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-CITE-
10 USC CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE 01/03/2007

-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.
144. Director of Small Business Programs.

AMENDMENTS
2006 - Pub. L. 109-163, div. A, title IX, Sec. 904(b)(2), Jan. 6,
2006, 119 Stat. 3400, added item 144.
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, Secs. 401(d), 403(b), Oct. 27, 1986,
100 Stat. 3196, 3197, added items 140a and 140b.
Pub. L. 99-433, title I, Secs. 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, Secs. 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, Secs. 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.

-End-



-CITE-
10 USC Sec. 131 01/03/2007

-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
Pub. L. 104-106, div. A, title IX, Sec. 901, Feb. 10, 1996, 110
Stat. 399, as amended by Pub. L. 104-201, div. A, title IX, Sec.
903(g), Sept. 23, 1996, 110 Stat. 2618, directed the Secretary of
Defense to conduct a review of the organizations and functions of
the Office of the Secretary of Defense and the personnel needed to
carry out those functions, and to submit to the congressional
defense committees a report containing findings, conclusions, and a
plan for implementing recommendations not later than Mar. 1, 1996.
Pub. L. 99-433, title I, Sec. 109, Oct. 1, 1986, 100 Stat. 999,
directed the Secretary of Defense, the Secretaries of the military
departments, and the Chairman of the Joint Chiefs of Staff to
conduct studies of the functions and organization of the Office of
the Secretary of Defense, required the Secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff to submit
reports on their studies to the Secretary of Defense, and directed
the Secretary of Defense to submit a report on the Secretary's
study to Congress not later than one year after Oct. 1, 1986.

-End-



-CITE-
10 USC Sec. 132 01/03/2007

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

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
134(a) 5:171c(a) (1st sentence). July 26, 1947, ch. 343,
Sec. 203(a); added Aug.
10, 1949, ch. 412, Sec.
6(a) (1st par.), 63
Stat. 581.
134(b)
5:171c(a) (less 1st
sentence and last 15
words of 2d sentence).
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 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. 13394, Dec. 22,
2005, 70 F.R. 76665, set out as a note under section 3345 of Title
5, Government Organization and Employees.

-End-



-CITE-
10 USC Sec. 133 01/03/2007

-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(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 414(c));
(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, Secs. 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; Pub. L. 109-364, div. A, title X, Sec. 1071(a)(2), Oct. 17,
2006, 120 Stat. 2398.)

-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.


-MISC1-
PRIOR PROVISIONS
A prior section 133 was renumbered section 113 of this title.

AMENDMENTS
2006 - Subsec. (c)(1). Pub. L. 109-364 substituted "section 16(c)
of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))"
for "section 16(3) of the Office of Federal Procurement Policy Act
(41 U.S.C. 414(3))".
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.


-MISC2-
OVERSIGHT BY OFFICE OF UNDER SECRETARY OF DEFENSE FOR ACQUISITION,
TECHNOLOGY, AND LOGISTICS OF EXERCISE OF ACQUISITION AUTHORITY BY
COMBATANT COMMANDERS AND HEADS OF DEFENSE AGENCIES
Pub. L. 109-364, div. A, title IX, Sec. 905, Oct. 17, 2006, 120
Stat. 2353, provided that:
"(a) Designation of Official for Oversight. - The Secretary of
Defense shall designate a senior acquisition official within the
Office of the Under Secretary of Defense for Acquisition,
Technology, and Logistics to oversee the exercise of acquisition
authority by -
"(1) any commander of a combatant command who is authorized by
section 166b, 167, or 167a of title 10, United States Code, to
exercise acquisition authority; and
"(2) any head of a Defense Agency who is designated by the
Secretary of Defense to exercise acquisition authority.
"(b) Guidance. -
"(1) In general. - The senior acquisition official designated
under subsection (a) shall develop guidance to ensure that the
use of acquisition authority by commanders of combatant commands
and the heads of Defense Agencies -
"(A) is in compliance with department-wide acquisition
policy; and
"(B) is coordinated with and mutually supportive of
acquisition programs of the military departments.
"(2) Urgent requirements. - Guidance developed under paragraph
(1) shall take into account the need to fulfill the urgent
requirements of the commanders of combatant commands and the
heads of Defense Agencies and to ensure that those requirements
are addressed expeditiously.
"(c) Consultation. - The senior acquisition official designated
under subsection (a) shall on a regular basis consult on matters
related to requirements and acquisition with the commanders of
combatant commands and the heads of Defense Agencies referred to in
that subsection.
"(d) Deadline for Designation. - The Secretary of Defense shall
make the designation required by subsection (a) not later than 180
days after the date of the enactment of this Act [Oct. 17, 2006]."

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."

-End-



-CITE-
10 USC Sec. 133a 01/03/2007

-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.


-MISC1-
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).

-End-



-CITE-
10 USC Sec. 133b 01/03/2007

-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.

-End-



-CITE-
10 USC Sec. 134 01/03/2007

-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.


-MISC1-
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,".

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."

-End-



-CITE-
10 USC Sec. 134a 01/03/2007

-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.

-End-



-CITE-
10 USC Sec. 134b 01/03/2007

-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.)

-End-



-CITE-
10 USC Sec. 135 01/03/2007

-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) The Under Secretary of Defense (Comptroller) shall ensure
that each of the congressional defense committees 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).

-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, Secs. 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;
Pub. L. 108-136, div. A, title X, Sec. 1043(b)(1), Nov. 24, 2003,
117 Stat. 1610.)


-MISC1-
PRIOR PROVISIONS
A prior section 135 was renumbered section 139a of this title.

AMENDMENTS
2003 - Subsec. (e). Pub. L. 108-136 struck out "(1)" before "The
Under Secretary", substituted "each of the congressional defense
committees" for "each congressional committee specified in
paragraph (2)", and struck out par. (2) which read as follows: "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."
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 Officer of the Department
of Defense for the purposes of chapter 9 of title 31." after "(b)"
and "additional" after "shall perform such".
Subsec. (d). Pub. L. 103-160, Sec. 901(a)(2), added subsec. (d).
Subsec. (e). Pub. L. 103-160, Sec. 902(b), added subsec. (e).

-CHANGE-
CHANGE OF NAME
Section 903(d) of Pub. L. 103-337 provided that: "Any reference
to the Comptroller of the Department of Defense in any provision of
law other than title 10, United States Code, or in any rule,
regulation, or other paper of the United States shall be treated as
referring to the Under Secretary of Defense (Comptroller)."

-End-



-CITE-
10 USC Sec. 136 01/03/2007

-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. 136. Under Secretary of Defense for Personnel and Readiness

-STATUTE-
(a) There is an Under Secretary of Defense for Personnel and
Readiness, appointed from civilian life by the President, by and
with the advice and consent of the Senate.
(b) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary of Defense for Personnel
and Readiness shall perform such duties and exercise such powers as
the Secretary of Defense may prescribe in the areas of military
readiness, total force management, military and civilian personnel
requirements, military and civilian personnel training, military
and civilian family matters, exchange, commissary, and
nonappropriated fund activities, personnel requirements for weapons
support, National Guard and reserve components, and health affairs.
(c) The Under Secretary of Defense for Personnel and Readiness
takes precedence in the Department of Defense after the Under
Secretary of Defense (Comptroller).
(d) The Under Secretary of Defense for Personnel and Readiness is
responsible, subject to the authority, direction, and control of
the Secretary of Defense, for the monitoring of the operations
tempo and personnel tempo of the armed forces. The Under Secretary
shall establish, to the extent practicable, uniform standards
within the Department of Defense for terminology and policies
relating to deployment of units and personnel away from their
assigned duty stations (including the length of time units or
personnel may be away for such a deployment) and shall establish
uniform reporting systems for tracking deployments.

-SOURCE-
(Added Pub. L. 103-160, div. A, title IX, Sec. 903(a), Nov. 30,
1993, 107 Stat. 1727; amended Pub. L. 104-106, div. A, title XV,
Sec. 1503(a)(2), Feb. 10, 1996, 110 Stat. 510; Pub. L. 106-65, div.
A, title IX, Sec. 923(a), title X, Sec. 1066(a)(1), Oct. 5, 1999,
113 Stat. 724, 770.)


-MISC1-
PRIOR PROVISIONS
A prior section 136 was renumbered section 138 of this title.

AMENDMENTS
1999 - Subsec. (a). Pub. L. 106-65, Sec. 1066(a)(1), inserted
"advice and" after "by and with the".
Subsec. (d). Pub. L. 106-65, Sec. 923(a), added subsec. (d).
1996 - Subsec. (c). Pub. L. 104-106 substituted "Under Secretary
of Defense (Comptroller)" for "Comptroller".

-End-



-CITE-
10 USC Sec. 136a 01/03/2007

-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. 136a. Deputy Under Secretary of Defense for Personnel and
Readiness

-STATUTE-
(a) There is a Deputy Under Secretary of Defense for Personnel
and Readiness, 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 Personnel and
Readiness shall assist the Under Secretary of Defense for Personnel
and Readiness in the performance of the duties of that position.
The Deputy Under Secretary of Defense for Personnel and Readiness
shall act for, and exercise the powers of, the Under Secretary when
the Under Secretary is absent or disabled.

