Title 10 — Armed Forces
Part I · Chapter 4 — Office of the Secretary of Defense
§ 132. Deputy Secretary of Defense
Statutory text
There is a Deputy Secretary of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management experience. A person may not be appointed as Deputy Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
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 dies, resigns, or is otherwise unable to perform the functions and duties of the office.
If the Secretary is unable to perform the functions and duties of the office as described in subparagraph (A), the Deputy Secretary, or any other individual performing such functions and duties in accordance with applicable law, shall, not later than 24 hours before any planned transfer of such functions and duties or 24 hours after any unplanned transfer of such functions and duties, notify the following of the transfer:
The Committee on Armed Services, the Committee on Appropriations, and the majority and minority leaders of the Senate.
The Committee on Armed Services, the Committee on Appropriations, the Speaker, and the minority leader of the House of Representatives.
The Deputy Secretary takes precedence in the Department of Defense immediately after the Secretary.
Until , the Deputy Secretary of Defense shall lead the Guam Oversight Council and shall be the Department of Defense’s principal representative for coordinating the interagency efforts in matters relating to Guam, including the following executive orders:
Executive Order No. 13299 of (68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451; relating to the Interagency Group on Insular Affairs).
Executive Order No. 12788 of , as amended (57 Fed. Reg. 2213; relating to the Defense Economic Adjustment Program).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 87–651 title II § 202 · 76 Stat. 506
Enacted · 10 U.S.C. § 132
Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 518, § 134
Source evidence
Code source credit
Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 518, § 134Enacted provision · exact public law section
Sec. 202. Subtitle A of title 10, United States Code, is amended by 10 USC 101 et seq. adding after Chapter 3: “CHAPTER 4.— DEPARTMENT OF DEFENSE “Sec. “131. Executive department. “132. Seal. “133. Secretary of Defense: appointment: powers and duties; delegation by. “134. Deputy Secretary of Defense: appointment; powers and duties; precedence. “135. Director of Defense Research and Engineering: appointment; powers and duties; precedence. “136. Assistant Secretaries of Defense: appointment; powers and duties; precedence. “137. General Counsel: appointment; powers and duties. “§ 131. Executive department “The Department of Defense is an executive department of the United States. “§ 132. Seal “The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal. “§ 133. Secretary of Defense: appointment; powers and duties; delegation by “(a) There is a Secretary of Defense, who is the head of the Department 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 Secretary of Defense within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force. “(b) The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 401 of title 50, he has authority, direction, and control over the Department of Defense. “(c) The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by. the report, together with— “(1) a report from each military department on the expenditures, work, and accomplishments of that department; “(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under section 125 of this title; Ante, p. 515. “(3) a report from the Reserve Forces Policy Board on the reserve programs of the Department of Defense, including a review of the effectiveness of chapters 51, 337, 361, 363, 549, 573, 837, 861, and 863 of this title, as far as they apply to reserve officers; and “(4) such recommendations as he considers appropriate. “(d) Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense as he may designate. “§ 134. Deputy Secretary of Defense: appointment; powers and duties; precedence “(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 10 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 absent or disabled. “(c) The Deputy Secretary takes precedence in the Department of Defense immediately after the Secretary. “§ 135. Director of Defense Research and Engineering: appointment; powers and duties; precedence “(a) There is a Director of Defense Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate. “(b) The Director performs such duties relating to research and engineering as the Secretary of Defense may prescribe, including— “(1) being the principal adviser to the Secretary on scientific and technical matters; “(2) supervising all research and engineering activities in the Department of Defense; and “(3) directing, controlling, assigning, and reassigning research and engineering activities that the Secretary considers need centralized management. “(c) The Director takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, and the Secretaries of the military departments. “§ 136. Assistant Secretaries of Defense: appointment; powers and duties; precedence “(a) There are seven Assistant Secretaries of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. “(b) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. In addition, one of the Assistant Secretaries shall be the Comptroller of the Department of Defense and shall, subject to the authority, direction, and control of the Secretary— “(1) advise and assist, the Secretary 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) supervise and direct the preparation of budget estimates of the Department of Defense; “(3) establish and supervise the execution of principles, policies, and procedures to be followed in connection with organizational arid administrative matters relating to— “(A) the preparation and execution of budgets; “(B) fiscal, cost, operating, and capital property accounting; “(C) progress and statistical reporting; and “(D) internal audit; “(4) establish and supervise the execution of policies and procedures relating to the expenditure and collection of funds administered by the Department of Defense; and “(5) establish uniform terminologies, classifications, and procedures concerning matters covered by clauses (1)–(4). “(c) Except as otherwise specifically provided by law, an Assistant Secretary may not issue an order to a military department unless— “(1) the Secretary of Defense has specifically delegated that authority to him in writing; and “(2) the order is issued through the Secretary of the military department concerned, or his designee. “(d) In carrying out subsection (c) and sections 3010, 3012(b) (last two sentences), 5011 (first two sentences), 5031(a) (last two sentences), 8010, and 8012(b) (last two sentences) of this title, the Post, p. 524. Secretary of each military department, his civilian assistants, and members of the armed forces under the jurisdiction of his department 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. “(e) The Assistant Secretaries take precedence in the Department of Defense after the Secretary, the Deputy Secretary of Defense, the Secretaries of the military departments and the Director of Defense Research and Engineering. “§ 137. General Counsel: appointment; powers and duties “(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. “(c) The General Counsel shall receive compensation at the rate prescribed by law for assistant secretaries of executive departments.”Pub. L. 92–596 § 4(1) · 86 Stat. 1317
Substituted · 10 U.S.C. § 132
Pub. L. 92–596 substituted “Deputy Secretaries” for “Deputy Secretary” in section catchline
Source evidence
Code amendment note
Pub. L. 92–596 substituted “Deputy Secretaries” for “Deputy Secretary” in section catchline.Enacted provision · exact public law section
(1) Section 134 is amended to read as follows: “§ 134. Deputy Secretaries of Defense: appointment; powers and duties; precedence “(a) There are two Deputy Secretaries 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 a 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 Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Deputy Secretaries, in the order of precedence, designated by the President 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 Secretaries take precedence in the Department of Defense immediately after the Secretary.”Pub. L. 92–596 § 4(1) · 86 Stat. 1317
