United States Code

"(g) REPORT TO CONGRESS.-(1) The Secretary of Defense shall submit to Congress a report on the Secretary's study under subsection (a). The report shall include

"(A) the findings and conclusions of the Secretary with respect to each of the matters set forth in subsection (d);

"(B) the findings and statistical determinations required under subsection (e); and

"(C) any recommendations of the Secretary for or ganizational changes in the Office of the Secretary of Defense and a description of the means for implementing each recommendation.

"(2) The Secretary shall include with the report a copy of the reports to the Secretary under subsections (b) and (c) and a copy of the report of the independent contractor under subsection (f), together with such comments on each such report as the Secretary considers appropriate.

"(3) The report under this subsection shall be submitted not later than one year after the date of the enactment of this Act [Oct. 1, 1986]."

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 132. Deputy Secretary of Defense

(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.

(Added Pub. L. 87-651, title II, § 202, Sept. 7, 1962, 76 Stat. 518, § 134; amended Pub. L. 92-596, § 4(1), Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95-140, § 1(a), Oct. 21, 1977, 91 Stat. 1172; renumbered § 132 and amended Pub. L. 99-433, title I, §§ 101(a)(7), 110(d)(7), Oct. 1, 1986, 100 Stat. 995, 1003.)

HISTORICAL AND REVISION NOTES

Subsec. (a). Pub. L. 95-140, § 1(a)(1), substituted "There is a Deputy Secretary" for "There are two Deputy Secretaries" and struck out "a" before "Deputy Secretary".

Subsec. (b). Pub. L. 95-140, § 1(a)(2), substituted "Deputy Secretary" for "Deputy Secretaries" and "Deputy Secretary" for "Deputy Secretaries, in the order of precedence, designated by the President".

Subsec. (c). Pub. L. 95-140, § 1(a)(3), substituted "The Deputy Secretary takes" for "The Deputy Secretaries take".

1972-Pub. L. 92-596 substituted "Deputy Secretaries" for "Deputy Secretary” in section catchline.

Subsec. (a). Pub. L. 92-596 substituted "There are two Deputy Secretaries of Defense" for "There is a Deputy Secretary of Defense".

Subsec. (b). Pub. L. 92-596 provided for the exercise of powers and duties consequent to the creation of a second Deputy Secretary.

Subsec. (c). Pub. L. 92-596 substituted "The Deputy Secretaries take" for "The Deputy Secretary takes”.

ORDER OF SUCCESSION

For order of succession in event of death, disability, or resignation of Secretary, see Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set out as a note under section 3347 of Title 5, Government Organization and Employees.

§ 133. Under Secretary of Defense for Acquisition and Technology

(a) There is an 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. 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 and Technology 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, research and development, logistics, developmental testing, and contract administration) for all elements of the Department of Defense;

(3) establishing policies of the Department of Defense for maintenance of the defense industrial base of the United States; and

(4) 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.

(1) is the senior procurement executive for the Department of Defense for the purposes of section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3));

(2) is the Defense Acquisition Executive for purposes of regulations and procedures of the Department providing for a Defense Acquisition Executive; and

(3) to the extent directed by the Secretary, exercises overall supervision of all personnel (civilian and military) in the Office of the Secretary of Defense with regard to matters

for which the Under Secretary has responsibility, unless otherwise provided by law.

(d)(1) The Under Secretary shall prescribe policies to ensure that audit and oversight of contractor activities are coordinated and carried out in a manner to prevent duplication by different elements of the Department. Such policies shall provide for coordination of the annual plans developed by each such element for the conduct of audit and oversight functions within each contracting activity.

(2) In carrying out this subsection, the Under Secretary shall consult with the Inspector General of the Department of Defense.

(3) Nothing in this subsection shall affect the authority of the Inspector General of the Department of Defense to establish audit policy for the Department of Defense under the Inspector General Act of 1978 and otherwise to carry out the functions of the Inspector General under that Act.

(e)(1) With regard to all matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Technology 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. (Added Pub. L. 99-348, title V, § 501(a), July 1, 1986, 100 Stat. 707, § 134a; renumbered § 133 and amended Pub. L. 99-433, title I, §§ 101(a)(7), 110(c)(1), (d)(8), Oct. 1, 1986, 100 Stat. 995, 1002, 1003; Pub. L. 99-500, § 101(c) [title X, § 9011, Oct. 18, 1986, 100 Stat. 1783-82, 1783-130, and Pub. L. 99-591, § 101(c) [title X, § 9011, Oct. 30, 1986, 100 Stat. 3341-82, 3341-130; Pub. L. 99-661, div. A, title IX, formerly title IV, § 901, Nov. 14, 1986, 100 Stat. 3910, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100-456, div. A, title VIII, § 809(d), Sept. 29, 1988, 102 Stat. 2013; Pub. L. 103-160, div. A, title IX, § 904(b), Nov. 30, 1993, 107 Stat. 1728.)

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.

CODIFICATION

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

PRIOR PROVISIONS

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

AMENDMENTS

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 OF NAME

Section 904(a), (f) of Pub. L. 103-160 provided that: "(a) REDESIGNATIONS.-The office of Under Secretary of Defense for Acquisition in the Department of Defense is hereby 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 is hereby redesignated as Deputy Under Secretary of Defense for Acquisition and Technology.

"(f) REFERENCES IN OTHER LAWS.-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 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 for Acquisition and Technology or the Deputy Under Secretary of Defense for Acquisition and Technology, respectively."

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, § 904(f), Nov. 30, 1993, 107 Stat. 1729, provided that: "The Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Technology, 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."