-SOURCE-
(Added Pub. L. 107-107, div. A, title IX, Sec. 901(a)(1), Dec. 28,
2001, 115 Stat. 1193.)


-MISC1-
PRIOR PROVISIONS
A prior section 136a was renumbered section 139 of this title.

-End-



-CITE-
10 USC Sec. 137 01/03/2007

-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. 137. Under Secretary of Defense for Intelligence

-STATUTE-
(a) There is an Under Secretary of Defense for Intelligence,
appointed from civilian life by the President, by and with the
advice and consent of the Senate.
(b) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary of Defense for
Intelligence shall perform such duties and exercise such powers as
the Secretary of Defense may prescribe in the area of intelligence.
(c) The Under Secretary of Defense for Intelligence takes
precedence in the Department of Defense after the Under Secretary
of Defense for Personnel and Readiness.

-SOURCE-
(Added Pub. L. 107-314, div. A, title IX, Sec. 901(a)(2), Dec. 2,
2002, 116 Stat. 2619.)


-MISC1-
PRIOR PROVISIONS
A prior section 137 was renumbered section 139a of this title.
Another prior section 137 was renumbered section 135 of this
title.
Another prior section 137 was renumbered section 140 of this
title.

RELATIONSHIP TO AUTHORITIES UNDER NATIONAL SECURITY ACT OF 1947
Pub. L. 107-314, div. A, title IX, Sec. 901(d), Dec. 2, 2002, 116
Stat. 2620, provided that: "Nothing in section 137 of title 10,
United States Code, as added by subsection (a), shall supersede or
modify the authorities of the Secretary of Defense and the Director
of Central Intelligence as established by the National Security Act
of 1947 (50 U.S.C. 401 et seq.)."
[Reference to the Director of Central Intelligence or the
Director of the Central Intelligence Agency in the Director's
capacity as the head of the intelligence community deemed to be a
reference to the Director of National Intelligence. Reference to
the Director of Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of the
Central Intelligence Agency deemed to be a reference to the
Director of the Central Intelligence Agency. See section 1081(a),
(b) of Pub. L. 108-458, set out as a note under section 401 of
Title 50, War and National Defense.]

-End-



-CITE-
10 USC Sec. 138 01/03/2007

-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. 138. Assistant Secretaries of Defense

-STATUTE-
(a) There are ten Assistant Secretaries of Defense, appointed
from civilian life by the President, by and with the advice and
consent of the Senate.
(b)(1) The Assistant Secretaries shall perform such duties and
exercise such powers as the Secretary of Defense may prescribe.
(2) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Reserve Affairs. He shall have as his
principal duty the overall supervision of reserve component affairs
of the Department of Defense.
(3) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Homeland Defense. He shall have as his
principal duty the overall supervision of the homeland defense
activities of the Department of Defense.
(4) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict. He shall have as his principal duty the overall
supervision (including oversight of policy and resources) of
special operations activities (as defined in section 167(j) of this
title) and low intensity conflict activities of the Department of
Defense. The Assistant Secretary is the principal civilian adviser
to the Secretary of Defense on special operations and low intensity
conflict matters and (after the Secretary and Deputy Secretary) is
the principal special operations and low intensity conflict
official within the senior management of the Department of Defense.
(5) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Legislative Affairs. He shall have as his
principal duty the overall supervision of legislative affairs of
the Department of Defense.
(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 the Assistant Secretary in writing; and
(2) the order is issued through the Secretary of the military
department concerned.

(d) The Assistant Secretaries take precedence in the Department
of Defense after the Secretary of Defense, the Deputy Secretary of
Defense, the Secretaries of the military departments, the Under
Secretaries of Defense, and the Director of Defense Research and
Engineering. The Assistant Secretaries take precedence among
themselves in the order prescribed by the Secretary of Defense.

-SOURCE-
(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat.
518, Sec. 136; amended Pub. L. 90-168, Sec. 2(1), (2), Dec. 1,
1967, 81 Stat. 521; Pub. L. 91-121, title IV, Sec. 404(a), Nov. 19,
1969, 83 Stat. 207; Pub. L. 92-215, Sec. 1, Dec. 22, 1971, 85 Stat.
777; Pub. L. 92-596, Sec. 4(2), Oct. 27, 1972, 86 Stat. 1318; Pub.
L. 95-140, Sec. 3(a), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 96-107,
title VIII, Sec. 820(a), Nov. 9, 1979, 93 Stat. 819; Pub. L. 98-94,
title XII, Sec. 1212(a), Sept. 24, 1983, 97 Stat. 686; Pub. L. 99-
433, title I, Secs. 106, 110(d)(9), Oct. 1, 1986, 100 Stat. 997,
1003; Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9115(a)], Oct.
18, 1986, 100 Stat. 1783-82, 1783-122, and Pub. L. 99-591, Sec.
101(c) [title IX, Sec. 9115(a)], Oct. 30, 1986, 100 Stat. 3341-82,
3341-122; Pub. L. 99-661, div. A, title XIII, Sec. 1311(a), Nov.
14, 1986, 100 Stat. 3983; Pub. L. 100-180, div. A, title XII, Sec.
1211(a)(1), Dec. 4, 1987, 101 Stat. 1154; Pub. L. 100-453, title
VII, Sec. 702, Sept. 29, 1988, 102 Stat. 1912; Pub. L. 100-456,
div. A, title VII, Sec. 701, Sept. 29, 1988, 102 Stat. 1992;
renumbered Sec. 138 and amended Pub. L. 103-160, div. A, title IX,
Secs. 901(a)(1), (c), 903(c)(1), 905, Nov. 30, 1993, 107 Stat.
1726, 1727, 1729; Pub. L. 103-337, div. A, title IX, Secs. 901(a),
903(b)(2), Oct. 5, 1994, 108 Stat. 2822, 2823; Pub. L. 104-106,
div. A, title IX, Secs. 902(a), 903(b), (e)(2), Feb. 10, 1996, 110
Stat. 401, 402; Pub. L. 104-201, div. A, title IX, Sec. 901, Sept.
23, 1996, 110 Stat. 2617; Pub. L. 105-261, div. A, title IX, Secs.
901(a), 902, Oct. 17, 1998, 112 Stat. 2091; Pub. L. 106-398, Sec. 1
[[div. A], title IX, Sec. 901], Oct. 30, 2000, 114 Stat. 1654,
1654A-223; Pub. L. 107-107, div. A, title IX, Sec. 901(c)(1), Dec.
28, 2001, 115 Stat. 1194; Pub. L. 107-314, div. A, title IX, Sec.
902(a), (c), (d), Dec. 2, 2002, 116 Stat. 2620, 2621; Pub. L. 109-
364, div. A, title IX, Sec. 901(a), Oct. 17, 2006, 120 Stat.
2350.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
136(a) 5:171c(c) (1st sentence). July 26, 1947, ch. 343,
Sec. 202(c)(7) (less 1st
2 sentences); added Aug.
6, 1958, Pub. L. 85-599,
Sec. 3(a) (8th par.,
less 1st 2 sentences),
72 Stat. 516.
136(b)






136(c)

136(d)

136(e)
5:171c(c) (1st 18 words
of 2d sentence).
5:171c-2 (less 1st
sentence).
5:171n(a) (as applicable
to 5:172).
5:172.
5:171a(c)(7) (3rd
sentence).
5:171a(c)(7) (less 1st 3
sentences).
5:171c(c) (less 1st
sentence and less 1st 18
words of 2d sentence).
July 26, 1947, ch. 343,
Sec. 203(c); added Aug.
10, 1949, ch. 412, Sec.
6(a), (2d par.), 63
Stat. 581; redesignated
Aug. 6, 1958, Pub. L.
85-599, Secs. 9(a) (1st
par., as applicable to
Sec. 203(c)), 10(a), 72
Stat. 520, 521.
July 26, 1947, ch. 343,
Sec. 302 (less 1st
sentence); restated Aug.
10, 1949, ch. 412, Sec.
10(b) (less 1st
sentence) restated Aug.
10, 1956, ch. 1041, Sec.
21 (less 1st sentence),
70A Stat. 629.
July 26, 1947, ch. 343,
Sec. 308(a) (as
applicable to Sec. 401),
61 Stat. 509.
July 26, 1947, ch. 343,
Sec. 401; added Aug. 10,
1949, ch. 412, Sec. 11
(1st 2 pars.), 63 Stat.
585.
--------------------------------------------------------------------

In subsection (b)(1), 5 U.S.C. 172(b) (last 13 words of 1st
sentence) is omitted as surplusage, since they are only a general
description of the powers of the Secretary of Defense under this
title. 5 U.S.C. 171c-2 (less 1st sentence) is omitted as covered by
5 U.S.C. 171c(c) (1st 18 words of 2d sentence).
In subsection (d), the following substitutions are made: "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,"
for "In implementation of this paragraph"; and "members of the
armed forces under the jurisdiction of his department" for "the
military personnel in such department". The words "in a continuous
effort" are omitted as surplusage.