Substituted · 10 U.S.C. § 132(a)
Pub. L. 92–596 substituted “There are two Deputy Secretaries of Defense” for “There is a Deputy Secretary of Defense”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 92–596 substituted “There are two Deputy Secretaries of Defense” for “There is a Deputy Secretary of Defense”.Enacted provision · exact public law section
(1) Section 134 is amended to read as follows: “§ 134. Deputy Secretaries of Defense: appointment; powers and duties; precedence “(a) There are two Deputy Secretaries 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 a 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 Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Deputy Secretaries, in the order of precedence, designated by the President 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 Secretaries take precedence in the Department of Defense immediately after the Secretary.”Pub. L. 92–596 § 4(1) · 86 Stat. 1317
Changed · 10 U.S.C. § 132(b)
Pub. L. 92–596 provided for the exercise of powers and duties consequent to the creation of a second Deputy Secretary
Source evidence
Code amendment note
Subsec. (b). Pub. L. 92–596 provided for the exercise of powers and duties consequent to the creation of a second Deputy Secretary.Enacted provision · exact public law section
(1) Section 134 is amended to read as follows: “§ 134. Deputy Secretaries of Defense: appointment; powers and duties; precedence “(a) There are two Deputy Secretaries 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 a 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 Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Deputy Secretaries, in the order of precedence, designated by the President 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 Secretaries take precedence in the Department of Defense immediately after the Secretary.”Pub. L. 92–596 § 4(1) · 86 Stat. 1317
Substituted · 10 U.S.C. § 132(c)
Pub. L. 92–596 substituted “The Deputy Secretaries take” for “The Deputy Secretary takes”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 92–596 substituted “The Deputy Secretaries take” for “The Deputy Secretary takes”.Enacted provision · exact public law section
(1) Section 134 is amended to read as follows: “§ 134. Deputy Secretaries of Defense: appointment; powers and duties; precedence “(a) There are two Deputy Secretaries 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 a 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 Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Deputy Secretaries, in the order of precedence, designated by the President 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 Secretaries take precedence in the Department of Defense immediately after the Secretary.”Pub. L. 95–140 § 1(a)(4) · 91 Stat. 1172
Substituted · 10 U.S.C. § 132
Pub. L. 95–140, § 1(a)(4), substituted “Deputy Secretary” for “Deputy Secretaries” in section catchline
Source evidence
Code amendment note
Pub. L. 95–140, § 1(a)(4), substituted “Deputy Secretary” for “Deputy Secretaries” in section catchline.Enacted provision · exact public law section
(1) in subsection (a), by striking out “There are two Deputy Secretaries” in the first sentence and inserting in lieu thereof “There is a Deputy Secretary”, and by striking out “a” in the second sentence immediately before “Deputy Secretary”;Pub. L. 95–140 § 1(a)(1) · 91 Stat. 1172
Substituted · 10 U.S.C. § 132(a)
Pub. L. 95–140, § 1(a)(1), substituted “There is a Deputy Secretary” for “There are two Deputy Secretaries”
Struck · 10 U.S.C. § 132(a)
Pub. L. 95–140, § 1(a)(1), struck out “a” before “Deputy Secretary”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–140, § 1(a)(1), substituted “There is a Deputy Secretary” for “There are two Deputy Secretaries” and struck out “a” before “Deputy Secretary”.Enacted provision · exact public law section
(1) in subsection (a), by striking out “There are two Deputy Secretaries” in the first sentence and inserting in lieu thereof “There is a Deputy Secretary”, and by striking out “a” in the second sentence immediately before “Deputy Secretary”;Pub. L. 95–140 § 1(a)(2) · 91 Stat. 1172
Substituted · 10 U.S.C. § 132(b)
Pub. L. 95–140, § 1(a)(2), substituted “Deputy Secretary” for “Deputy Secretaries”
Substituted · 10 U.S.C. § 132(b)
Pub. L. 95–140, § 1(a)(2), substituted “Deputy Secretary” for “Deputy Secretaries, in the order of precedence, designated by the President”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–140, § 1(a)(2), substituted “Deputy Secretary” for “Deputy Secretaries” and “Deputy Secretary” for “Deputy Secretaries, in the order of precedence, designated by the President”.Enacted provision · exact public law section
(1) in subsection (a), by striking out “There are two Deputy Secretaries” in the first sentence and inserting in lieu thereof “There is a Deputy Secretary”, and by striking out “a” in the second sentence immediately before “Deputy Secretary”;Pub. L. 95–140 § 1(a)(3) · 91 Stat. 1172
Substituted · 10 U.S.C. § 132(c)
Pub. L. 95–140, § 1(a)(3), substituted “The Deputy Secretary takes” for “The Deputy Secretaries take”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–140, § 1(a)(3), substituted “The Deputy Secretary takes” for “The Deputy Secretaries take”.Enacted provision · exact public law section
(1) in subsection (a), by striking out “There are two Deputy Secretaries” in the first sentence and inserting in lieu thereof “There is a Deputy Secretary”, and by striking out “a” in the second sentence immediately before “Deputy Secretary”;Goldwater-Nichols Department of Defense Reorganization Act of 1986
Pub. L. 99–433 title I · 100 Stat. 992
Struck · 10 U.S.C. § 132
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
Source evidence
Code amendment note
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.Enacted provision · exact public law
TITLE I— DEPARTMENT OF DEFENSE GENERALLY SEC. 101. ORGANIZATION OF THE DEPARTMENT OF DEFENSE (a) Reorganization of Code.— (1) 10 USC 101 et seq. Part I of subtitle A is amended by inserting after chapter 1 the following new chapter: “CHAPTER 2— DEPARTMENT OF DEFENSE “Sec. “111. Executive department. “112. Department of Defense: seal. “113. Secretary of Defense. “114. Annual authorization of appropriations. “115. Annual authorization of personnel strengths; annual manpower requirements report. “116. Annual operations and maintenance report. “117. Annual report on North Atlantic Treaty Organization readiness. “118. Sale or transfer of defense articles: reports to Congress.”. (2) 10 USC 131 et seq. The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column) to the end of chapter 2 of such title, as added by paragraph (1), and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections of chapter 4: New sections of chapter 2 131 111 132 112 133 113 138 114 133a 117 133b 118 (3) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column 10 USC 121 et seq. ) to the end of chapter 3 of such title and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections of chapter 4: New sections of chapter 3 140 127 140a 128 140b 129 140c 130 (4) 10 USC 2201 et seq. Part IV of subtitle A is amended by inserting after chapter 143 the following new chapter: “CHAPTER 144— OVERSIGHT OF COST GROWTH IN MAJOR PROGRAMS “Sec. “2431. Weapons development and procurement schedules. “2432. Selected Acquisition Reports. “2433. Unit cost reports. “2434. Independent cost estimates.”. (5) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column) to chapter 144, as added by paragraph (4), and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections of chapter 4: New sections of chapter 3 139 2431 139a 2432 139b 2433 139c 2434 (6) The heading of chapter 4 is amended to read as follows: “CHAPTER 4— OFFICE OFTHE SECRETARY OF DEFENSE”. (7) Chapter 4 is amended by redesignating sections of such chapter listed in the left-hand column of the following table in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections: New sections 134 132 134a 133 136a 138 137 139 (b) Elements of the Department.