Defense and the Deputy Secretary of Defense.

(2) With regard to all matters other than matters for which he

has responsibility by law or by direction of the Secretary of

Defense, the Under Secretary takes precedence in the Department of

Defense after the Secretary of Defense, the Deputy Secretary of

Defense, and the Secretaries of the military departments.

-SOURCE-

(Added Pub. L. 99-348, title V, Sec. 501(a), July 1, 1986, 100

Stat. 707, Sec. 134a; renumbered Sec. 133 and amended Pub. L.

99-433, title I, Sec. 101(a)(7), 110(c)(1), (d)(8), Oct. 1, 1986,

100 Stat. 995, 1002, 1003; Pub. L. 99-500, Sec. 101(c) (title X,

Sec. 901), Oct. 18, 1986, 100 Stat. 1783-82, 1783-130, and Pub. L.

99-591, Sec. 101(c) (title X, Sec. 901), Oct. 30, 1986, 100 Stat.

3341-82, 3341-130; Pub. L. 99-661, div. A, title IX, formerly

title IV, Sec. 901, Nov. 14, 1986, 100 Stat. 3910, renumbered title

IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub.

L. 100-456, div. A, title VIII, Sec. 809(d), Sept. 29, 1988, 102

Stat. 2013; Pub. L. 103-160, div. A, title IX, Sec. 904(b), Nov.

30, 1993, 107 Stat. 1728; Pub. L. 106-65, div. A, title IX, Sec.

911(a)(2), (d)(2), Oct. 5, 1999, 113 Stat. 717, 719; Pub. L.

107-107, div. A, title VIII, Sec. 801(a), Dec. 28, 2001, 115 Stat.

1174.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (d)(3),

is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which

is set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

PRIOR PROVISIONS

A prior section 133 was renumbered section 113 of this title.

AMENDMENTS

2001 - Subsec. (b)(2). Pub. L. 107-107 inserted ''of goods and

services'' after ''procurement''.

1999 - Pub. L. 106-65, Sec. 911(d)(2), substituted ''Under

Secretary of Defense for Acquisition, Technology, and Logistics''

for ''Under Secretary of Defense for Acquisition and Technology''

in section catchline.

Subsec. (a). Pub. L. 106-65, Sec. 911(a)(2)(A), substituted

''Under Secretary of Defense for Acquisition, Technology, and

Logistics'' for ''Under Secretary of Defense for Acquisition and

Technology''.

Subsec. (b). Pub. L. 106-65, Sec. 911(a)(2)(A), substituted

''Under Secretary of Defense for Acquisition, Technology, and

Logistics'' for ''Under Secretary of Defense for Acquisition and

Technology'' in introductory provisions.

Subsec. (b)(2). Pub. L. 106-65, Sec. 911(a)(2)(B)(i), struck out

''logistics,'' after ''research and development,''.

Subsec. (b)(3) to (5). Pub. L. 106-65, Sec. 911(a)(2)(B)(ii),

(iii), added par. (3) and redesignated former pars. (3) and (4) as

(4) and (5), respectively.

Subsec. (e)(1). Pub. L. 106-65, Sec. 911(a)(2)(A), substituted

''Under Secretary of Defense for Acquisition, Technology, and

Logistics'' for ''Under Secretary of Defense for Acquisition and

Technology''.

1993 - Pub. L. 103-160 substituted ''Under Secretary of Defense

for Acquisition and Technology'' for ''Under Secretary of Defense

for Acquisition'' in section catchline and in subsecs. (a), (b),

and (e)(1).

1988 - Subsec. (d)(1). Pub. L. 100-456 inserted provision that

policies provide for coordination of annual plans developed by each

such element for the conduct of audit and oversight functions

within each contracting activity.

1986 - Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661

generally amended section identically. Prior to amendment, section

read as follows:

''(a) There is an Under Secretary of Defense for Acquisition,

appointed from civilian life by the President, by and with the

advice and consent of the Senate.

''(b) The Under Secretary shall perform such duties and exercise

such powers as the Secretary of Defense may prescribe, except as

otherwise provided by law.''

Pub. L. 99-433 renumbered section 134a of this title as this

section, struck out '': appointment'' at end of section catchline,

and inserted ''of Defense'' after ''Under Secretary'' in subsec.

(a).