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


-MISC2-
PRIOR PROVISIONS
A prior section 138 was renumbered section 139 of this title.
Another prior section 138 was renumbered by Pub. L. 99-433 as
follows:
Section 138(a) was renumbered section 114(a) of this title.
Section 138(b) was renumbered successively as section 114(b) and
section 115(a) of this title.
Section 138(c) was renumbered successively as section 114(c) and
section 115(b) of this title.
Section 138(d) was renumbered successively as section 114(d) and
section 115(c) of this title.
Section 138(e) was renumbered successively as section 114(e) and
section 116(a) of this title.
Section 138(f)(1) was renumbered successively as section
114(f)(1) and section 114(b) of this title.
Section 138(f)(2) was renumbered successively as section
114(f)(2) and section 116(b) of this title.
Section 138(g) was renumbered successively as section 114(g) and
section 114(c) of this title.
Section 138(h) was renumbered successively as section 114(h) and
section 113(i) of this title.
Section 138(i) was renumbered successively as section 114(i) and
section 114(d) of this title.

AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-364 substituted "ten" for "nine".
2002 - Subsec. (a). Pub. L. 107-314, Sec. 902(d), which directed
the repeal of Pub. L. 107-107, Sec. 901(c), was executed by
substituting "nine" for "eight" to reflect the probable intent of
Congress. See 2001 Amendment note below.
Subsec. (b)(3). Pub. L. 107-314, Sec. 902(a), added par. (3).
Subsec. (b)(6). Pub. L. 107-314, Sec. 902(c), struck out par. (6)
which read as follows:
"(6)(A) One of the Assistant Secretaries, as designated by the
Secretary of Defense from among those Assistant Secretaries with
responsibilities that include responsibilities related to combating
terrorism, shall have, among that Assistant Secretary's duties, the
duty to provide 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, including antiterrorism activities, counterterrorism
activities, terrorism consequences management activities, and
terrorism-related intelligence support activities.
"(B) The Assistant Secretary designated under subparagraph (A)
shall be the principal civilian adviser to the Secretary of Defense
on combating terrorism and (after the Secretary and Deputy
Secretary) shall be the principal official within the senior
management of the Department of Defense responsible for combating
terrorism.
"(C) If the Secretary of Defense designates under subparagraph
(A) an Assistant Secretary other than the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict, then the
responsibilities of the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict related to combating
terrorism shall be exercised subject to subparagraph (B)."
2001 - Subsec. (a). Pub. L. 107-107, which substituted "eight
Assistant Secretaries of Defense" for "nine Assistant Secretaries
of Defense", was repealed by Pub. L. 107-314, Sec. 902(d). See 2002
Amendment note above.
2000 - Subsec. (b)(6). Pub. L. 106-398 added par. (6).
1998 - Subsec. (a). Pub. L. 105-261, Sec. 901(a), substituted
"nine" for "ten".
Subsec. (b)(3). Pub. L. 105-261, Sec. 902, struck out par. (3)
which read as follows:
"(3)(A) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Command, Control, Communications, and
Intelligence. He shall have as his principal duty the overall
supervision of command, control, communications, and intelligence
affairs of the Department of Defense.
"(B) Notwithstanding subparagraph (A), one of the Assistant
Secretaries established by the Secretary of Defense may be an
Assistant Secretary of Defense for Intelligence, who shall have as
his principal duty the overall supervision of intelligence affairs
of the Department of Defense.
"(C) If the Secretary of Defense establishes an Assistant
Secretary of Defense for Intelligence, the Assistant Secretary
provided for under subparagraph (A) shall be the Assistant
Secretary of Defense for Command, Control, and Communications and
shall have as his principal duty the overall supervision of
command, control, and communications affairs of the Department of
Defense."
1996 - Subsec. (a). Pub. L. 104-106, Sec. 902(a), substituted
"ten" for "eleven".
Subsec. (b). Pub. L. 104-106, Sec. 903(a), (b), which directed
the general amendment of subsec. (b), eff. Jan. 31, 1997,
designating par. (1) as entire subsec. and striking out pars. (2)
to (5), was repealed by Pub. L. 104-201.
Subsec. (d). Pub. L. 104-106, Sec. 903(a), (e)(2), which directed
amendment of subsec. (d), eff. Jan. 31, 1997, by substituting "and
the Under Secretaries of Defense" for "the Under Secretaries of
Defense, and the Director of Defense Research and Engineering", was
repealed by Pub. L. 104-201.
1994 - Subsec. (a). Pub. L. 103-337, Sec. 901(a), substituted
"eleven" for "ten".
Subsec. (d). Pub. L. 103-337, Sec. 903(b)(2), struck out "and
Comptroller" after "Under Secretaries of Defense".
1993 - Pub. L. 103-160, Sec. 901(a)(1), renumbered section 136 of
this title as this section.
Subsec. (a). Pub. L. 103-160, Sec. 903(c)(1), substituted "ten"
for "eleven".
Subsec. (b)(5). Pub. L. 103-160, Sec. 905, added par. (5).
Subsec. (d). Pub. L. 103-160, Sec. 901(c), inserted "and
Comptroller" after "Under Secretaries of Defense".
1988 - Subsec. (b)(3). Pub. L. 100-453 and Pub. L. 100-456
generally amended par. (3) identically. Prior to amendment, par.
(3) read as follows: "One of the Assistant Secretaries shall be the
Assistant Secretary of Defense for Command, Control,
Communications, and Intelligence. He shall have as his principal
duty the overall supervision of command, control, communications,
and intelligence affairs of the Department of Defense."
1987 - Subsec. (b)(4). Pub. L. 100-180 inserted at end "The
Assistant Secretary is the principal civilian adviser to the
Secretary of Defense on special operations and low intensity
conflict matters and (after the Secretary and Deputy Secretary) is
the principal special operations and low intensity conflict
official within the senior management of the Department of
Defense."
1986 - Pub. L. 99-433, Sec. 110(d)(9), struck out ": appointment;
powers and duties; precedence" at end of section catchline.
Subsec. (b)(2), (3). Pub. L. 99-433, Sec. 106(a)(1), (2),
redesignated pars. (4) and (5) as pars. (2) and (3), respectively,
and struck out former par. (2) relating to the Assistant Secretary
of Defense for Health Affairs and former par. (3) relating to the
Assistant Secretary of Defense for Manpower and Logistics.
Subsec. (b)(4). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-
661, amended subsec. (b) identically, adding par. (4).
Pub. L. 99-433, Sec. 106(a)(2), redesignated par. (4) as (2).
Subsec. (b)(5). Pub. L. 99-433, Sec. 106(a)(2), redesignated par.
(5) as (3).
Subsec. (b)(6). Pub. L. 99-433, Sec. 106(a)(3), struck out par.
(6) relating to Comptroller of Department of Defense. See section
135 of this title.
Subsec. (c)(1). Pub. L. 99-433, Sec. 106(c)(1)(A), substituted
"the Assistant Secretary" for "him".
Subsec. (c)(2). Pub. L. 99-433, Sec. 106(c)(1)(B), struck out ",
or his designee" after "concerned".
Subsecs. (d), (e). Pub. L. 99-433, Sec. 106(b), (c)(2), (3),
redesignated subsec. (e) as (d), substituted "the Under Secretaries
of Defense, and the Director of Defense Research and Engineering"
for "and the Under Secretaries of Defense", inserted sentence
directing that the Assistant Secretaries take precedence among
themselves in the order prescribed by the Secretary of Defense, and
struck out former subsec. (d) which directed the Secretary of each
military department, his civilian assistants, and members of the
armed forces under the jurisdiction of his department to 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.
1983 - Subsec. (a). Pub. L. 98-94, Sec. 1212(a)(1), substituted
"eleven" for "seven".
Subsec. (b)(1). Pub. L. 98-94, Sec. 1212(a)(2)(A), designated
existing first sentence as par. (1).
Subsec. (b)(2). Pub. L. 98-94, Sec. 1212(a)(2)(B), designated
existing second and third sentences as par. (2).
Subsec. (b)(3). Pub. L. 98-94, Sec. 1212(a)(2)(C), (D),
designated existing fourth and fifth sentences as par. (3) and
substituted "Logistics" for "Reserve Affairs" and "logistics" for
"reserve component".
Subsec. (b)(4), (5). Pub. L. 98-94, Sec. 1212(a)(2)(E), added
pars. (4) and (5).
Subsec. (b)(6). Pub. L. 98-94, Sec. 1212(a)(2)(F), designated
existing sixth sentence as par. (6), substituted "One of the
Assistant Secretaries" for "In addition, one of the Assistant
Secretaries", redesignated pars. (1) to (5) as subpars. (A) to (E),
respectively, redesignated former subpars. (A) to (D) as cls. (1)
to (4), respectively, and in subpar. (E) substituted "clauses (A)
through (D)" for "clauses (1)-(4)".
Subsec. (f). Pub. L. 98-94, Sec. 1212(a)(3), struck out subsec.
(f) which provided for appointment of a Deputy Assistant Secretary
of Defense for Reserve Affairs within the Office of the Assistant
Secretary of Defense for Manpower and Reserve Affairs. See subsec.
(b)(4) of this section.
1979 - Subsec. (a). Pub. L. 96-107 substituted "seven" for
"nine".
1977 - Subsec. (e). Pub. L. 95-140 inserted "of Defense" after
"Secretary" and substituted "Secretary of Defense" for "Secretaries
of Defense" and ", and the Under Secretaries of Defense" for ", and
the Director of Defense Research and Engineering".
1972 - Subsec. (e). Pub. L. 92-596 substituted "Deputy
Secretaries" for "Deputy Secretary".
1971 - Subsec. (a). Pub. L. 92-215 substituted "nine" for
"eight".
1969 - Subsec. (a). Pub. L. 91-121, Sec. 404(a)(1), substituted
"eight" for "seven".
Subsec. (b). Pub. L. 91-121, Sec. 404(a)(2), provided for an
Assistant Secretary of Defense for Health Affairs having as his
principal duty the overall supervision of health affairs of
Department of Defense.
1967 - Subsec. (b). Pub. L. 90-168, Sec. 2(1), inserted
provisions for an Assistant Secretary of Defense for Manpower and
Reserve Affairs with principal duty of overall supervision of
manpower and reserve component affairs of Department of Defense.
Subsec. (f). Pub. L. 90-168, Sec. 2(2), added subsec. (f).