— Section 111 (as transferred and redesignated by subsection (a)(2)) is amended— (1) by inserting “(a)” before “The Department of Defense”; and (2) by adding at the end the fol1owing: “(b) The Department is compose,i of the following: “(1) The Office of the Secretary of Defense. “(2) The Joint Chiefs of Staff. “(3) The Joint Staff. “(4) The Defense Agencies. “(5) Department of Defense Field Activities. “(6) The Department of the Army. “(7) The Department of the Navy. “(8) The Department of the Air Force. “(9) The unified and specified combatant commands. “(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President. “(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10). “(c) If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other President of U.S. than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.”. SEC. 102. POWERS AND DUTIES OF THE SECRETARY OF DEFENSE Section Post, pp. 1022, 1075. 113 (as transferred and redesignated by section 101(a)(2)) is amended by adding at the end the following new subsections: “(f) When a vacancy occurs in an office within the Department of Defense and the office is to be filled by a person appointed from civilian life by the President, by and with the advice and consent of the Senate, the Secretary of Defense shall inform the President of the qualifications needed by a person serving in that office to carry out effectively the duties and responsibilities of that office. “(g) (1) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the heads of Department of Defense components written policy guidance for the preparation and review of the program recommendations and budget proposals of their respective components. Such guidance shall include guidance on— “(A) national security objectives and policies; “(B) the priorities of military missions; and “(C) the resource levels projected to be available for the period of time for which such recommendationsand proposals are to be effective. “(2) The Secretary of Defense, with the approval of the President and after consultation with the Chairman of the Joint Chiefs of Staff, shall provide annually to the Chairman written policy guidance for the preparation and review of contingency plans. Such guidance shall include guidance on the specific force levels and specific supporting resource levels projected to be available for the period of time for which such plans are to be effective. “(h) The Secretary of Defense shall keep the Secretaries of the military departments informed with respect to military operations and activities of the Department of Defense that directly affect their respective responsibilities.”. SEC. 103. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO REORGANIZE THE DEPARTMENT OF DEFENSE Section Post, pp. 1022, 1055. 125 is amended— (1) by striking out “unless the Secretary” in the second sentence of subsection (a) and all that follows in that subsection and inserting in lieu thereof a period; and (2) by inserting “vested by law in the Department of Defense, or an officer, official, or agency thereof” in subsection (b) after “function, power, or duty”. SEC. 104. OFFICE OF THE SECRETARY OF DEFENSE Chapter 4 (as amended by section 101(a)) is further amended by inserting after the table of sections the following new section: “§ 131. Office of the Secretary or Defense “(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 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. “(c) Officers of the armed forces may be assig11ed 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.”. SEC. 105. UNDER SECRETARY FOR POLICY AND DIRECTOR OF DEFENSE RESEARCH AND ENGINEERING Chapter 4 is further amended— (1) by striking out the heading and subsection (a) of section 135 and inserting in lieu thereof the following: “§ 134. Under Secretary of Defense for Policy “(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. “(c) 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. “§ 135. Director of Defense Research and Engineering “(a) There is a Director of Defense Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate.”; and (2) by striking out the first sentence of subsections (b) and (c) of section 135 (as designated by paragraph (1)). SEC. 106. ASSISTANT SECRETARIES OF DEFENSE (a) Repeal of Specification of Certain Assistant Secretaries.— Subsection (b) of section 136 is amended— (1) by striking out paragraphs (2) and (3); (2) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (3) by striking out paragraph (6). (b) Precedence.— Subsection (e) of such section is amended— (1) by striking out “and the Under Secretaries of Defense” and inserting in lieu thereof “the Under Secretaries of Defense, and the Director of Defense Research and Engineering”; and (2) by adding at the end the following new sentence: “The Assistant Secretaries take precedence amon themselves in the order prescribed by the Secreqiry of Defense.”. (c) Conforming Amendments.— Such section is further amended— (1) in subsection (c)— (A) by striking out “him” in paragraph (1) and inserting in lieu thereof “the Assistant Secretary”; and (B) by striking out “, or his designee” in paragraph (2); (2) by striking out subsection (d); and (3) by redesignating subsection (e) (as amended by subsection (b) of this section) as subsection (d). SEC. 107. COMPTROLLER OF THE DEPARTMENT OF DEFENSE Chapter 4 is further amended by inserting after section 136 the following new section: “§ 137. Comptroller “(a) There is a Comptroller of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. “(b) The Comptroller shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. “(c) The 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 outthe 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).”. SEC. 108. INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE Chapter 4 is further amended by inserting after section 139 (as redesignated by section 101(a)) the following new section: “§ 140. Inspector General “(a) There is an Inspector General of the Department of Defense, who is appointed as provided in section 3 of the Inspector General Act of 1978 (Public Law 95–452; 5 U.S.C. App. 3). “(b) The Inspector General performs the duties, has the responsibilities, and exercises the powers specified in the Inspector General Act of 1978.”. 5 USC app. SEC. 109. MANAGEMENT STUDIES OF OFFICE OF THE SECRETARY OF DEFENSE (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 Reports. submit a joint report to the Secretary of Defense on such study at a timespecified 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 Reports. 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 decisionmakingand 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) decentralizingfunctions 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 Wages. 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 whoare 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 entitiesof 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 mattersset 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 oneyear after the date of the enactment of this Act. SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS (a) Conforming Amendment For Office of Secretary of Defense.— Chapter 41 is amended 10 USC 711 et seq. — (1) by striking out section 718; and (2) by striking out the item relating to that section in the table of sections at the beginning of such chapter. (b) Revision of Old Section 138.— Section 114 (as transferred and redesignated by section 101(a)) is amended— (1) by striking out the section heading and inserting in lieu thereof the following: “§ 114. Annual authorization of appropriations”; (2) by transferring subsection (h) to the end of section 113 (as transferred and redesignated by section 101(a) and amended by section 102) and redesignating such subsection as subsection (i); (3) by striking out “(as defined in subsection (f))” in subsection (a)(6); (4) by inserting after subsection (a)the following: “§ 115. Annual authorization of personnel strengths; annual manpower requirements report”; (5) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; (6) by inserting after such subsection (c) (as so redesignated) the following: “§ 116. Annual operations and maintenance report”; (7) by redesignating subsection (e) as subsection (a); (8) by transferring subsection (f)(1) to the end of section 114 (as determined bl the amendments made by this subsection) and striking out “(f)(1)” therein and inserting in lieu thereof “(b)”; (9) by striking out “(2) In subsection (e)” and inserting in lieu thereof “(b) In this section”; (10) by striking out “(A) ‘Combat” and “(B) ‘Major” and inserting in lieu thereof “(1) The term ‘combat” and “(2) The term ‘major”, respectively; and (11) by transferring subsections (g) and (i) to the end of section 114 (as determined by the amendments made by this subsection) and redesignating such subsections as subsections (c) and (d), respectively. (c) Technical Amendments.