§ 133a. Deputy Under Secretary of Defense for Acquisition and Technology

(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 and Technology in the performance of 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. (Added Pub. L. 99-500, § 101(c) [title X, § 902(a)(1)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-131, and Pub. L. 99-591, § 101(c) [title X, § 902(a)(1)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-131; Pub. L. 99-661, div. A, title IX, formerly title IV, § 902(a)(1), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103-160, div. A, title IX, § 904(c), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103-337, div. A, title X, § 1070(a)(2), Oct. 5, 1994, 108 Stat. 2855.)

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.

PRIOR PROVISIONS

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

AMENDMENTS

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).

[§ 133b. Renumbered § 118]

§ 134. Under Secretary of Defense for Policy

(a) There is an Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force.

(b)(1) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.

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

(A) in preparing written policy guidance for the preparation and review of contingency plans; and

(B) in reviewing such plans.

(c) The Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Technology, and the Secretaries of the military departments.

(Added Pub. L. 99-433, title I, § 105(1), Oct. 1, 1986, 100 Stat. 997; amended Pub. L. 99-500, § 101(c) [title X, § 903(a)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-132, and Pub. L. 99-591, § 101(c) [title X, § 903(a)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-132; Pub. L. 99-661, div. A, title IX, formerly title IV, § 903(a), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103-160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728.)

CODIFICATION

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

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

1993-Subsec. (c). Pub. L. 103-160 substituted "Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition".

1986-Subsec. (c). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 amended subsec. (c) identically, inserting "the Under Secretary of Defense for Acquisition,".

ORDER OF SUCCESSION

§ 134a. Deputy Under Secretary of Defense for Policy

(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.

(Added Pub. L. 102-190, div. A, title IX, § 901(a)(1), Dec. 5, 1991, 105 Stat. 1450.)

PRIOR PROVISIONS

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

§ 135. Under Secretary of Defense (Comptroller)

(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.

(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

(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 the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives are each 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).

(Added Pub. L. 99-433, title I, § 107, Oct. 1, 1986, 100 Stat. 998, § 137; renumbered § 135 and amended Pub. L. 103-160, div. A, title IX, §§ 901(a)(2), 902(a)(1), (b), Nov. 30, 1993, 107 Stat. 1726, 1727; Pub. L. 103-337, div. A, title IX, § 903(a)(1), (2), Oct. 5, 1994, 108 Stat. 2823.) PRIOR PROVISIONS

A prior section 135 was renumbered section 137 of this title.

AMENDMENTS

1994-Pub. L. 103-337, § 903(a)(2), substituted "Under Secretary of Defense (Comptroller)" for "Comptroller" as section catchline.

Subsec. (a). Pub. L. 103-337, § 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, § 903(a)(1)(B), substituted "Under Secretary of Defense (Comptroller)" for "Comptroller" wherever appearing.

1993-Pub. L. 103-160, § 901(a)(2), renumbered section 137 of this title as this section.

Subsec. (b). Pub. L. 103-160, § 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, § 901(a)(2), added subsec. (d).

Subsec. (e). Pub. L. 103-160, § 902(b), added subsec.

(e).

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)."

Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

SECTION REFERRED TO IN OTHER SECTIONS

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 Comptroller.1 (Added Pub. L. 103-160, div. A, title IX, § 903(a), Nov. 30, 1993, 107 Stat. 1727.)

PRIOR PROVISIONS

A prior section 136 was renumbered section 138 of this title.

[§ 136a. Renumbered § 139]

§ 137. Director of Defense Research and Engineering (a) There is a Director of Defense Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate.

(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 and Technology may prescribe.

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

HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

This section is referred to in sections 3022, 5025, 8022 of this title.

5:171c(b)(1) (1st 30 July 26, 1947, ch. 343, words of 1st sentence). 5:171c(b)(1) (2d sentence).

§ 203(b)(1) (less last sentence); added Aug. L 6. 1958. Pub. 85-599, § 9(a) (2d par., less last sentence), 72 Stat. 520.

§ 136. Under Secretary of Defense for Personnel and Readiness

(a) There is an Under Secretary of Defense for Personnel and Readiness, appointed from civilian life by the President, by and with the 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,

CODIFICATION

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

'So in original. Probably should be "Under Secretary of Defense (Comptroller)."

PRIOR PROVISIONS

A prior section 137 was renumbered section 135 of this title.

Another prior section 137 was renumbered section 140 of this title.

AMENDMENTS

1993-Pub. L. 103-160, § 901(a)(1), renumbered section 135 of this title as this section.

Subsec. (b). Pub. L. 103-160, § 904(d)(1), substituted "Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition".

1986-Pub. L. 99-433, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 501(b)(2), substituted "Director of Defense Research and Engineering" for "Under Secretary of Defense for Research and Engineering".

1977-Pub. L. 95-140, § 2(a)(4), substituted "Under Secretaries of Defense" for “Director of Defense Research and Engineering” in section catchline.

Subsec. (a). Pub. L. 95-140, § 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, § 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, § 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".

ORDER OF SUCCESSION

REDESIGNATION OF POSITION OF UNDER SECRETARY OF
DEFENSE FOR RESEARCH AND ENGINEERING; EFFECT
ON INDIVIDUAL HOLDING POSITION

Section 501(b)(3) of Pub. L. 99-348 provided that: "The redesignation by paragraph (1) [amending this section] of the position of Under Secretary of Defense for Research and Engineering as Director of Defense Research and Engineering does not affect the appointment to such position of the individual holding such position on the date of the enactment of this Act [July 1, 1986]."

EMERGENCY FUND FOR RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION

Pub. L. 89-37, title III, § 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 § 114(d)] of this title by Pub. L. 97-295, §§ 1(4), 6(b), Oct. 12, 1982, 96 Stat. 1289, 1314.

§ 138. Assistant Secretaries of Defense

(a) There are eleven 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)(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

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