EFFECTIVE DATE OF 1983 AMENDMENT
Section 1212(e) of Pub. L. 98-94 provided that: "The amendments
made by this section [amending this section, sections 175, 3013,
and 5034 of this title, and section 5315 of Title 5, Government
Organization and Employees] shall take effect on October 1, 1983."

EFFECTIVE DATE OF 1967 AMENDMENT
Section 7 of Pub. L. 90-168 provided that: "The provisions of
this Act [see Short Title of 1967 Amendment note below] shall
become effective on the first day of the first calendar month
following the date of enactment [Dec. 1, 1967]."

SHORT TITLE OF 1967 AMENDMENT
Section 1 of Pub. L. 90-168 provided: "That this Act [amending
this section, sections 175, 262, 264, 268, 269, 270, 511 [now
12103], 3014, 5034, 8014, and 8850 of this title, section 502 of
Title 32, National Guard, and section 404 of Title 37, Pay and
Allowances of the Uniformed Services, enacting sections 3021 [now
10302], 3038, 8021 [now 10305], and 8038 of this title, enacting
provisions set out as notes under this section and section 8212 of
this title, and amending provisions set out as a note under section
113 of this title] may be cited as the 'Reserve Forces Bill of
Rights and Vitalization Act'."

CHARTER OF THE ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL
OPERATIONS AND LOW INTENSITY CONFLICT
Pub. L. 100-180, div. A, title XII, Sec. 1211(a)(2)-(5), Dec. 4,
1987, 101 Stat. 1154, 1155, provided that:
"(2) The Secretary of Defense shall publish a directive setting
forth the charter of the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict not later than 30 days after
the date of the enactment of this Act [Dec. 4, 1987]. The directive
shall set forth -
"(A) the duties and responsibilities of the Assistant
Secretary;
"(B) the relationships between the Assistant Secretary and
other Department of Defense officials;
"(C) any delegation of authority from the Secretary of Defense
to the Assistant Secretary; and
"(D) such other matters as the Secretary considers appropriate.
"(3) On the date that such directive is published, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives -
"(A) a copy of the directive; and
"(B) a report explaining how the charter of the Assistant
Secretary fulfills the provisions of section 136(b)(4) [now
138(b)(4)] of title 10, United States Code (as amended by
paragraph (1)), that provide that the Assistant Secretary -
"(i) exercises overall supervision of special operations
activities and low intensity conflict activities of the
Department of Defense;
"(ii) is the principal civilian adviser to the Secretary of
Defense on special operations and low intensity conflict
matters; and
"(iii) is the principal special operations and low intensity
conflict official (after the Secretary and Deputy Secretary)
within the senior management of the Department of Defense.
"(4)(A) Until the office of Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict is filled for the
first time by a person appointed from civilian life by the
President, by and with the advice and consent of the Senate, the
Secretary of the Army shall carry out the duties and
responsibilities of that office.
"(B) Throughout the period of time during which the Secretary of
the Army is carrying out the duties and responsibilities of that
office, he shall submit to the Committees on Armed Services of the
Senate and House of Representatives a monthly report on the
administrative actions that he has taken and the policy guidance
that he has issued to carry out such duties and responsibilities.
Each such report shall also describe the actions that he intends to
take and the guidance that he intends to issue to fulfill the
provisions of section 136(b)(4) [now 138(b)(4)] of title 10, United
States Code (as amended by paragraph (1)), along with a timetable
for completion of such actions and issuance of such guidance. The
first such report shall be submitted not later than 30 days after
the date of the enactment of this Act [Dec. 4, 1987].
"(5) Until the first individual appointed to the position of
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict by the President, by and with the advice and
consent of the Senate, leaves that office, that Assistant Secretary
(and the Secretary of the Army when carrying out the duties and
responsibilities of the Assistant Secretary) shall, with respect to
the duties and responsibilities of that office, report directly,
without intervening review or approval, to the Secretary of Defense
personally or, as designated by the Secretary, to the Deputy
Secretary of Defense personally."

TEMPORARY INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF DEFENSE
Section 1311 of Pub. L. 100-180 provided that until Jan. 20,
1989, the number of Assistant Secretaries of Defense authorized
under subsec. (a) of this section and the number of positions at
level IV of the Executive Schedule are each increased by one (to a
total of 12).

-End-



-CITE-
10 USC Sec. 139 01/03/2007

-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. 139. Director of Operational Test and Evaluation

-STATUTE-
(a)(1) There is a Director of Operational Test and Evaluation in
the Department of Defense, appointed from civilian life by the
President, by and with the advice and consent of the Senate. The
Director shall be appointed without regard to political affiliation
and solely on the basis of fitness to perform the duties of the
office of Director. The Director may be removed from office by the
President. The President shall communicate the reasons for any such
removal to both Houses of Congress.
(2) In this section:
(A) The term "operational test and evaluation" means -
(i) the field test, under realistic combat conditions, of any
item of (or key component of) weapons, equipment, or munitions
for the purpose of determining the effectiveness and
suitability of the weapons, equipment, or munitions for use in
combat by typical military users; and
(ii) the evaluation of the results of such test.

(B) The term "major defense acquisition program" means a
Department of Defense acquisition program that is a major defense
acquisition program for purposes of section 2430 of this title or
that is designated as such a program by the Director for purposes
of this section.

(b) The Director is the principal adviser to the Secretary of
Defense and the Under Secretary of Defense for Acquisition,
Technology, and Logistics on operational test and evaluation in the
Department of Defense and the principal operational test and
evaluation official within the senior management of the Department
of Defense. The Director shall -
(1) prescribe, by authority of the Secretary of Defense,
policies and procedures for the conduct of operational test and
evaluation in the Department of Defense;
(2) provide guidance to and consult with the Secretary of
Defense and the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Secretaries of the military
departments with respect to operational test and evaluation in
the Department of Defense in general and with respect to specific
operational test and evaluation to be conducted in connection
with a major defense acquisition program;
(3) provide guidance to and consult with the officials
described in paragraph (2) with respect to operational test and
evaluation or survivability testing (or both) within the
Department of Defense of force protection equipment (including
non-lethal weapons), which, in such a case -
(A) shall be guidance and consultation for the purposes of -
(i) expediting suitable operational test and evaluation;
(ii) providing objective subject-matter expertise;
(iii) encouraging data sharing between Department of
Defense components; and
(iv) where appropriate, facilitating the use of common test
standards; and

(B) does not authorize the Director -
(i) to approve test and evaluation plans for such
equipment; or
(ii) to in any manner delay deployment of such equipment;

(4) monitor and review all operational test and evaluation in
the Department of Defense;
(5) coordinate operational testing conducted jointly by more
than one military department or defense agency;
(6) review and make recommendations to the Secretary of Defense
on all budgetary and financial matters relating to operational
test and evaluation, including operational test facilities and
equipment, in the Department of Defense; and
(7) monitor and review the live fire testing activities of the
Department of Defense provided for under section 2366 of this
title.

(c) The Director may communicate views on matters within the
responsibility of the Director directly to the Secretary of Defense
and the Deputy Secretary of Defense without obtaining the approval
or concurrence of any other official within the Department of
Defense. The Director shall consult closely with, but the Director
and the Director's staff are independent of, the Under Secretary of
Defense for Acquisition, Technology, and Logistics and all other
officers and entities of the Department of Defense responsible for
acquisition.
(d) The Director may not be assigned any responsibility for
developmental test and evaluation, other than the provision of
advice to officials responsible for such testing.
(e)(1) The Secretary of a military department shall report
promptly to the Director the results of all operational test and
evaluation conducted by the military department and of all studies
conducted by the military department in connection with operational
test and evaluation in the military department.
(2) The Director may require that such observers as he designates
be present during the preparation for and the conduct of the test
part of any operational test and evaluation conducted in the
Department of Defense.
(3) The Director shall have access to all records and data in the
Department of Defense (including the records and data of each
military department) that the Director considers necessary to
review in order to carry out his duties under this section.
(f) The Director shall ensure that safety concerns developed
during the operational test and evaluation of a weapon system under
a major defense acquisition program are communicated in a timely
manner to the program manager for that program for consideration in
the acquisition decisionmaking process.
(g)(1) The Director shall prepare an annual report summarizing
the operational test and evaluation activities (including live fire
testing activities) of the Department of Defense during the
preceding fiscal year.
(2) Each such report shall be submitted concurrently to the
Secretary of Defense, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, and the Congress not later
than 10 days after the transmission of the budget for the next
fiscal year under section 1105 of title 31.
(3) If the Director submits the report to Congress in a
classified form, the Director shall concurrently submit an
unclassified version of the report to Congress.
(4) The report shall include such comments and recommendations as
the Director considers appropriate, including comments and
recommendations on resources and facilities available for
operational test and evaluation and levels of funding made
available for operational test and evaluation activities. The
report for a fiscal year shall also include an assessment of the
waivers of and deviations from requirements in test and evaluation
master plans and other testing requirements that occurred during
the fiscal year, any concerns raised by the waivers or deviations,
and the actions that have been taken or are planned to be taken to
address the concerns.
(5) The Secretary may comment on any report of the Director to
Congress under this subsection.
(h) The Director shall comply with requests from Congress (or any
committee of either House of Congress) for information relating to
operational test and evaluation in the Department of Defense.
(i) The President shall include in the Budget transmitted to
Congress pursuant to section 1105 of title 31 for each fiscal year
a separate statement of estimated expenditures and proposed
appropriations for that fiscal year for the activities of the
Director of Operational Test and Evaluation in carrying out the
duties and responsibilities of the Director under this section.
(j) The Director shall have sufficient professional staff of
military and civilian personnel to enable the Director to carry out
the duties and responsibilities of the Director prescribed by law.