-CHANGE-

CHANGE OF NAME

Pub. L. 106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999,

113 Stat. 717, provided that: ''The position of Under Secretary of

Defense for Acquisition and Technology in the Department of Defense

is hereby redesignated as the Under Secretary of Defense for

Acquisition, Technology, and Logistics. Any reference in any law,

regulation, document, or other record of the United States to the

Under Secretary of Defense for Acquisition and Technology shall be

treated as referring to the Under Secretary of Defense for

Acquisition, Technology, and Logistics.''

Pub. L. 103-160, div. A, title IX, Sec. 904(a), (f), Nov. 30,

1993, 107 Stat. 1728, 1729, provided that the office of Under

Secretary of Defense for Acquisition in the Department of Defense

was redesignated as Under Secretary of Defense for Acquisition and

Technology, the office of Deputy Under Secretary of Defense for

Acquisition in the Department of Defense was redesignated as Deputy

Under Secretary of Defense for Acquisition and Technology, and any

reference to the Under Secretary of Defense for Acquisition or the

Deputy Under Secretary of Defense for Acquisition in any provision

of law other than this title, or in any rule, regulation, or other

paper of the United States was to be treated as referring to the

Under Secretary of Defense for Acquisition and Technology or the

Deputy Under Secretary of Defense for Acquisition and Technology,

respectively.

-MISC4-

IMPROVEMENT IN DEFENSE RESEARCH AND PROCUREMENT LIAISON WITH ISRAEL

Section 1006 of Pub. L. 100-456, as amended by Pub. L. 103-160,

div. A, title IX, Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub.

L. 106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113

Stat. 717, provided that: ''The Secretary of Defense, in

consultation with the Under Secretary of Defense for Acquisition,

Technology, and Logistics, shall designate for duty in Israel an

individual or individuals to serve as the primary liaison between

the procurement and research and development activities of the

United States Armed Forces and those of the State of Israel.''

ORDER OF SUCCESSION

For order of succession in event of death, disability, or

resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61

F.R. 18483, set out as a note under section 3345 of Title 5,

Government Organization and Employees.

-CITE-

10 USC Sec. 133a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

-HEAD-

Sec. 133a. Deputy Under Secretary of Defense for Acquisition and

Technology

-STATUTE-

(a) There is a Deputy Under Secretary of Defense for Acquisition

and Technology, appointed from civilian life by the President, by

and with the advice and consent of the Senate.

(b) The Deputy Under Secretary of Defense for Acquisition and

Technology shall assist the Under Secretary of Defense for

Acquisition, Technology, and Logistics in the performance of the

Under Secretary's duties relating to acquisition and technology.

-SOURCE-

(Added Pub. L. 99-500, Sec. 101(c) (title X, Sec. 902(a)(1)), Oct.

18, 1986, 100 Stat. 1783-82, 1783-131, and Pub. L. 99-591, Sec.

101(c) (title X, Sec. 902(a)(1)), Oct. 30, 1986, 100 Stat. 3341-82,

3341-131; Pub. L. 99-661, div. A, title IX, formerly title IV,

Sec. 902(a)(1), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX,

Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; amended

Pub. L. 103-160, div. A, title IX, Sec. 904(c), Nov. 30, 1993, 107

Stat. 1728; Pub. L. 103-337, div. A, title X, Sec. 1070(a)(2),

Oct. 5, 1994, 108 Stat. 2855; Pub. L. 104-106, div. A, title IX,

Sec. 903(c)(1), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104-201,

div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617; Pub.

L. 106-65, div. A, title IX, Sec. 911(c), Oct. 5, 1999, 113 Stat.

718; Pub. L. 107-107, div. A, title X, Sec. 1048(b)(1), Dec. 28,

2001, 115 Stat. 1225.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

Pub. L. 99-500 and Pub. L. 99-661 added identical sections.

-MISC3-

PRIOR PROVISIONS

A prior section 133a was renumbered section 117 of this title.

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-107 substituted ''shall assist

the Under Secretary of Defense for Acquisition, Technology, and

Logistics'' for ''shall assist the Under Secretary of Defense for

Acquisition and Technology''.

1999 - Subsec. (b). Pub. L. 106-65 substituted ''the Under

Secretary's duties relating to acquisition and technology.'' for

''his duties. The Deputy Under Secretary shall act for, and

exercise the powers of, the Under Secretary when the Under

Secretary is absent or disabled.''

1996 - Pub. L. 104-106, Sec. 903(a), (c)(1), which directed

repeal of this section eff. Jan. 31, 1997, was repealed by Pub. L.

104-201.

1994 - Subsec. (b). Pub. L. 103-337 inserted ''and Technology''

before ''in the performance of''.