— (1) Section 188 (as redesignated by section 101(a)) is amended by inserting “of Defense” in subsection (a) after “Under Secretary”. (2) The heading of chapter 3 is amended to read as follows: “CHAPTER 3— GENERAL POWERS AND FUNCTIONS”. (d) Revised Section Headings.— (1) The heading of section 112 (as redesignated by section 101(a)) is amended to read as follows: “§ 112. Department of Defense: seal”. (2) The heading of section 118 (as redesignated by section 101(a)) is amended to read as follows: “§ 113. Secretary of Defense”. (3) The heading of section 117 (as redesignated by section 101(a)) is amended to read as follows: “§ 117. Annual report on North Atlantic Treaty Organization readiness”. (4) The heading of section 127 (as redesignated by section 101(a)) is amended to read as follows: “§ 127. Emergency and extraordinary expenses”. (5) The heading of section 128 (as redesignated by section 101(a)) is amended to read as follows: “§ 128. Funds transfers for foreign cryptologic support”. (6) The heading of section 130 (as redesignated by section 101(a)) is amended to read as follows: “§ 130. Authority to withhold from public disclosure certain technical data”. (7) The heading of section 182 (as redesignated by section 101(a)) is amended to read as follows: “§ 132. Deputy Secretary of Defense”. (8) The heading of section 188(as redesignated by section 101(a)) is amended to read as follows: “§ 133. Under Secretary of Defense for Acquisition”. (9) The heading of section 136 is amended to read as follows: “§ 136. Assistant Secretaries of Defense”. (10) The heading of section 138 (as redesignated by section 101(a)) is amended to read as follows: “§ 138. Director of Operational Test and Evaluation”. (11) The heading of section 189 (as redesignated by section 101(a)) is amended to read as follows: “§ 139. General Counsel”. (12) The heading of section 2431 (as redesignated by section 101(a)) is amended to read as follows: “§ 2431. Weapons development and procurement schedules”. (13) The heading of section 2432 (as redesignated by section 101(a)) is amended to read as follows: “§ 2432. Selected Acquisition Reports”. (14) The heading of section 2433 (as redesignated by section 101(a)) is amended to read as follows: “§ 2433. Unit cost reports”. (15) The heading of section 2434 (as redesignated by section 101(a)) is amended to read as follows: “§ 2434. Independent cost estimates”. (e) Clerical Amendments for Reorganization of Chapter 4.— (1) The table of sections at the beginning of chapter 3 is amended by adding at the end the following new items: “127. Emergency and extraordinary expenses. “128. Funds transfers for foreign cryptologic support. “129. Prohibition of certain civilian personnel management constraints. “130. Authority to withhold from public disclosure certain technical data.”. (2) The table of sections at the beginning of chapter 4 is amended to read as follows: “Sec. “131. Office of the Secretary of Defense. “132. Deputy Secretary of Defense. “133. Under Secretary of Defense for Acquisition. “134. Under Secretaey of Defense for Policy. “135. Director of Defense Research and Engineering. “136. Assistant Secretaries of Defense. “137. Comptroller. “138. Director of Operational Test and Evaluation. “139. General Counsel. “140. Inspector General.”. (g) Cross Reference Amendments to Title 10.— (1) Section 138(a)(2)(B) (as redesignated by section 101(a)) is amended by striking out “section 139a(a)(1)” and inserting in lieu thereof “section 2432(a)(1)”. (2) Section 1621(3) is amended by striking out “section 139a(a)(1)” and inserting in lieu thereof “section 2432(a)(1)”. (3) Section 2305a(d) is amended— (A) by striking out “section 139a(a)” in paragraph (1) and inserting in lieu thereof “section 2432(a)”; and (B) by striking out “section 139a(a)(1)(B)” both places it appears in paragraph (2) and inserting in lieu thereof “section 2432(a)(1)(B)”. (4) Section 2362(e)(2) is amended by striking out “section 139a” and inserting in lieu thereof “section 2432”. (5) Section 2403(e) is amended by striking out “section 139a” in paragraphs (1) and (2) and inserting in lieu thereof “section 2432”. (6) Section 2431 (as redesignated by section 101(a)) is amended by striking out “section 138(a)” in subsection (a) and inserting in lieu thereof “section 114(a)”. (7) Section 2432(c) (as redesignated by section 101(a)) is amended by striking out “section 139” in subsection (c)(1) and inserting in lieu thereof “section 2431”. (8) Section 2433 (as redesignated by section 101(a)) is amended— (A) by striking out “section 139a(a)” in subsection (a)(1) and inserting in lieu thereof “section 2432(a)”; and (B) by striking out “section 139a(b)(3)” in subsection (b) and inserting in lieu thereof “section 2432(b)(3)”. (9) Section 2434(b)(1) (as redesignated by section 101(a)) is amended by striking out “section 139a(a)(1)” and inserting in lieu thereof “section 2432(a)(1)”. (10) Section 8062(e) is amended by striking out “section 138” and inserting in lieu thereof “section 114”. (h) Cross Reference Amendments to Other Acts.— (1) Section 5l(c)(1) of the Arms Export Control Act (22 U.S.C. 2795(c)(1)) is amended by striking out “section 138(g)” and inserting in lieu thereof “section 114(c)”. (2) Section 53(b) of the Arms Export Control Act (22 U.S.C. 2795b(b)) is amended by striking out “section 139(a)” and inserting in lieu thereof “section 2431(a)”. (3) Section 303(c) of the Internal Security Act of 1950 (50 U.S.C. 833(c)) is amended by striking out “section 133(d)” and inserting in lieu thereof “section 113(d)”.National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 § 903(b) · 122 Stat. 3
Substituted · 10 U.S.C. § 132(a)
Pub. L. 110–181, § 903(b), substituted “seven” for “ten”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–181, § 903(b), substituted “seven” for “ten”.Enacted provision · exact public law section
(b) Deputy Secretary of Defense.— Section 132(a) of such title is amended by striking “ten” and inserting “seven”.National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 § 904(a)(1) · 122 Stat. 3
Added · 10 U.S.C. § 132(c); 10 U.S.C. § 132(d)
Pub. L. 110–181, § 904(a)(1), added subsec. (c)
Redesignated · 10 U.S.C. § 132(c); 10 U.S.C. § 132(d)
Pub. L. 110–181, § 904(a)(1), redesignated former subsec. (c) as (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 110–181, § 904(a)(1), added subsec. (c) and redesignated former subsec. (c) as (d).Enacted provision · exact public law section
(1) Establishment of position.— Section 132 of title 10, United States Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection (c): “(c) The Deputy Secretary serves as the Chief Management Officer of the Department of Defense. The Deputy Secretary shall be assisted in this capacity by a Deputy Chief Management Officer, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.” .Military Construction Authorization Act for Fiscal Year 2010
Pub. L. 111–84 div. B title XXVIII § 2831(a) · 123 Stat. 2190
Added · 10 U.S.C. § 132(d)
Pub. L. 111–84 added subsec. (d) relating to the Deputy Secretary of Defense leading the Guam Executive Council
Source evidence
Code amendment note
Subsec. (d). Pub. L. 111–84 added subsec. (d) relating to the Deputy Secretary of Defense leading the Guam Executive Council.Enacted provision · exact public law section