-SOURCE-
(Added Pub. L. 98-94, title XII, Sec. 1211(a)(1), Sept. 24, 1983,
97 Stat. 684, Sec. 136a; amended Pub. L. 99-348, title V, Sec.
501(c), July 1, 1986, 100 Stat. 708; renumbered Sec. 138 and
amended Pub. L. 99-433, title I, Secs. 101(a)(7), 110(d)(10),
(g)(1), Oct. 1, 1986, 100 Stat. 995, 1003, 1004; Pub. L. 99-500,
Sec. 101(c) [title X, Secs. 903(c), 910(c)], Oct. 18, 1986, 100
Stat. 1783-82, 1783-132, 1783-145, and Pub. L. 99-591, Sec. 101(c)
[title X, Secs. 903(c), 910(c)], Oct. 30, 1986, 100 Stat. 3341-82,
3341-132, 3341-145; Pub. L. 99-661, div. A, title IX, formerly
title IV, Secs. 903(c), 910(c), Nov. 14, 1986, 100 Stat. 3912,
3924, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21,
1987, 101 Stat. 273; Pub. L. 100-26, Sec. 7(a)(1), (c)(2), Apr. 21,
1987, 101 Stat. 275, 280; Pub. L. 100-180, div. A, title VIII, Sec.
801, Dec. 4, 1987, 101 Stat. 1123; Pub. L. 101-189, div. A, title
VIII, Sec. 802(b), title XVI, Sec. 1622(e)(1), Nov. 29, 1989, 103
Stat. 1486, 1605; Pub. L. 101-510, div. A, title XIV, Sec.
1484(k)(1), Nov. 5, 1990, 104 Stat. 1719; renumbered Sec. 139 and
amended Pub. L. 103-160, div. A, title IX, Secs. 901(a)(1),
904(d)(1), 907, Nov. 30, 1993, 107 Stat. 1726, 1728, 1730; Pub. L.
103-355, title III, Secs. 3011-3013, Oct. 13, 1994, 108 Stat. 3331,
3332; Pub. L. 106-65, div. A, title IX, Sec. 911(d)(1), Oct. 5,
1999, 113 Stat. 719; Pub. L. 107-107, div. A, title II, Sec. 263,
title X, Sec. 1048(b)(2), Dec. 28, 2001, 115 Stat. 1044, 1225; Pub.
L. 107-314, div. A, title II, Sec. 235, Dec. 2, 2002, 116 Stat.
2491; Pub. L. 109-364, div. A, title II, Sec. 231(f), Oct. 17,
2006, 120 Stat. 2133.)

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


-MISC1-
PRIOR PROVISIONS
A prior section 139 was renumbered section 140 of this title.
Another prior section 139 was renumbered section 2431 of this
title.

AMENDMENTS
2006 - Subsec. (b)(3) to (7). Pub. L. 109-364 added par. (3) and
redesignated former pars. (3) to (6) as (4) to (7), respectively.
2002 - Subsec. (g). Pub. L. 107-314, Sec. 235(b), designated
first sentence as par. (1), second sentence as par. (2), third
sentence as par. (3), fourth and fifth sentences as par. (4), and
sixth sentence as par. (5).
Pub. L. 107-314, Sec. 235(a), inserted after fourth sentence "The
report for a fiscal year shall also include an assessment of the
waivers of and deviations from requirements in test and evaluation
master plans and other testing requirements that occurred during
the fiscal year, any concerns raised by the waivers or deviations,
and the actions that have been taken or are planned to be taken to
address the concerns."
2001 - Subsec. (c). Pub. L. 107-107, Sec. 1048(b)(2), substituted
"Under Secretary of Defense for Acquisition, Technology, and
Logistics" for "Under Secretary of Defense for Acquisition and
Technology".
Subsec. (f). Pub. L. 107-107, Sec. 263(2), added subsec. (f).
Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 107-107, Sec. 1048(b)(2), substituted "Under
Secretary of Defense for Acquisition, Technology, and Logistics"
for "Under Secretary of Defense for Acquisition and Technology".
Pub. L. 107-107, Sec. 263(1), redesignated subsec. (f) as (g).
Former subsec. (g) redesignated (h).
Subsecs. (h) to (j). Pub. L. 107-107, Sec. 263(1), redesignated
subsecs. (g) to (i) as (h) to (j), respectively.
1999 - Subsec. (b). Pub. L. 106-65 substituted "Under Secretary
of Defense for Acquisition, Technology, and Logistics" for "Under
Secretary of Defense for Acquisition and Technology" in
introductory provisions and in par. (2).
1994 - Subsec. (b)(6). Pub. L. 103-355, Sec. 3012(a), added par.
(6).
Subsec. (c). Pub. L. 103-355, Sec. 3011, inserted "The Director
may communicate views on matters within the responsibility of the
Director directly to the Secretary of Defense and the Deputy
Secretary of Defense without obtaining the approval or concurrence
of any other official within the Department of Defense." after
"(c)".
Subsec. (f). Pub. L. 103-355, Secs. 3012(b), 3013, in first
sentence inserted "(including live fire testing activities)" after
"operational test and evaluation activities" and after second
sentence inserted "If the Director submits the report to Congress
in a classified form, the Director shall concurrently submit an
unclassified version of the report to Congress."
1993 - Pub. L. 103-160, Sec. 901(a)(1), renumbered section 138 of
this title as this section.
Subsec. (b). Pub. L. 103-160, Sec. 904(d)(1), substituted "Under
Secretary of Defense for Acquisition and Technology" for "Under
Secretary of Defense for Acquisition" in introductory provisions
and in par. (2).
Subsec. (c). Pub. L. 103-160, Sec. 907, struck out "The Director
reports directly, without intervening review or approval, to the
Secretary of Defense personally." after "(c)" and substituted
"Under Secretary of Defense for Acquisition and Technology" for
"Director of Defense Research and Engineering" and "responsible for
acquisition" for "responsible for research and development".
Subsec. (f). Pub. L. 103-160, Sec. 904(d)(1), substituted "Under
Secretary of Defense for Acquisition and Technology" for "Under
Secretary of Defense for Acquisition".
1990 - Subsec. (a)(2)(A). Pub. L. 101-510, Sec. 1484(k)(1)(A),
substituted "(A) The term 'operational test and evaluation" for
"(A) 'Operational test and evaluation".
Subsec. (a)(2)(B). Pub. L. 101-510, Sec. 1484(k)(1)(B),
substituted "(B) The term 'major defense acquisition program" for
"(B) 'Major defense acquisition program".
1989 - Subsec. (a)(2)(A). Pub. L. 101-189, Sec. 1622(e)(1)(A),
which directed amendment of subpar. (A) by substituting "(A) The
term 'operational' " for "(A) 'Operational' ", could not be
executed because a closing quotation mark did not follow
"Operational".
Subsec. (a)(2)(B). Pub. L. 101-189, Sec. 1622(e)(1)(B), which
directed amendment of subpar. (B) by substituting "(B) The term
'major' " for "(B) 'Major' ", could not be executed because a
closing quotation mark did not follow "Major".
Subsec. (b)(4). Pub. L. 101-189, Sec. 802(b)(1)(A), inserted
"and" after "defense agency;".
Subsec. (b)(5), (6). Pub. L. 101-189, Sec. 802(b)(1)(B), (C),
redesignated par. (6) as (5) and struck out former par. (5) which
read as follows: "analyze the results of the operational test and
evaluation conducted for each major defense acquisition program
and, at the conclusion of such operational test and evaluation,
report to the Secretary of Defense, to the Under Secretary of
Defense for Acquisition, and to the Committees on Armed Services
and on Appropriations of the Senate and House of Representatives as
provided in subsection (c) on -
"(A) whether the test and evaluation performed was adequate;
and
"(B) whether the test and evaluation results confirm that the
items or components actually tested are effective and suitable
for combat; and".
Subsec. (c). Pub. L. 101-189, Sec. 802(b)(2), (3), redesignated
subsec. (d)(1) as (c) and struck out former subsec. (c) which read
as follows: "Each report of the Director required under subsection
(b)(5) shall be submitted to the committees specified in that
subsection in precisely the same form and with precisely the same
content as the report originally was submitted to the Secretary of
Defense and the Under Secretary of Defense for Acquisition and
shall be accompanied by such comments as the Secretary may wish to
make on the report."
Subsec. (d). Pub. L. 101-189, Sec. 802(b)(4), redesignated former
par. (2) of subsec. (d) as entire subsec. Former par. (1) of
subsec. (d) redesignated subsec. (c).
Subsec. (f). Pub. L. 101-189, Sec. 802(b)(5)-(7), redesignated
subsec. (g)(1) as (f), substituted "this subsection" for "this
paragraph", and struck out former subsec. (f) which read as
follows:
"(1) Operational testing of a major defense acquisition program
may not be conducted until the Director has approved in writing the
adequacy of the plans (including the adequacy of projected levels
of funding) for operational test and evaluation to be conducted in
connection with that program.
"(2) A final decision within the Department of Defense to proceed
with a major defense acquisition program beyond low-rate initial
production may not be made until the Director has submitted to the
Secretary of Defense the report with respect to that program
required by subsection (b)(5) and the Committees on Armed Services
and on Appropriations of the Senate and House of Representatives
have received that report."
Subsec. (g). Pub. L. 101-189, Sec. 802(b)(6), (8), redesignated
former par. (2) of subsec. (g) as entire subsec. (g), and
redesignated former par. (1) of subsec. (g) as subsec. (f).
1987 - Subsec. (a)(2)(B). Pub. L. 100-26, Sec. 7(c)(2),
substituted "section 2430" for "section 2432(a)(1)".
Subsec. (c). Pub. L. 100-26, Sec. 7(a)(1), substituted "to the
Secretary of Defense and the Under Secretary of Defense for
Acquisition and shall be accompanied by such comments as the
Secretary may wish to make on the report." for "to the Secretary,
to the Under Secretary of Defense for Acquisition, and shall be
accompanied by such comments as the Secretary of Defense may wish
to make on such report."
Subsec. (d). Pub. L. 100-180 designated existing provisions as
par. (1) and added par. (2).
1986 - Pub. L. 99-433, Secs. 101(a)(7), 110(d)(10), renumbered
section 136a of this title as this section, and struck out ":
appointment; powers and duties" at end of section catchline.
Subsec. (a)(2)(B). Pub. L. 99-433, Sec. 110(g)(1), substituted
"section 2432(a)(1)" for "section 139a(a)(1)".
Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) [Sec.
903(c)(1)-(3)] and Pub. L. 99-661, Sec. 903(c)(1)-(3), amended
subsec. (b) identically, in provisions preceding par. (1) and in
par. (2), inserting "and the Under Secretary of Defense for
Acquisition" and, in par. (5), inserting ", to the Under Secretary
of Defense for Acquisition,".
Subsec. (c). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) [Sec.
903(c)(4)], and Pub. L. 99-661, Sec. 903(c)(4), amended subsec. (c)
identically by directing the insertion of ", to the Under Secretary
of Defense for Acquisition," after "Secretary of Defense" the first
place it appears which was executed by making the insertion after
"the Secretary" the first place it appears as the probable intent
of Congress.
Subsec. (d). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) [Sec.
903(c)(5)], and Pub. L. 99-661, Sec. 903(c)(5), amended subsec. (d)
identically inserting "personally" after "Secretary of Defense".
Pub. L. 99-348 substituted "Director of Defense Research and
Engineering" for "Under Secretary of Defense for Research and
Engineering".
Subsec. (g)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)
[Secs. 903(c)(6), 910(c)], and Pub. L. 99-661, Secs. 903(c)(6),
910(c), amended par. (1) identically, inserting ", the Under
Secretary of Defense for Acquisition," and substituting "10 days
after transmission of the budget for the next fiscal year under
section 1105 of title 31" for "January 15 immediately following the
end of the fiscal year for which the report is prepared".
Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) [Sec.
903(c)(7)], and Pub. L. 99-661, Sec. 903(c)(7), amended section
identically adding subsec. (i).