1993 - Pub. L. 103-160 substituted ''Deputy Under Secretary of

Defense for Acquisition and Technology'' for ''Deputy Under

Secretary of Defense for Acquisition'' as section catchline and in

subsecs. (a) and (b).

ORDER OF SUCCESSION

For order of succession in event of death, disability, or

resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61

F.R. 18483, set out as a note under section 3345 of Title 5,

Government Organization and Employees.

-CITE-

10 USC Sec. 133b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

-HEAD-

Sec. 133b. Deputy Under Secretary of Defense for Logistics and

Materiel Readiness

-STATUTE-

(a) There is a Deputy Under Secretary of Defense for Logistics

and Materiel Readiness, appointed from civilian life by the

President, by and with the advice and consent of the Senate. The

Deputy Under Secretary shall be appointed from among persons with

an extensive background in the sustainment of major weapon systems

and combat support equipment.

(b) The Deputy Under Secretary is the principal adviser to the

Secretary and the Under Secretary of Defense for Acquisition,

Technology, and Logistics on logistics and materiel readiness in

the Department of Defense and is the principal logistics official

within the senior management of the Department of Defense.

(c) The Deputy Under Secretary shall perform such duties relating

to logistics and materiel readiness as the Under Secretary of

Defense for Acquisition, Technology, and Logistics may assign,

including -

(1) prescribing, by authority of the Secretary of Defense,

policies and procedures for the conduct of logistics,

maintenance, materiel readiness, and sustainment support in the

Department of Defense;

(2) advising and assisting the Secretary of Defense, the Deputy

Secretary of Defense, and the Under Secretary of Defense for

Acquisition, Technology, and Logistics providing guidance to and

consulting with the Secretaries of the military departments, with

respect to logistics, maintenance, materiel readiness, and

sustainment support in the Department of Defense; and

(3) monitoring and reviewing all logistics, maintenance,

materiel readiness, and sustainment support programs in the

Department of Defense.

-SOURCE-

(Added Pub. L. 106-65, div. A, title IX, Sec. 911(b)(1), Oct. 5,

1999, 113 Stat. 718.)

-MISC1-

PRIOR PROVISIONS

A prior section 133b was renumbered section 118 of this title.

-CITE-

10 USC Sec. 134 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

-HEAD-

Sec. 134. Under Secretary of Defense for Policy

-STATUTE-

(a) There is an Under Secretary of Defense for Policy, appointed

from civilian life by the President, by and with the advice and

consent of the Senate. A person may not be appointed as Under

Secretary within 10 years after relief from active duty as a

commissioned officer of a regular component of an armed force.

(b)(1) The Under Secretary shall perform such duties and exercise

such powers as the Secretary of Defense may prescribe.

(2) The Under Secretary shall assist the Secretary of Defense -

(A) in preparing written policy guidance for the preparation

and review of contingency plans; and

(B) in reviewing such plans.

(3) Subject to the authority, direction, and control of the

Secretary of Defense, the Under Secretary shall have responsibility

for supervising and directing activities of the Department of

Defense relating to export controls.

(4) Subject to the authority, direction, and control of the

Secretary of Defense, the Under Secretary of Defense for Policy

shall have overall direction and supervision for policy, program

planning and execution, and allocation and use of resources for the

activities of the Department of Defense for combating terrorism.

(c) The Under Secretary takes precedence in the Department of

Defense after the Secretary of Defense, the Deputy Secretary of

Defense, the Under Secretary of Defense for Acquisition,

Technology, and Logistics, and the Secretaries of the military

departments.

-SOURCE-

(Added Pub. L. 99-433, title I, Sec. 105(1), Oct. 1, 1986, 100

Stat. 997; amended Pub. L. 99-500, Sec. 101(c) (title X, Sec.

903(a)), Oct. 18, 1986, 100 Stat. 1783-82, 1783-132, and Pub. L.

99-591, Sec. 101(c) (title X, Sec. 903(a)), Oct. 30, 1986, 100

Stat. 3341-82, 3341-132; Pub. L. 99-661, div. A, title IX,

formerly title IV, Sec. 903(a), Nov. 14, 1986, 100 Stat. 3911,

renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101

Stat. 273; Pub. L. 103-160, div. A, title IX, Sec. 904(d)(1), Nov.

30, 1993, 107 Stat. 1728; Pub. L. 105-261, div. A, title XV, Sec.

1521(a), Oct. 17, 1998, 112 Stat. 2178; Pub. L. 106-65, div. A,

title IX, Sec. 911(d)(1), Oct. 5, 1999, 113 Stat. 719; Pub. L.