(a) Deputy Secretary of Defense.— Section 132 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) Termination date. Until September 30, 2015, the Deputy Secretary of Defense shall lead the Guam Executive Council and shall be the Department of Defense’s principal representative for coordinating the interagency efforts in matters relating to Guam, including the following executive orders: “(1) Executive Order No. 13299 of May 12, 2003 (68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451; relating to the Interagency Group on Insular Affairs). “(2) Executive Order No. 12788 of January 15, 1992, as amended (57 Fed. Reg. 2213; relating to the Defense Economic Adjustment Program).” .Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 901(c)(2) · 124 Stat. 4137
Struck · 10 U.S.C. § 132(c)
Pub. L. 111–383, § 901(c)(2), struck out at end “The Deputy Secretary shall be assisted in this capacity by a Deputy Chief Management Officer, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 111–383, § 901(c)(2), struck out at end “The Deputy Secretary shall be assisted in this capacity by a Deputy Chief Management Officer, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.”Enacted provision · exact public law section
(2) Conforming amendment.— Section 132(c) of such title is amended by striking the second sentence.Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 1075(b)(4)(A) · 124 Stat. 4137
Redesignated · 10 U.S.C. § 132(d)
Pub. L. 111–383, § 1075(b)(4)(A), which directed redesignation of subsec. (d), as added by section 2831(a) of Pub. L. 111–84, as (e), could not be executed because of the prior amendment by Pub. L. 111–383, § 901(m)(2). See below
Source evidence
Code amendment note
Subsec. (d). Pub. L. 111–383, § 1075(b)(4)(A), which directed redesignation of subsec. (d), as added by section 2831(a) of Pub. L. 111–84, as (e), could not be executed because of the prior amendment by Pub. L. 111–383, § 901(m)(2). See below.Enacted provision · exact public law section
(A) by redesignating subsection (d), as added by section 2831(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2669), as subsection (e); andIke Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 901(m)(2) · 124 Stat. 4137
Redesignated · 10 U.S.C. § 132(d)
Pub. L. 111–383, § 901(m)(2), redesignated subsec. (d) relating to duties of the Deputy Secretary of Defense relating to Guam, as (e)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–383, § 901(m)(2), redesignated subsec. (d) relating to duties of the Deputy Secretary of Defense relating to Guam, as (e).Enacted provision · exact public law section
(2) Section 132 of such title is amended by redesignating subsection (d), as added by section 2831(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2669), as subsection (e).Military Construction Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 2821 · 124 Stat. 4137
Redesignated · 10 U.S.C. § 132(e)
Pub. L. 111–383, § 2821, which directed substitution of “September 30, 2020” for “September 30, 2015” in subsec. (d), as added by section 2831(a) of Pub. L. 111–84, was executed in subsec. (e) to reflect the probable intent of Congress and the redesignation of subsec. (d) as (e) by Pub. L. 111–383, § 901(m)(2). See below
Source evidence
Code amendment note
Subsec. (e). Pub. L. 111–383, § 2821, which directed substitution of “September 30, 2020” for “September 30, 2015” in subsec. (d), as added by section 2831(a) of Pub. L. 111–84, was executed in subsec. (e) to reflect the probable intent of Congress and the redesignation of subsec. (d) as (e) by Pub. L. 111–383, § 901(m)(2). See below.Enacted provision · exact public law section
SEC. 2821. EXTENSION OF TERM OF DEPUTY SECRETARY OF DEFENSE’S LEADERSHIP OF GUAM OVERSIGHT COUNCIL. Subsection (d) of section 132 of title 10, United States Code, as added by section 2831(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2669), is amended by striking “September 30, 2015” and inserting “September 30, 2020”.Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 1075(b)(4) · 124 Stat. 4137
Redesignated · 10 U.S.C. § 132(e)
Pub. L. 111–383, § 1075(b)(4), which directed redesignation of subsec. (d), as added by section 2831(a) of Pub. L. 111–84, as (e), and substitution of “Guam Oversight Council” for “Guam Executive Council”, was executed by making the substitution in subsec. (e) because of the prior redesignation of subsec. (d) as (e) by Pub. L. 111–383, § 901(m)(2). See below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–383, § 1075(b)(4), which directed redesignation of subsec. (d), as added by section 2831(a) of Pub. L. 111–84, as (e), and substitution of “Guam Oversight Council” for “Guam Executive Council”, was executed by making the substitution in subsec. (e) because of the prior redesignation of subsec. (d) as (e) by Pub. L. 111–383, § 901(m)(2). See below.Enacted provision · exact public law section
(4) Section 132 is amended— (A) by redesignating subsection (d), as added by section 2831(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2669), as subsection (e); and (B) in such subsection, by striking “Guam Executive Council” and inserting “Guam Oversight Council”.Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 901(m)(2) · 124 Stat. 4137
Redesignated · 10 U.S.C. § 132(e)
Pub. L. 111–383, § 901(m)(2), redesignated subsec. (d) relating to duties of the Deputy Secretary of Defense relating to Guam, as (e)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–383, § 901(m)(2), redesignated subsec. (d) relating to duties of the Deputy Secretary of Defense relating to Guam, as (e).Enacted provision · exact public law section
(2) Section 132 of such title is amended by redesignating subsection (d), as added by section 2831(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2669), as subsection (e).National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title IX § 902 · 125 Stat. 1298
Inserted · 10 U.S.C. § 132(a)
Pub. L. 112–81 inserted “The Deputy Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management experience.” after first sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 112–81 inserted “The Deputy Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management experience.” after first sentence.Enacted provision · exact public law section
SEC. 902. QUALIFICATIONS FOR APPOINTMENTS TO THE POSITION OF DEPUTY SECRETARY OF DEFENSE. Section 132(a) of title 10, United States Code, is amended by inserting after the first sentence the following new sentence: “The Deputy Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management experience.”.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 div. A title IX § 901(k)(2) · 128 Stat. 3292
Substituted · 10 U.S.C. § 132(b)
Pub. L. 113–291 substituted “dies, resigns, or is otherwise unable to perform the functions and duties of the office” for “is disabled or there is no Secretary of Defense”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 113–291 substituted “dies, resigns, or is otherwise unable to perform the functions and duties of the office” for “is disabled or there is no Secretary of Defense”.Enacted provision · exact public law section
(2) In section 132(b), by striking “is disabled or there is no Secretary of Defense” and inserting “dies, resigns, or is otherwise unable to perform the functions and duties of the office”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 901(c)(4) · 130 Stat. 2000
Struck · 10 U.S.C. § 132(c)(e)
Pub. L. 114–328, § 901(c)(4), which directed striking out subsec. (c)
Redesignated · 10 U.S.C. § 132(c)(e)
Pub. L. 114–328, § 901(c)(4), which directed redesignating subsecs. (d) and (e) as (c) and (d), respectively, was repealed by Pub. L. 115–91, § 910(b)(1)
Source evidence
Code amendment note
Subsecs. (c) to (e). Pub. L. 114–328, § 901(c)(4), which directed striking out subsec. (c) and redesignating subsecs. (d) and (e) as (c) and (d), respectively, was repealed by Pub. L. 115–91, § 910(b)(1).Enacted provision · exact public law section
(4) Conforming amendments.— Effective on February 1, 2018, section 132 of title 10, United States Code, is amended— (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 910(b)(2) · 131 Stat. 1283
Redesignated · 10 U.S.C. § 132(c); 10 U.S.C. § 132(d)
Pub. L. 115–91, § 910(b)(2), redesignated subsec. (d) as (c)
Struck · 10 U.S.C. § 132(c); 10 U.S.C. § 132(d)
Pub. L. 115–91, § 910(b)(2), struck out former subsec. (c) which read as follows: “The Deputy Secretary serves as the Chief Management Officer of the Department of Defense.”