EFFECTIVE DATE
Section 1211(c) of Pub. L. 98-94 provided that: "The amendments
made by this section [enacting this section and amending section
5315 of Title 5, Government Organization and Employees] shall take
effect on November 1, 1983."

REVIEW AND REVISION OF POLICIES AND PRACTICES ON TEST AND
EVALUATION; INCLUSION IN STRATEGIC PLAN; REPORT
Pub. L. 109-364, div. A, title II, Sec. 231(b)-(e), Oct. 17,
2006, 120 Stat. 2132, 2133, provided that:
"(b) Review and Revision of Policies and Practices. -
"(1) Review. - During fiscal year 2007, the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the
Director of Operational Test and Evaluation shall review
Department of Defense policies and practices on test and
evaluation in order to -
"(A) reaffirm the test and evaluation principles that should
guide traditional acquisition programs; and
"(B) determine how best to apply appropriate test and
evaluation principles to emerging acquisition approaches.
"(2) Revised guidance. - If the Under Secretary determines as a
result of the review under paragraph (1) that a revision of the
policies and practices referred to in that paragraph is
necessary, the Under Secretary and the Director shall jointly
issue new or revised guidance for the Department of Defense on
test and evaluation to address that determination.
"(c) Issues To Be Addressed. - In carrying out subsection (b),
the Under Secretary shall address policies and practices on test
and evaluation in order to -
"(1) ensure the performance of test and evaluation activities
with regard to -
"(A) items that are acquired pursuant to the authority for
rapid acquisition and deployment of items in section 806 of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 [Pub. L. 107-314] (10 U.S.C. 2302 note);
"(B) programs that are conducted pursuant to the authority
for spiral development in section 803 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-
314; 116 Stat. 2603; 10 U.S.C. 2430 note), or other authority
for the conduct of incremental acquisition programs;
"(C) systems that are acquired pursuant to other emerging
acquisition approaches, as approved by the Under Secretary; and
"(D) equipment that is not subject to the operational test
and evaluation requirements in sections 2366 and 2399 of title
10, United States Code, but that may require limited
operational test and evaluation for the purpose of ensuring the
safety and survivability of such equipment and personnel using
such equipment; and
"(2) ensure the appropriate use, if any, of operational test
and evaluation resources to assess technology readiness levels
for the purpose of section 2366a of title 10, United States Code,
and other applicable technology readiness requirements.
"(d) Inclusion of Testing Needs in Strategic Plan. - The
Director, Test Resource Management Center, shall ensure that the
strategic plan for Department of Defense test and evaluation
resources developed pursuant to section 196 of title 10, United
States Code -
"(1) reflects any testing needs of the Department of Defense
that are identified as a result of activities under subsection
(b); and
"(2) includes an assessment of the test and evaluation
facilities, resources, and budgets that will be required to meet
such needs.
"(e) Report to Congress. - Not later than nine months after the
date of the enactment of this Act [Oct. 17, 2006], the Under
Secretary and the Director of Operational Test and Evaluation shall
submit to the congressional defense committees [Committees on Armed
Services and Appropriations of the Senate and the House of
Representatives] a report on the review conducted under paragraph
(1) of subsection (b), including any new or revised guidance issued
pursuant to paragraph (2) of that subsection."

-End-



-CITE-
10 USC Sec. 139a 01/03/2007

-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. 139a. Director of Defense Research and Engineering

-STATUTE-
(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) Except as otherwise prescribed by the Secretary of Defense,
the Director of Defense Research and Engineering shall perform such
duties relating to research and engineering as the Under Secretary
of Defense for Acquisition, Technology, and Logistics may
prescribe.

-SOURCE-
(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat.
518, Sec. 135; amended Pub. L. 92-596, Sec. 4(2), Oct. 27, 1972, 86
Stat. 1318; Pub. L. 95-140, Sec. 2(a), Oct. 21, 1977, 91 Stat.
1172; Pub. L. 99-348, title V, Sec. 501(b)(1), (2), (e)(1), July 1,
1986, 100 Stat. 707, 708; Pub. L. 99-433, title I, Sec. 105, Oct.
1, 1986, 100 Stat. 997; Pub. L. 99-500, Sec. 101(c) [title X, Sec.
903(b)(1)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-132, and Pub. L.
99-591, Sec. 101(c) [title X, Sec. 903(b)(1)], Oct. 30, 1986, 100
Stat. 3341-82, 3341-132; Pub. L. 99-661, div. A, title IX, formerly
title IV, Sec. 903(b)(1), Nov. 14, 1986, 100 Stat. 3911, renumbered
title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273;
renumbered Sec. 137 and amended Pub. L. 103-160, div. A, title IX,
Secs. 901(a)(1), 904(d)(1), Nov. 30, 1993, 107 Stat. 1726, 1728;
Pub. L. 104-106, div. A, title IX, Sec. 903(c)(3), 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; renumbered Sec. 139a, Pub.
L. 107-314, div. A, title IX, Sec. 901(a)(1), Dec. 2, 2002, 116
Stat. 2619.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
135(a) 5:171c(b)(1) (1st 30 July 26, 1947, ch. 343,
words of 1st sentence). Sec. 203(b)(1) (less
last sentence); added
Aug. 6, 1958, Pub. L.
85-599, Sec. 9(a) (2d
par., less last
sentence), 72 Stat. 520.