107-314, div. A, title IX, Sec. 902(b), Dec. 2, 2002, 116 Stat.

2620.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

PRIOR PROVISIONS

Provisions of this section were contained in section 135 of this

title prior to amendment by Pub. L. 99-433.

A prior section 134 was renumbered section 132 of this title.

AMENDMENTS

2002 - Subsec. (b)(4). Pub. L. 107-314 added par. (4).

1999 - Subsec. (c). Pub. L. 106-65 substituted ''Under Secretary

of Defense for Acquisition, Technology, and Logistics'' for ''Under

Secretary of Defense for Acquisition and Technology''.

1998 - Subsec. (b)(3). Pub. L. 105-261 added par. (3).

1993 - Subsec. (c). Pub. L. 103-160 substituted ''Under Secretary

of Defense for Acquisition and Technology'' for ''Under Secretary

of Defense for Acquisition''.

1986 - Subsec. (c). Pub. L. 99-500, Pub. L. 99-591, and Pub. L.

99-661 amended subsec. (c) identically, inserting ''the Under

Secretary of Defense for Acquisition,''.

ORDER OF SUCCESSION

For order of succession in event of death, disability, or

resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61

F.R. 18483, set out as a note under section 3345 of Title 5,

Government Organization and Employees.

IMPLEMENTATION OF AMENDMENTS BY PUB. L. 105-261

Pub. L. 105-261, div. A, title XV, Sec. 1521(c), (d), Oct. 17,

1998, 112 Stat. 2179, provided that:

''(c) Time for Implementation. - The Secretary of Defense shall

complete the actions necessary to implement the amendment made by

subsection (a) (amending this section) and to establish the office

of Deputy Under Secretary of Defense for Technology Security Policy

in accordance with section 134b of title 10, United States Code, as

added by subsection (b), not later than 60 days after the date of

the enactment of this Act (Oct. 17, 1998).

''(d) Report. - Not later than 90 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to the

Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives (now Committee on

Armed Services of the House of Representatives) a report on the

plans of the Secretary for implementing the amendments made by

subsections (a) and (b) (enacting section 134b of this title and

amending this section). The report shall include the following:

''(1) A description of any organizational changes that are to

be made within the Department of Defense to implement those

amendments.

''(2) A description of the role of the Chairman of the Joint

Chiefs of Staff in the export control activities of the

Department of Defense after those subsections are implemented,

together with a discussion of how that role compares to the

Chairman's role in those activities before the implementation of

those subsections.''

-CITE-

10 USC Sec. 134a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

-HEAD-

Sec. 134a. Deputy Under Secretary of Defense for Policy

-STATUTE-

(a) There is a Deputy Under Secretary of Defense for Policy,

appointed from civilian life by the President, by and with the

advice and consent of the Senate.

(b) The Deputy Under Secretary of Defense for Policy shall assist

the Under Secretary of Defense for Policy in the performance of his

duties. The Deputy Under Secretary of Defense for Policy shall act

for, and exercise the powers of, the Under Secretary when the Under

Secretary is absent or disabled.

-SOURCE-

(Added Pub. L. 102-190, div. A, title IX, Sec. 901(a)(1), Dec. 5,

1991, 105 Stat. 1450; amended Pub. L. 104-106, div. A, title IX,

Sec. 903(c)(2), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104-201,

div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617.)

-MISC1-

PRIOR PROVISIONS

A prior section 134a was renumbered section 133 of this title.

AMENDMENTS

1996 - Pub. L. 104-106, Sec. 903(a), (c)(2), which directed

repeal of this section eff. Jan. 31, 1997, was repealed by Pub. L.

104-201.

ORDER OF SUCCESSION

For order of succession in event of death, disability, or

resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61

F.R. 18483, set out as a note under section 3345 of Title 5,

Government Organization and Employees.

-CITE-

10 USC Sec. 134b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

-HEAD-

Sec. 134b. Deputy Under Secretary of Defense for Technology

Security Policy

-STATUTE-

(a) There is in the Office of the Under Secretary of Defense for

Policy a Deputy Under Secretary of Defense for Technology Security

Policy.

(b) The Deputy Under Secretary serves as the Director of the

Defense Technology Security Administration (or any successor

organization charged with similar responsibilities).

(c) The principal duties of the Deputy Under Secretary are -

(1) assisting the Under Secretary of Defense for Policy in

supervising and directing the activities of the Department of

Defense relating to export controls; and

(2) assisting the Under Secretary of Defense for Policy in

developing policies and positions regarding the appropriate

export control policies and procedures that are necessary to

protect the national security interests of the United States.