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 115–91, § 910(b)(2), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “The Deputy Secretary serves as the Chief Management Officer of the Department of Defense.”Enacted provision · exact public law section
(2) Further conforming amendments.— Effective on February 1, 2018, section 132 of title 10, United States Code, is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c).Effective date note
Pub. L. 115–91, div. A, title IX, § 910(b)(1), Dec. 12, 2017, 131 Stat. 1517, which provided that the amendment made by section 910(b)(1) was effective on Jan. 31, 2018, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794. Pub. L. 115–91, div. A, title IX, § 910(b)(2), Dec. 12, 2017, 131 Stat. 1518, which provided that the amendment made by section 910(b)(2) was effective on Feb. 1, 2018, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 910(b)(1) · 131 Stat. 1283
Repealed · 10 U.S.C. § 132(c); 10 U.S.C. § 132(d)
Pub. L. 115–91, § 910(b)(1), repealed Pub. L. 114–328, § 901(c)(4). See 2016 Amendment note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–91, § 910(b)(1), repealed Pub. L. 114–328, § 901(c)(4). See 2016 Amendment note below.Enacted provision · exact public law section
(1) In general.— Effective on January 31, 2018, subsection (c) of section 901 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2341; 10 U.S.C. 131 note) is repealed, and the amendments to be made by paragraph (4) of that subsection shall not be made.Effective date note
Pub. L. 115–91, div. A, title IX, § 910(b)(1), Dec. 12, 2017, 131 Stat. 1517, which provided that the amendment made by section 910(b)(1) was effective on Jan. 31, 2018, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794. Pub. L. 115–91, div. A, title IX, § 910(b)(2), Dec. 12, 2017, 131 Stat. 1518, which provided that the amendment made by section 910(b)(2) was effective on Feb. 1, 2018, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 910(b)(1) · 131 Stat. 1283
Repealed · 10 U.S.C. § 132(e)
Pub. L. 115–91, § 910(b)(1), repealed Pub. L. 114–328, § 901(c)(4). See 2016 Amendment note below
Source evidence
Code amendment note
Subsec. (e). Pub. L. 115–91, § 910(b)(1), repealed Pub. L. 114–328, § 901(c)(4). See 2016 Amendment note below.Enacted provision · exact public law section
(1) In general.— Effective on January 31, 2018, subsection (c) of section 901 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2341; 10 U.S.C. 131 note) is repealed, and the amendments to be made by paragraph (4) of that subsection shall not be made.Effective date note
Pub. L. 115–91, div. A, title IX, § 910(b)(1), Dec. 12, 2017, 131 Stat. 1517, which provided that the amendment made by section 910(b)(1) was effective on Jan. 31, 2018, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794. Pub. L. 115–91, div. A, title IX, § 910(b)(2), Dec. 12, 2017, 131 Stat. 1518, which provided that the amendment made by section 910(b)(2) was effective on Feb. 1, 2018, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 div. A title XVII § 1731(a)(8) · 133 Stat. 1198
Redesignated · 10 U.S.C. § 132(d); 10 U.S.C. § 132(e)
Pub. L. 116–92 redesignated subsec. (e) as (d)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 116–92 redesignated subsec. (e) as (d).Enacted provision · exact public law section
(8) Section 132 is amended by redesignating subsection (e) as subsection (d).Pub. L. 118–159 div. A title IX § 901 · 138 Stat. 2024
Amended · 10 U.S.C. § 132(b)
Pub. L. 118–159 designated first sentence as par. (1) and second sentence as subpar. (A) of par. (2)
Added · 10 U.S.C. § 132(b)
Pub. L. 118–159 added subpar. (B) of par. (2)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b). Pub. L. 118–159 designated first sentence as par. (1) and second sentence as subpar. (A) of par. (2) and added subpar. (B) of par. (2).
30 of 33 references resolved to an enrolled provision · 1 partial · 2 unresolved
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 134(a)134(b) | 5:171c(a) (1st sentence).5:171c(a) (less 1st sentence and last 15 words of 2d sentence). | July 26, 1947, ch. 343, § 203(a); added Aug. 10, 1949, ch. 412, § 6(a) (1st par.), 63 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).
Editorial Notes
References in Text
Executive Order No. 13299, referred to in subsec. (d)(1), was superseded by Ex. Ord. No. 13537, , 75 F.R. 20237, set out as a note preceding section 1451 of Title 48, Territories and Insular Possessions.
Executive Order No. 12788, referred to in subsec. (d)(2), is set out as a note under section 2391 of this title.
Prior Provisions
A prior section 132 was renumbered section 112 of this title.
Amendments1972–2024 · 11 rounds
2024
Subsec. (b). Pub. L. 118–159 designated first sentence as par. (1) and second sentence as subpar. (A) of par. (2) and added subpar. (B) of par. (2).
2019
Subsecs. (d), (e). Pub. L. 116–92 redesignated subsec. (e) as (d).
2017
Subsecs. (c), (d). Pub. L. 115–91, § 910(b)(2), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “The Deputy Secretary serves as the Chief Management Officer of the Department of Defense.”
Pub. L. 115–91, § 910(b)(1), repealed Pub. L. 114–328, § 901(c)(4). See 2016 Amendment note below.
Subsec. (e). Pub. L. 115–91, § 910(b)(1), repealed Pub. L. 114–328, § 901(c)(4). See 2016 Amendment note below.
2016
Subsecs. (c) to (e). Pub. L. 114–328, § 901(c)(4), which directed striking out subsec. (c) and redesignating subsecs. (d) and (e) as (c) and (d), respectively, was repealed by Pub. L. 115–91, § 910(b)(1).
2014
Subsec. (b). Pub. L. 113–291 substituted “dies, resigns, or is otherwise unable to perform the functions and duties of the office” for “is disabled or there is no Secretary of Defense”.
2011
Subsec. (a). Pub. L. 112–81 inserted “The Deputy Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management experience.” after first sentence.
Subsec. (c). Pub. L. 111–383, § 901(c)(2), struck out at end “The Deputy Secretary shall be assisted in this capacity by a Deputy Chief Management Officer, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.”
Subsec. (d). Pub. L. 111–383, § 1075(b)(4)(A), which directed redesignation of subsec. (d), as added by section 2831(a) of Pub. L. 111–84, as (e), could not be executed because of the prior amendment by Pub. L. 111–383, § 901(m)(2). See below.
Pub. L. 111–383, § 901(m)(2), redesignated subsec. (d) relating to duties of the Deputy Secretary of Defense relating to Guam, as (e).
Subsec. (e). Pub. L. 111–383, § 2821, which directed substitution of “” for “” in subsec. (d), as added by section 2831(a) of Pub. L. 111–84, was executed in subsec. (e) to reflect the probable intent of Congress and the redesignation of subsec. (d) as (e) by Pub. L. 111–383, § 901(m)(2). See below.
Pub. L. 111–383, § 1075(b)(4), which directed redesignation of subsec. (d), as added by section 2831(a) of Pub. L. 111–84, as (e), and substitution of “Guam Oversight Council” for “Guam Executive Council”, was executed by making the substitution in subsec. (e) because of the prior redesignation of subsec. (d) as (e) by Pub. L. 111–383, § 901(m)(2). See below.
Pub. L. 111–383, § 901(m)(2), redesignated subsec. (d) relating to duties of the Deputy Secretary of Defense relating to Guam, as (e).
2009
Subsec. (d). Pub. L. 111–84 added subsec. (d) relating to the Deputy Secretary of Defense leading the Guam Executive Council.
2008
Subsec. (a). Pub. L. 110–181, § 903(b), substituted “seven” for “ten”.
Subsecs. (c), (d). Pub. L. 110–181, § 904(a)(1), added subsec. (c) and redesignated former subsec. (c) as (d).
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, § 1(a)(4), substituted “Deputy Secretary” for “Deputy Secretaries” in section catchline.
Subsec. (a). Pub. L. 95–140, § 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, § 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, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–91, div. A, title IX, § 910(b)(1), , 131 Stat. 1517, which provided that the amendment made by section 910(b)(1) was effective on , was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), , 134 Stat. 3794.
Pub. L. 115–91, div. A, title IX, § 910(b)(2), , 131 Stat. 1518, which provided that the amendment made by section 910(b)(2) was effective on , was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), , 134 Stat. 3794.
Effective Date of 2016 Amendment
Pub. L. 114–328, div. A, title IX, § 901(c)(4), , 130 Stat. 2341, which provided that the amendment made by section 901(c)(4) was effective on , was repealed by Pub. L. 115–91, div. A, title IX, § 910(b)(1), , 131 Stat. 1517.
Effective Date of 2011 Amendment
Amendment by section 901(c)(2), (m)(2) of Pub. L. 111–383 effective , see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.
Order of Succession
For order of succession during any period when the Secretary has died, resigned, or is otherwise unable to perform the functions and duties of the office of Secretary, see Ex. Ord. No. 13533, , 75 F.R. 10163, listed in a table under section 3345 of Title 5, Government Organization and Employees.