135(b)
135(c)
5:171c(b)(1) (2d
sentence).
5:171c(b)(1) (1st
sentence, less 1st 30
words).
--------------------------------------------------------------------


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


-MISC2-
PRIOR PROVISIONS
A prior section 139a was renumbered section 2432 of this title.

AMENDMENTS
2002 - Pub. L. 107-314 renumbered section 137 of this title as
this section.
1999 - Subsec. (b). Pub. L. 106-65 substituted "Under Secretary
of Defense for Acquisition, Technology, and Logistics" for "Under
Secretary of Defense for Acquisition and Technology".
1996 - Pub. L. 104-106, Sec. 903(a), (c)(3), which directed
repeal of this section eff. Jan. 31, 1997, was repealed by Pub. L.
104-201.
1993 - Pub. L. 103-160, Sec. 901(a)(1), renumbered section 135 of
this title as this section.
Subsec. (b). Pub. L. 103-160, Sec. 904(d)(1), substituted "Under
Secretary of Defense for Acquisition and Technology" for "Under
Secretary of Defense for Acquisition".
1986 - Pub. L. 99-433, Sec. 105(1), amended section catchline
generally, substituting "Director of Defense Research and
Engineering" for "Under Secretary of Defense for Policy; Director
of Defense Research and Engineering: appointments; powers and
duties; precedence".
Pub. L. 99-348, Sec. 501(e)(1), substituted "Under Secretary of
Defense for Policy; Director of Defense Research and Engineering:
appointments" for "Under Secretaries of Defense: appointment" in
section catchline.
Subsec. (a). Pub. L. 99-433, Sec. 105(1), substituted a new
subsec. (a) for former provisions establishing the positions of
Under Secretary of Defense for Policy and Director of Defense for
Research and Engineering to be appointed from civilian life by the
President with the advice and consent of the Senate and prohibiting
the appointment as Under Secretary of Defense for Policy of a
person within ten years after relief from active duty as a
commissioned officer of a regular component of an armed force. See
section 134 of this title.
Pub. L. 99-348, Sec. 501(b)(1), substituted "is an Under
Secretary of Defense for Policy and a Director of Defense Research
and Engineering" for "are two Under Secretaries of Defense, one of
whom shall be the Under Secretary of Defense for Policy and one of
whom shall be the Under Secretary of Defense for Research and
Engineering" and "They shall" for "The Under Secretaries of Defense
shall".
Subsec. (b). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661
amended section identically adding subsec. (b) and striking out
former subsec. (b) which read as follows: "The Director of Defense
Research and Engineering shall perform 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."
Pub. L. 99-433, Sec. 105(2), struck out provisions that the Under
Secretary of Defense for Policy would perform duties and exercise
powers as the Secretary of Defense might prescribe.
Pub. L. 99-348, Sec. 501(b)(2), substituted "Director of Defense
Research and Engineering" for "Under Secretary of Defense for
Research and Engineering".
Subsec. (c). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661
amended section identically striking out subsec. (c) which read as
follows: "The Director of Defense Research and Engineering takes
precedence in the Department of Defense immediately after the Under
Secretary of Defense for Policy."
Pub. L. 99-433, Sec. 105(2), struck out provisions that the Under
Secretary of Defense for Policy would take precedence in the
Department of Defense after Secretary of Defense, the Deputy
Secretary of Defense, and the Secretaries of the military
departments.
Pub. L. 99-348, Sec. 501(b)(2), substituted "Director of Defense
Research and Engineering" for "Under Secretary of Defense for
Research and Engineering".
1977 - Pub. L. 95-140, Sec. 2(a)(4), substituted "Under
Secretaries of Defense" for "Director of Defense Research and
Engineering" in section catchline.
Subsec. (a). Pub. L. 95-140, Sec. 2(a)(1), substituted provisions
relating to the appointment of the Under Secretary of Defense for
Policy and the Under Secretary of Defense for Research and
Engineering for provisions relating to the appointment of the
Director of Defense Research and Engineering and inserted
provisions relating to the prohibition of the appointment of a
person as Under Secretary of Defense for policy within ten years
after relief from active duty as a commissioned officer of an armed
force.
Subsec. (b). Pub. L. 95-140, Sec. 2(a)(2), substituted "The Under
Secretary of Defense for Policy shall perform such duties and
exercise such powers as the Secretary of Defense may prescribe. The
Under Secretary of Defense for Research and Engineering shall
perform" for "The Director performs".
Subsec. (c). Pub. L. 95-140, Sec. 2(a)(3), substituted "Under
Secretary of Defense for Policy" for "Director" and "Deputy
Secretary" for "Deputy Secretaries" and inserted provision that the
Under Secretary of Defense for Research and Engineering takes
precedence in the Department of Defense immediately after the Under
Secretary of Defense for Policy.
1972 - Subsec. (c). Pub. L. 92-596 substituted "Deputy
Secretaries" for "Deputy Secretary".

REDESIGNATION OF POSITION OF UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING; EFFECT ON INDIVIDUAL HOLDING POSITION
Pub. L. 99-348, title V, Sec. 501(b)(3), July 1, 1986, 100 Stat.
708, provided that the redesignation by Pub. L. 99-348, Sec.
501(b)(1) (amending this section), of the position of Under
Secretary of Defense for Research and Engineering as Director of
Defense Research and Engineering was not to affect the appointment
to such position of the individual holding such position on July 1,
1986.

EMERGENCY FUND FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Pub. L. 89-37, title III, Sec. 305, June 11, 1965, 79 Stat. 128,
which provided that no funds were to be appropriated after June 30,
1966, to or for the use of any armed force of the United States for
use as an emergency fund for research, development, test, and
evaluation, or procurement or production related thereto unless the
appropriation of such funds has been authorized by legislation
enacted after that date, was repealed and restated as subsec. (i)
of section 138 [now Sec. 114(d)] of this title by Pub. L. 97-295,
Secs. 1(4), 6(b), Oct. 12, 1982, 96 Stat. 1289, 1314.

-End-



-CITE-
10 USC Sec. 139b 01/03/2007

-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. 139b. Renumbered Sec. 2433]
-STATUTE-


-End-



-CITE-
10 USC Sec. 139c 01/03/2007

-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. 139c. Renumbered Sec. 2434]
-STATUTE-


-End-



-CITE-
10 USC Sec. 140 01/03/2007

-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. 140. General Counsel

-STATUTE-
(a) There is a General Counsel of the Department of Defense,
appointed from civilian life by the President, by and with the
advice and consent of the Senate.
(b) The General Counsel is the chief legal officer of the
Department of Defense. He shall perform such functions as the
Secretary of Defense may prescribe.

-SOURCE-
(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat.
519, Sec. 137; amended Pub. L. 88-426, title III, Sec. 305(9), Aug.
14, 1964, 78 Stat. 423; renumbered Sec. 139 and amended Pub. L. 99-
433, title I, Secs. 101(a)(7), 110(d)(11), Oct. 1, 1986, 100 Stat.
995, 1003; renumbered Sec. 140, Pub. L. 103-160, div. A, title IX,
Sec. 901(a)(1), Nov. 30, 1993, 107 Stat. 1726.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
137(a) [Uncodified: 1953 Reorg. 1953 Reorg. Plan No. 6,
Plan No. 6, eff. June 30, eff. June 30, 1953, Sec.
1953, Sec. 4 (1st 25 4, 67 Stat. 639.
words of 1st sentence),
67 Stat. 639].
137(b) [Uncodified: 1953 Reorg.
Plan No. 6, eff. June 30,
1953, Sec. 4 (1st
sentence, less 1st 25
words), 67 Stat. 639].
137(c) [Uncodified: 1953 Reorg.
Plan No. 6, eff. June 30,
1953, Sec. 4 (2d
sentence), 67 Stat. 639].
--------------------------------------------------------------------

In subsection (b), the words "from time to time" are omitted as
surplusage.

PRIOR PROVISIONS
A prior section 140 was renumbered section 141 of this title.
Another prior section 140 was renumbered section 127 of this
title.

AMENDMENTS
1993 - Pub. L. 103-160 renumbered section 139 of this title as
this section.
1986 - Pub. L. 99-433, Secs. 101(a)(7), 110(d)(11), renumbered
section 137 of this title as this section, and struck out ": powers
and duties" at end of section catchline.
1964 - Subsec. (c). Pub. L. 88-426 repealed subsec. (c) which
related to compensation of General Counsel. See section 5315 of
Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1964 AMENDMENT
For effective date of amendment by Pub. L. 88-426, see section
501 of Pub. L. 88-426.

-End-



-CITE-
10 USC Sec. 140a 01/03/2007

-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. 140a. Renumbered Sec. 422]


-STATUTE-

-MISC1-
PRIOR PROVISIONS
A prior section 140a was renumbered section 421 of this title.

-End-



-CITE-
10 USC Sec. 140b 01/03/2007

-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. 140b. Renumbered Sec. 423]


-STATUTE-

-MISC1-
PRIOR PROVISIONS
A prior section 140b was renumbered section 129 of this title.

-End-



-CITE-
10 USC Sec. 140c 01/03/2007

-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. 140c. Renumbered Sec. 130]
-STATUTE-


-End-



-CITE-
10 USC Sec. 141 01/03/2007

-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. 141. Inspector General

-STATUTE-
(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.