(d) The Deputy Under Secretary shall perform such additional

duties and exercise such authority as the Secretary of Defense may

prescribe.

-SOURCE-

(Added Pub. L. 105-261, div. A, title XV, Sec. 1521(b)(1), Oct.

17, 1998, 112 Stat. 2178.)

-CITE-

10 USC Sec. 135 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE

-HEAD-

Sec. 135. Under Secretary of Defense (Comptroller)

-STATUTE-

(a) There is an Under Secretary of Defense (Comptroller),

appointed from civilian life by the President, by and with the

advice and consent of the Senate.

(b) The Under Secretary of Defense (Comptroller) is the agency

Chief Financial Officer of the Department of Defense for the

purposes of chapter 9 of title 31. The Under Secretary of Defense

(Comptroller) shall perform such additional duties and exercise

such powers as the Secretary of Defense may prescribe.

(c) The Under Secretary of Defense (Comptroller) shall advise and

assist the Secretary of Defense -

(1) in performing such budgetary and fiscal functions and

duties, and in exercising such budgetary and fiscal powers, as

are needed to carry out the powers of the Secretary;

(2) in supervising and directing the preparation of budget

estimates of the Department of Defense;

(3) in establishing and supervising the execution of

principles, policies, and procedures to be followed in connection

with organizational and administrative matters relating to -

(A) the preparation and execution of budgets;

(B) fiscal, cost, operating, and capital property accounting;

and

(C) progress and statistical reporting;

(4) in establishing and supervising the execution of policies

and procedures relating to the expenditure and collection of

funds administered by the Department of Defense; and

(5) in establishing uniform terminologies, classifications, and

procedures concerning matters covered by clauses (1) through (4).

(d) The Under Secretary of Defense (Comptroller) takes precedence

in the Department of Defense after the Under Secretary of Defense

for Policy.

(e)(1) The Under Secretary of Defense (Comptroller) shall ensure

that each congressional committee specified in paragraph (2) is

informed, in a timely manner, regarding all matters relating to the

budgetary, fiscal, and analytic activities of the Department of

Defense that are under the supervision of the Under Secretary of

Defense (Comptroller).

(2) The committees referred to in paragraph (1) are -

(A) the Committee on Armed Services and the Committee on

Appropriations of the Senate; and

(B) the Committee on Armed Services and the Committee on

Appropriations of the House of Representatives.

-SOURCE-

(Added Pub. L. 99-433, title I, Sec. 107, Oct. 1, 1986, 100 Stat.

998, Sec. 137; renumbered Sec. 135 and amended Pub. L. 103-160,

div. A, title IX, Sec. 901(a)(2), 902(a)(1), (b), Nov. 30, 1993,

107 Stat. 1726, 1727; Pub. L. 103-337, div. A, title IX, Sec.

903(a)(1), (2), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 104-106,

div. A, title XV, Sec. 1502(a)(6), Feb. 10, 1996, 110 Stat. 502;

Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113

Stat. 774.)

-MISC1-

PRIOR PROVISIONS

A prior section 135 was renumbered section 139a of this title.

AMENDMENTS

1999 - Subsec. (e)(2)(B). Pub. L. 106-65 substituted ''Committee

on Armed Services'' for ''Committee on National Security''.

1996 - Subsec. (e). Pub. L. 104-106 designated existing

provisions as par. (1), substituted ''each congressional committee

specified in paragraph (2) is'' for ''the Committees on Armed

Services and the Committees on Appropriations of the Senate and

House of Representatives are each'', and added par. (2).

1994 - Pub. L. 103-337, Sec. 903(a)(2), substituted ''Under

Secretary of Defense (Comptroller)'' for ''Comptroller'' as section

catchline.

Subsec. (a). Pub. L. 103-337, Sec. 903(a)(1)(A), substituted ''an

Under Secretary of Defense (Comptroller)'' for ''a Comptroller of

the Department of Defense''.

Subsecs. (b) to (e). Pub. L. 103-337, Sec. 903(a)(1)(B),

substituted ''Under Secretary of Defense (Comptroller)'' for

''Comptroller'' wherever appearing.

1993 - Pub. L. 103-160, Sec. 901(a)(2), renumbered section 137 of

this title as this section.

Subsec. (b). Pub. L. 103-160, Sec. 902(a)(1), inserted ''The

Comptroller is the agency Chief Financial Off