Senior Contracting Official for Strategic Capabilities Office
Pub. L. 118–31, div. A, title VIII, § 807, , 137 Stat. 318, provided that:
“(a) Senior Contracting Official.—
The staff of the Director of the Strategic Capabilities Office shall include a senior contracting official (as defined in section 1737 of title 10, United States Code) who shall have the authority to enter into and administer contracts, grants, cooperative agreements, and other transactions in execution of the program activities of the Strategic Capabilities Office.
“(b) Effective Date; Implementation Plan.—
“(1) Effective date.—
The authorities described in subsection (a) shall take effect 30 days after the date on which the Secretary of Defense submits the plan described in paragraph (2).
“(2) Plan.—
Not later than 90 days after the date of the enactment of this Act [], the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for the implementation of the authorities described in subsection (a). The plan shall include the following:
“(A) A plan for oversight of the senior contracting official described under subsection (a).
“(B) An assessment of the acquisition workforce needs of the Strategic Capabilities Office to support the authority provided under subsection (a).
“(C) Other matters as appropriate.”
Joint All Domain Command and Control
Pub. L. 117–263, div. A, title IX, § 915, , 136 Stat. 2752, provided that:
“(a) Direction and Control of Joint All Domain Command and Control.—
The Deputy Secretary of Defense, in coordination with the Vice Chairman of the Joint Chiefs of Staff, shall oversee joint all domain command and control (commonly known as ‘JADC2’) to ensure—
“(1) close collaboration with the Joint Requirements Oversight Council, the combatant commands, and the military services regarding operational requirements and requirements satisfaction relating to joint all domain command and control; and
“(2) objective assessments to the Deputy Secretary and Vice Chairman about the progress of the Department of Defense in achieving the objectives of joint all domain command and control.
“(b) Demonstrations and Fielding of Mission Threads.—
“(1) In general.—
The Deputy Secretary and Vice Chairman shall take the following actions in support of the objectives described in paragraph (2):
“(A) In consultation with the Commander of the United States Indo-Pacific Command and the commanders of such other combatant commands as may be designated by the Deputy Secretary—
“(i) identify a prioritized list of difficult mission-critical operational challenges specific to the area of operations of the designated commands;
“(ii) design and recommend resourcing options, through the Office of Cost Analysis and Program Evaluation and the Management Action Group of the Deputy Secretary, a series of multi-domain, multi-service and multi-agency, multi-platform, and multisystem end-to-end integrated kinetic and non-kinetic mission threads, including necessary battle management functions, to solve the operational challenges identified in clause (i);
“(iii) demonstrate the ability to execute the integrated mission threads identified in clause (ii) in realistic conditions on a repeatable basis, including the ability to achieve, through mission integration software, interoperability among effects chain components that do not conform to common interface standards, including the use of the System of Systems Technology Integration Tool Chain for Heterogeneous Electronic Systems (commonly known as ‘STITCHES’) managed by the 350th Spectrum Warfare Wing of the Department of the Air Force; and
“(iv) create a plan to deploy the mission threads to the area of operations of the United States Indo-Pacific Command and such other combatant commands as may be designated by Deputy Secretary, and execute the mission threads at the scale and pace required to solve the identified operational challenges, including necessary logistics and sustainment capabilities.
“(B) Designate organizations to serve as transition partners for integrated mission threads and ensure such integrated mission threads are maintained and exercised as operational capabilities in the United States Indo-Pacific Command and such other combatant commands as may be designated by Deputy Secretary.
“(C) Designate organizations and elements of the Department of Defense as the Deputy Secretary determines appropriate to be responsible for—
“(i) serving as mission managers for composing and demonstrating the integrated mission threads under the mission management pilot program established by section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 191 note);
“(ii) providing continuing support and sustainment for, and training and exercising of, the integrated mission threads under the operational command of the Commander of United States Indo-Pacific Command and such other combatant commands as may be designated by Deputy Secretary;
“(iii) planning and executing experimentation and demonstrations with—
“(I) Joint data integration approaches;
“(II) mission integration capabilities, especially software; and
“(III) Joint tactics, techniques, and procedures;
“(iv) assisting in fielding mission integration software to encourage the development and employment of such software on a larger scale, especially at the designated combatant commands;
“(v) assessing and integrating, as appropriate, the capabilities of Assault Breaker II, developed by the Defense Advanced Research Projects Agency, and related developmental efforts as those efforts transition to operational deployment; and
“(vi) integrating joint all domain command and control mission threads and mission command and control, including in conflicts that arise with minimal warning, and exercising other joint all domain command and control capabilities and functions.
“(D) Integrate the planning and demonstrations of the mission threads with—
“(i) the Production, Exploitation, and Dissemination Center in the United States Indo-Pacific Command;
“(ii) the Family of Integrated Targeting Cells; and
“(iii) the tactical dissemination and information sharing systems for the Armed Forces and allies of the United States, including the Mission Partner Environment and the Maven Smart System.
“(2) Objectives described.—
The objectives described in this paragraph are the following—
“(A) to support the emphasis of the National Defense Strategy on adversary-specific deterrence postures;
“(B) to support actions that can be taken within the period covered by the future-years defense program focused on—
“(i) critical mission threads, such as kinetic kill chains and non-kinetic effects chains; and
“(ii) integrated concepts of operation;
“(C) to support demonstrations and experimentation; and
“(D) to achieve the objectives of the Joint All Domain Command and Control Strategy and Implementation Plan approved by the Deputy Secretary of Defense.
“(c) Performance Goals.—
The Deputy Secretary, the Vice Chairman, and the commanders of such other combatant commands as may be designated by the Deputy Secretary shall seek to—
“(1) beginning in the third quarter of fiscal year 2023, demonstrate new integrated mission threads on a regularly recurring basis multiple times each year; and
“(2) include such demonstrations, as feasible, in the Rapid Defense Experimentation Reserve campaign of experimentation, Valiant Shield, Northern Edge, the Large Scale Global Exercise, the quarterly Scarlet Dragon exercises, the Global Information Dominance Experiments, and annual force exercises in the area of responsibility of the United States Indo-Pacific Command.
“(d) Definitions.—
In this section:
“(1) The term ‘Deputy Secretary’ means the Deputy Secretary of Defense.
“(2) The term ‘Family of Integrated Targeting Cells’ means the Maritime Targeting Cell-Afloat, the Maritime Targeting Cell-Expeditionary, the Tactical Intelligence Targeting Access Node, Tactical Operations Center Medium/Light, and other interoperable command and control nodes that are able to task the collection of, receive, process, and disseminate track and targeting information from many sensing systems in disconnected, denied, intermittent or limited bandwidth conditions.
“(3) The term ‘joint all domain command and control’ refers to the warfighting capabilities that support commander decision making at all echelons from campaigning to conflict, across all domains, and with partners, to deliver information advantage.
“(4) The term ‘mission command’ is the employment of military operations through decentralized execution based upon mission-type orders and the intent of commanders.
“(5) The terms ‘mission thread’, ‘kill chain’, and ‘effects chain’ have the meanings given those terms in the publication of the Office of the Under Secretary of Defense for Research and Engineering titled ‘Mission Engineering Guide’ and dated November 2020.
“(6) The term ‘Vice Chairman’ means the Vice Chairman of the Joint Chiefs of Staff.”
Improvement of the Strategic Capabilities Office of the Department of Defense
Pub. L. 116–92, div. A, title II, § 233, , 133 Stat. 1277, provided that:
“(a) Organization.—
“(1) Authority of deputy secretary of defense.—
The Deputy Secretary of Defense shall exercise authority and direction over the Strategic Capabilities Office of the Department of Defense (referred to in this section as the ‘Office’).