-SOURCE-
(Added Pub. L. 99-433, title I, Sec. 108, Oct. 1, 1986, 100 Stat.
998, Sec. 140; renumbered Sec. 141, Pub. L. 103-160, div. A, title
IX, Sec. 901(a)(1), Nov. 30, 1993, 107 Stat. 1726.)

-REFTEXT-
REFERENCES IN TEXT
The Inspector General Act of 1978, referred to in text, 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.


-MISC1-
PRIOR PROVISIONS
A prior section 141 was renumbered section 142 of this title.
Another prior section 141 of this title was contained in chapter
5 of this title, prior to amendment by Pub. L. 99-433. See note
preceding section 151 of this title.

AMENDMENTS
1993 - Pub. L. 103-160 renumbered section 140 of this title as
this section.

-End-



-CITE-
10 USC Sec. 142 01/03/2007

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

-STATUTE-
(a) There is an Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs, appointed by the
President, by and with the advice and consent of the Senate.
(b) The Assistant to the Secretary shall -
(1) advise the Secretary of Defense on nuclear energy, nuclear
weapons, and chemical and biological defense;
(2) serve as the Staff Director of the Nuclear Weapons Council
established by section 179 of this title; and
(3) perform such additional duties as the Secretary may
prescribe.

-SOURCE-
(Added Pub. L. 100-180, div. A, title XII, Sec. 1245(a)(1), Dec. 4,
1987, 101 Stat. 1165, Sec. 141; renumbered Sec. 142, Pub. L. 103-
160, div. A, title IX, Sec. 901(a)(1), Nov. 30, 1993, 107 Stat.
1726; amended Pub. L. 104-106, div. A, title IX, Secs. 903(c)(4),
904(a)(1), Feb. 10, 1996, 110 Stat. 402, 403; Pub. L. 104-201, div.
A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617.)


-MISC1-
PRIOR PROVISIONS
A prior section 142 of this title was contained in chapter 5 of
this title, prior to amendment by Pub. L. 99-433. See note
preceding section 151 of this title.

AMENDMENTS
1996 - Pub. L. 104-106, Sec. 904(a)(1)(A), substituted "Nuclear
and Chemical and Biological Defense Programs" for "Atomic Energy"
in section catchline.
Pub. L. 104-106, Sec. 903(a), (c)(4), which directed repeal of
this section eff. Jan. 31, 1997, was repealed by Pub. L. 104-201.
Subsec. (a). Pub. L. 104-106, Sec. 904(a)(1)(B), substituted
"Nuclear and Chemical and Biological Defense Programs" for "Atomic
Energy".
Subsec. (b). Pub. L. 104-106, Sec. 904(a)(1)(C), added subsec.
(b) and struck out former subsec. (b) which read as follows: "The
Assistant to the Secretary shall advise the Secretary of Defense
and the Nuclear Weapons Council on nuclear energy and nuclear
weapons matters."
1993 - Pub. L. 103-160 renumbered section 141 of this title as
this section.

EXCEPTION TO SENATE CONFIRMATION REQUIREMENT
Pub. L. 100-180, div. A, title XII, Sec. 1245(b), Dec. 4, 1987,
101 Stat. 1165, provided that the person serving as Chairman of the
Military Liaison Committee, Department of Defense, on Oct. 16,
1986, could be appointed as the Assistant to the Secretary of
Defense for Atomic Energy without the advice and consent of the
Senate.

-End-



-CITE-
10 USC Sec. 143 01/03/2007

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

-STATUTE-
(a) Permanent Limitation on OSD Personnel. - The number of OSD
personnel may not exceed 3,767.
(b) OSD Personnel Defined. - For purposes of this section, the
term "OSD personnel" means military and civilian personnel of the
Department of Defense who are assigned to, or employed in,
functions in the Office of the Secretary of Defense (including
Direct Support Activities of that Office and the Washington
Headquarters Services of the Department of Defense).
(c) Limitation on Reassignment of Functions. - In carrying out
reductions in the number of personnel assigned to, or employed in,
the Office of the Secretary of Defense in order to comply with this
section, the Secretary of Defense may not reassign functions solely
in order to evade the requirements contained in this section.

-SOURCE-
(Added Pub. L. 105-85, div. A, title IX, Sec. 911(d)(1), Nov. 18,
1997, 111 Stat. 1859; amended Pub. L. 106-65, div. A, title IX,
Sec. 921(c), Oct. 5, 1999, 113 Stat. 723.)

-COD-
CODIFICATION
Section, as added by Pub. L. 105-85, consists of text of Pub. L.
104-201, div. A, title IX, Sec. 903(a)-(f), Sept. 23, 1996, 110
Stat. 2617. Section 903 of Pub. L. 104-201, which was formerly set
out as a note under section 131 of this title, was repealed by Pub.
L. 105-85, div. A, title IX, Sec. 911(d)(3), Nov. 18, 1997, 111
Stat. 1860.


-MISC1-
AMENDMENTS
1999 - Subsec. (a). Pub. L. 106-65, Sec. 921(c)(1), substituted
"The number" for "Effective October 1, 1999, the number" and
"3,767" for "75 percent of the baseline number".
Subsec. (b). Pub. L. 106-65, Sec. 921(c)(2), (3), redesignated
subsec. (d) as (b) and struck out heading and text of former
subsec. (b). Text read as follows: "The number of OSD personnel -
"(1) as of October 1, 1997, may not exceed 85 percent of the
baseline number; and
"(2) as of October 1, 1998, may not exceed 80 percent of the
baseline number."
Subsec. (c). Pub. L. 106-65, Sec. 921(c)(2), (3), redesignated
subsec. (e) as (c) and struck out heading and text of former
subsec. (c). Text read as follows: "For purposes of this section,
the term 'baseline number' means the number of OSD personnel as of
October 1, 1994."
Subsecs. (d), (e). Pub. L. 106-65, Sec. 921(c)(3), redesignated
subsecs. (d) and (e) as (b) and (c), respectively.
Subsec. (f). Pub. L. 106-65, Sec. 921(c)(2), struck out heading
and text of subsec. (f). Text read as follows: "If the Secretary of
Defense determines, and certifies to Congress, that the limitation
in subsection (b) with respect to any fiscal year would adversely
affect United States national security, the Secretary may waive the
limitation under that subsection with respect to that fiscal year.
If the Secretary of Defense determines, and certifies to Congress,
that the limitation in subsection (a) during fiscal year 1999 would
adversely affect United States national security, the Secretary may
waive the limitation under that subsection with respect to that
fiscal year. The authority under this subsection may be used only
once, with respect to a single fiscal year."

EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-65, div. A, title IX, Sec. 921(c), Oct. 5, 1999, 113
Stat. 723, provided that the amendment made by section 921(c) is
effective Oct. 1, 1999.

-End-



-CITE-
10 USC Sec. 144 01/03/2007

-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. 144. Director of Small Business Programs

-STATUTE-
(a) Director. - There is a Director of Small Business Programs in
the Department of Defense. The Director is appointed by the
Secretary of Defense.
(b) Office of Small Business Programs. - The Office of Small
Business Programs of the Department of Defense is the office that
is established within the Office of the Secretary of Defense under
section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The
Director of Small Business Programs is the head of such office.
(c) Duties and Powers. - (1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties
regarding small business programs of the Department of Defense, and
shall exercise such powers regarding those programs, as the
Secretary of Defense may prescribe.
(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies
to the Director of Small Business Programs.

-SOURCE-
(Added Pub. L. 109-163, div. A, title IX, Sec. 904(b)(1), Jan. 6,
2006, 119 Stat. 3400.)

-CHANGE-
CHANGE OF NAME
Pub. L. 109-163, div. A, title IX, Sec. 904(a), Jan. 6, 2006, 119
Stat. 3399, provided that:
"(1) Positions redesignated. - The following positions within the
Department of Defense are redesignated as follows:
"(A) The Director of Small and Disadvantaged Business
Utilization of the Department of Defense is redesignated as the
Director of Small Business Programs of the Department of Defense.
"(B) The Director of Small and Disadvantaged Business
Utilization of the Department of the Army is redesignated as the
Director of Small Business Programs of the Department of the
Army.
"(C) The Director of Small and Disadvantaged Business
Utilization of the Department of the Navy is redesignated as the
Director of Small Business Programs of the Department of the
Navy.
"(D) The Director of Small and Disadvantaged Business
Utilization of the Department of the Air Force is redesignated as
the Director of Small Business Programs of the Department of the
Air Force.
"(2) Offices redesignated. - The following offices within the
Department of Defense are redesignated as follows:
"(A) The Office of Small and Disadvantaged Business Utilization
of the Department of Defense is redesignated as the Office of
Small Business Programs of the Department of Defense.
"(B) The Office of Small and Disadvantaged Business Utilization
of the Department of the Army is redesignated as the Office of
Small Business Programs of the Department of the Army.
"(C) The Office of Small and Disadvantaged Business Utilization
of the Department of the Navy is redesignated as the Office of
Small Business Programs of the Department of the Navy.
"(D) The Office of Small and Disadvantaged Business Utilization
of the Department of the Air Force is redesignated as the Office
of Small Business Programs of the Department of the Air Force.
"(3) References. - Any reference in any law, regulation,
document, paper, or other record of the United States to a position
or office redesignated by paragraph (1) or (2) shall be deemed to
be a reference to the position or office as so redesignated."

-End-
   

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