“(2) Authority of director.—
The Director of the Office shall report directly to the Deputy Secretary of Defense.
“(3) Delegation.—
In exercising authority and direction over the Office under subsection (a), the Deputy Secretary of Defense may delegate administrative, management, and other duties to the Director of the Defense Advanced Research Projects Agency, as needed, to effectively and efficiently execute the mission of the Office.
“(b) Cross-functional Teams.—
“(1) Establishment.—
Not later than 180 days after the date of enactment of this Act [], the Deputy Secretary of Defense shall establish the following cross-functional teams to improve the effectiveness of the Office:
“(A) A transition cross-functional team to improve the efficiency and effectiveness with which the programs of the Office may be transitioned into—
“(i) research and development programs of the military services and other agencies of the Department of Defense; and
“(ii) programs of such services and agencies in operational use.
“(B) A technical cross functional team to improve the continuous technical assessment and review of the programs of the Office during program selection and execution.
“(2) Membership.—
The Deputy Secretary of Defense shall select individuals to serve on the cross-functional teams described in paragraph (1) from among individuals in the defense research and engineering enterprise, acquisition community, Joint Staff, combatant commands, and other organizations, as determined to be appropriate by the Deputy Secretary.”
Assignment of Duties
Pub. L. 110–181, div. A, title IX, § 904(a)(2), , 122 Stat. 273, as amended by Pub. L. 113–291, div. A, title IX, § 901(n)(1), , 128 Stat. 3469; Pub. L. 115–91, div. A, title X, § 1081(b)(1)(D), , 131 Stat. 1597, provided that:
“(A) The Secretary of Defense shall assign duties and authorities relating to the management of the business operations of the Department of Defense.
“(B) The Secretary shall assign such duties and authorities to the Chief Management Officer as are necessary for that official to effectively and efficiently organize the business operations of the Department of Defense.
“(C) The Secretary shall assign such duties and authorities to the Deputy Chief Management Officer as are necessary for that official to assist the Chief Management Officer to effectively and efficiently organize the business operations of the Department of Defense.
“(D) The Deputy Chief Management Officer shall perform the duties and have the authorities assigned by the Secretary under subparagraph (C) and perform such duties and have such authorities as are delegated by the Chief Management Officer.”
[Position of Chief Management Officer of the Department of Defense effectively abolished upon the repeal of section 132a of this title by Pub. L. 116–283, div. A, title IX, § 901(a)(1), , 134 Stat. 3794. Duties, personnel, and functions of the Chief Management Officer transferred to other Department of Defense officers, employees, and organizations, and any reference to the Chief Management Officer of the Department of Defense to be deemed to refer to the applicable Department of Defense officer or employee as so designated, see section 901(b), (c) of Pub. L. 116–283, set out in a note under former section 132a of this title.]
Assignment of Management Duties and Designation of the Chief Management Officers of the Military Departments
Pub. L. 110–181, div. A, title IX, § 904(b), , 122 Stat. 274, as amended by Pub. L. 113–291, div. A, title IX, § 901(n)(1), , 128 Stat. 3469; Pub. L. 115–91, div. A, title X, § 1081(b)(1)(D), , 131 Stat. 1597; Pub. L. 115–232, div. A, title X, § 1081(f)(1)(E), , 132 Stat. 1987, provided that:
“(1) The Secretary of a military department shall assign duties and authorities relating to the management of the business operations of such military department.
“(2) The Secretary of a military department, in assigning duties and authorities under paragraph (1) shall designate the Under Secretary of such military department to have the primary management responsibility for business operations, to be known in the performance of such duties as the Chief Management Officer.
“(3) The Secretary shall assign such duties and authorities to the Chief Management Officer as are necessary for that official to effectively and efficiently organize the business operations of the military department concerned.
“(4) The Chief Management Officer of each military department shall promptly provide such information relating to the business operations of such department to the Chief Management Officer of the Department of Defense as is necessary to assist the Chief Management Officer in the performance of the duties assigned to such official.”
[Position of Chief Management Officer of the Department of Defense effectively abolished upon the repeal of section 132a of this title by Pub. L. 116–283, div. A, title IX, § 901(a)(1), , 134 Stat. 3794. Duties, personnel, and functions of the Chief Management Officer transferred to other Department of Defense officers, employees, and organizations, and any reference to the Chief Management Officer of the Department of Defense to be deemed to refer to the applicable Department of Defense officer or employee as so designated, see section 901(b), (c) of Pub. L. 116–283, set out in a note under former section 132a of this title.]
Credits
1962–2024 · 13 acts
- 1962Added Pub. L. 87–651, title II, § 202, , 76 Stat. 518, § 134
- 1972amended Pub. L. 92–596, § 4(1), , 86 Stat. 1318
- 1977Pub. L. 95–140, § 1(a), , 91 Stat. 1172
- 1986renumbered § 132 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(d)(7), , 100 Stat. 995, 1003
- 2008Pub. L. 110–181, div. A, title IX, §§ 903(b), 904(a)(1), , 122 Stat. 273
- 2009Pub. L. 111–84, div. B, title XXVIII, § 2831(a), , 123 Stat. 2669
- 2011Pub. L. 111–383, div. A, title IX, § 901(c)(2), (m)(2), title X, § 1075(b)(4), div. B, title XXVIII, § 2821, , 124 Stat. 4321, 4326, 4369, 4465
- 2011Pub. L. 112–81, div. A, title IX, § 902, , 125 Stat. 1532
- 2014Pub. L. 113–291, div. A, title IX, § 901(k)(2), , 128 Stat. 3468
- 2016Pub. L. 114–328, div. A, title IX, § 901(c)(4), , 130 Stat. 2341
- 2017Pub. L. 115–91, div. A, title IX, § 910(b), , 131 Stat. 1517
- 2019Pub. L. 116–92, div. A, title XVII, § 1731(a)(8), , 133 Stat. 1812
- 2024Pub. L. 118–159, div. A, title IX, § 901, , 138 Stat. 2024.
Show as published
(Added Pub. L. 87–651, title II, § 202, , 76 Stat. 518, § 134; amended Pub. L. 92–596, § 4(1), , 86 Stat. 1318; Pub. L. 95–140, § 1(a), , 91 Stat. 1172; renumbered § 132 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(d)(7), , 100 Stat. 995, 1003; Pub. L. 110–181, div. A, title IX, §§ 903(b), 904(a)(1), , 122 Stat. 273; Pub. L. 111–84, div. B, title XXVIII, § 2831(a), , 123 Stat. 2669; Pub. L. 111–383, div. A, title IX, § 901(c)(2), (m)(2), title X, § 1075(b)(4), div. B, title XXVIII, § 2821, , 124 Stat. 4321, 4326, 4369, 4465; Pub. L. 112–81, div. A, title IX, § 902, , 125 Stat. 1532; Pub. L. 113–291, div. A, title IX, § 901(k)(2), , 128 Stat. 3468; Pub. L. 114–328, div. A, title IX, § 901(c)(4), , 130 Stat. 2341; Pub. L. 115–91, div. A, title IX, § 910(b), , 131 Stat. 1517; Pub. L. 116–92, div. A, title XVII, § 1731(a)(8), , 133 Stat. 1812; Pub. L. 118–159, div. A, title IX, § 901, , 138 Stat. 2024.)